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2 III

Contents Federal Register Vol. 62, No. 179

Tuesday, September 16, 1997

Agency for International Development Commerce Department NOTICES See Foreign-Trade Zones Board Agency information collection activities: See International Trade Administration Proposed collection; comment request, 48669 See National Oceanic and Atmospheric Administration

Agricultural Research Service Committee for the Implementation of Textile Agreements NOTICES NOTICES Patent licenses; non-exclusive, exclusive, or partially Cotton, wool, and man-made textiles: exclusive: Egypt, 48612–48613 American Cyanamid Co., 48589 University of Georgia Research Foundation of Athens, Commodity Futures Trading Commission 48589 NOTICES Government Performance and Results Act: Agriculture Department Strategic plan; comment request, 48613–48628 See Agricultural Research Service See Animal and Plant Health Inspection Service Council on Environmental Quality See Food Safety and Inspection Service NOTICES See Forest Service Meetings: See Natural Resources Conservation Service Comprehensive Environmental Response, Compensation, and Liability Act; development of memorandum of Animal and Plant Health Inspection Service understanding, 48657 RULES Federal Seed Act: Defense Department Imported seed and screening U.S./Canada seed analysis See Army Department program, etc., 48456–48471 See Defense Special Weapons Agency Interstate transportation of animals and animal products See Engineers Corps (quarantine): See Navy Department Brucellosis in cattle and bison— NOTICES State and area classifications, 48475–48477 Meetings: Defense Reform Task Force, 48628 Army Department Science Board task forces, 48629 See Engineers Corps RULES Defense Special Weapons Agency Privacy Act; implementation, 48480 NOTICES NOTICES Senior Executive Service: Meetings: Performance Review Board; membership, 48630 Armament Retooling and Manufacturing Support Public/ Private Task Force, 48629 Education Department Senior Executive Service: NOTICES Performance Review Boards; membership, 48629–48630 Agency information collection activities: Proposed collection; comment request, 48634–48635 Bonneville Power Administration Submission for OMB review; comment request, 48635– NOTICES 48636 Bonneville purchasing instructions and financial assistance instructions; availability, 48637 Energy Department See Bonneville Power Administration Centers for Disease Control and Prevention See Federal Energy Regulatory Commission NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 48663– Secretary of Energy Advisory Board, 48636 48665 Engineers Corps Civil Rights Commission NOTICES NOTICES Environmental statements; notice of intent: Meetings; State advisory committees: Avila Beach, San Luis Obispo County, CA; remediation Delaware, 48590 plan, 48630–48631 Washington, 48590 Meetings: Coastal Engineering Research Board, 48631 Coast Guard Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Meetings: Sloped face ice control surface method, et al., 48631– National Offshore Safety Advisory Committee, 48693 48633 IV Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Contents

Environmental Protection Agency Satellite communications— RULES Space and earth station application and licensing Air quality implementation plans; approval and requirements; streamlining, 48486–48487 promulgation; various States: Television broadcasting: California, 48480–48485 Closed captioning of video programming; PROPOSED RULES implementation, 48487–48496 Air quality implementation plans; approval and NOTICES promulgation; various States: Agency information collection activities: California, 48586–48587 Submission for OMB review; comment request, 48658– New Mexico, 48587–48588 48659 NOTICES Meetings: Federal Deposit Insurance Corporation Ozone Transport Commission, 48648–48649 NOTICES Pesticide registration, cancellation, etc.: Agency information collection activities: Pesticide producing establishment’s registration; Proposed collection; comment request, 48659 termination, 48649–48656 Reports and guidance documents; availability, etc.: Federal Energy Regulatory Commission Site-specific flexibility requests for municipal solid waste NOTICES landfills in Indian country, 48656–48657 Electric rate and corporate regulation filings: New York State Electric & Gas Corp. et al., 48642–48647 Environmental Quality Council Southern California Edison Co. et al., 48647–48648 See Council on Environmental Quality Applications, hearings, determinations, etc.: Executive Office of the President El Paso Electric Co., 48637 See Council on Environmental Quality Kern River Gas Transmission Co., 48637 See National Drug Control Policy Office KO Transmission Co., 48638 See Presidential Documents Northern Border Pipeline Co., 48638 See Science and Technology Policy Office Northern Natural Gas Co., 48639 Northwest Pipeline Corp., 48639 Federal Aviation Administration Ozark Gas Transmission System, 48639–48640 RULES Paiute Pipeline Co., 48640 Airworthiness directives: Tennessee Gas Pipeline Co., 48640 Bombardier, 48477–48479 Texaco Natural Gas Inc. et al., 48640–48641 PROPOSED RULES Texas Gas Transmission Corp., 48641 Airworthiness directives: Transcontinental Gas Pipe Line Corp., 48641 AeroSpace Technologies of Australia Pty Ltd., 48520– Viking Gas Transmission Co., 48641–48642 48524 Williston Basin Interstate Pipeline Co., 48642 Aerostar Aircraft Corp., 48581–48584 Cessna, 48560–48563 Federal Reserve System Cessna Aircraft Co., 48528–48531, 48535–48538 NOTICES Fairchild, 48574–48577 Banks and bank holding companies: Gulfstream, 48563–48567 Change in bank control, 48659–48660, 48662 Gulfstream American, 48577–48581 Change in bank control; correction, 48659 Harbin Aircraft Manufacturing Corp., 48513–48517 Formations, acquisitions, and mergers, 48662–48663 Industrie Aeronautiche e Meccaniche Rinaldo Piaggio, S.p.A., 48502–48506 Federal Trade Commission Lockheed, 48570–48573 NOTICES McDonnell Douglas, 48553–48556 Joint Venture Project; comment request, 48660–48662 Mitsubishi, 48567–48570 New Piper Aircraft, Inc., 48542–48549 Financial Management Service Partenavia Costruzioni Aeronauticas, S.p.A., 48524– See Fiscal Service 48528 Pilatus Aircraft, Ltd., 48499–48502 Fiscal Service Pilatus Britten-Norman Limited, 48538–48542 PROPOSED RULES Raytheon, 48517–48520, 48531–48535 Financial management services: Sabreliner, 48556–48560 Federal payments; conversion (two phases) of checks to SIAI Marchetti, 48510–48513 electronic fund transfer, 48714–48726 SOCATA-Groupe AEROSPATIALE, 48506–48510 Twin Commander Aircraft Corp., 48549–48553 Fish and Wildlife Service NOTICES NOTICES Airport privatization pilot program; application procedures, Endangered and threatened species permit applications, 48693–48708 48667 Federal Communications Commission Food and Drug Administration RULES NOTICES Common carrier services: Food additive petitions: Access charges— General Electric Co., 48665 Local exchange carriers; price cap performance review, Meetings: etc.; correction, 48485–48486 Medical Devices Advisory Committee, 48665 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Contents V

Food Safety and Inspection Service Granular polytetrafluoroethylene resin from— NOTICES Italy, 48592–48594 Meetings: Oil country tubular goods from— Microbiological Criteria for Foods National Advisory Japan, 48594–48597 Committee, 48589–48590 Sulfanilic acid from— China, 48597–48601 Foreign-Trade Zones Board Titanium sponge from— NOTICES Russian Federation, 48601–48606 Applications, hearings, determinations, etc.: Antidumping duty orders and findings: California Determinations not to revoke, 48591–48592 Solectron Corp.; electronic/computer/ Countervailing duties: telecommunication equipment plant, 48590 Magnesium, pure and alloy, from— South Carolina, 48591 Canada, 48607–48611 Texas AMFELS, Inc.; offshore drilling platforms/shipbuilding, Justice Department 48591 See Parole Commission NOTICES Forest Service Pollution control; consent judgments: NOTICES Buyken Industries, et al., 48670 Environmental statements; availability, etc.: Salmon and Challis National Forests, ID; Thompson Labor Department Creek Mine, 48590 See Pension and Welfare Benefits Administration NOTICES General Services Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 48670– Acquisition regulations: 48671 Procurement integrity certification (OF 333); form cancellation, 48663 Land Management Bureau NOTICES Government Printing Office Alaska Native claims selection: NOTICES Calista Corp., 48667 Meetings: Environmental statements; availability, etc.: Depository Library Council, 48663 Soledad Mountain Project, CA, 48668 Survey plat filings: Health and Human Services Department Idaho, 48668 See Centers for Disease Control and Prevention Withdrawal and reservation of lands: See Food and Drug Administration California, 48668–48669 See Health Care Financing Administration See Substance Abuse and Mental Health Services Merit Systems Protection Board Administration RULES NOTICES Practices and procedures: Agency information collection activities: Original jurisdiction cases; delegation of authority, etc., Submission for OMB review; comment request, 48663 48449–48455 Health Care Financing Administration NOTICES National Drug Control Policy Office Agency information collection activities: NOTICES Submission for OMB review; comment request, 48666 High intensity drug trafficking areas designations; list, 48657–48658 Housing and Urban Development Department NOTICES National Highway Traffic Safety Administration Grants and cooperative agreements; availability, etc.: NOTICES Public and Indian housing— Meetings: Drug elimination program; extension, 48666–48667 Research and development programs, 48708 Motor vehicle safety standards; exemption petitions, etc.: Interior Department General Motors Corp., 48708–48709 See Fish and Wildlife Service Motor vehicles safety standards: See Land Management Bureau Nonconforming vehicles— See National Park Service

International Development Cooperation Agency Importation eligibility; determinations, 48709–48712 See Agency for International Development National Oceanic and Atmospheric Administration International Trade Administration RULES NOTICES Fishery conservation and management: Antidumping: Alaska; fisheries of Exclusive Economic Zone— Color and monochrome television receivers from— Pollock, 48497–48498 Japan, 48592 Tuna, Atlantic bluefin fisheries, 48497 VI Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Contents

NOTICES Public Debt Bureau Permits: See Fiscal Service Marine mammals, 48611 Senior Executive Service: Public Health Service Performance Review Board; membership, 48612 See Centers for Disease Control and Prevention See Food and Drug Administration National Park Service See Substance Abuse and Mental Health Services NOTICES Administration Meetings: Mary McLeod Bethune Council House National Historic Research and Special Programs Administration Site Advisory Commission, 48669 RULES Pipeline safety: Natural Resources Conservation Service Liquefied natural gas regulations; miscellaneous RULES amendments, 48496–48497 Water Bank Program: Responsibility transferred from Agricultural Stabilization Science and Technology Policy Office and Conservation Service to NRCS, 48471–48475 NOTICES Meetings: Navy Department President’s Committee of Advisors on Science and NOTICES Technology, 48658 Privacy Act: Systems of records, 48633–48634 Securities and Exchange Commission NOTICES Neighborhood Reinvestment Corporation Agency information collection activities: NOTICES Proposed collection; comment request, 48683 Meetings; Sunshine Act, 48674 Self-regulatory organizations; proposed rule changes: American Stock Exchange, Inc., 48686–48688 Nuclear Regulatory Commission American Stock Exchange, Inc., et al., 48683–48686 NOTICES National Association of Securities Dealers, Inc., 48688– Agency information collection activities: 48691 Submission for OMB review; comment request, 48674 New York Stock Exchange, Inc., 48691–48692 Meetings: Reactor Safeguards Advisory Committee, 48680 Small Business Administration Meetings; Sunshine Act, 48681 RULES Site decommissioning management plan; sites: Conflict of interests, 48477 Removals from list— NOTICES Cimarron Corp. Site, OK, 48681–48682 Disaster loan areas: Applications, hearings, determinations, etc.: Michigan, 48692–48693 Cleveland Electric Illuminating Co., et al., 48674–48676 Entergy Operations, Inc., 48677 Substance Abuse and Mental Health Services Pacific Gas and Electric Co., 48677–48679 Administration South Carolina Electric and Gas Co., 48679–48680 NOTICES Grant and cooperative agreement awards: Pacific Northwest Electric Power and Conservation American Council for Drug Education of New York, Planning Council 48666 NOTICES Power plan amendments: Surface Transportation Board Northwest conservation and electric power plan, 48682 RULES Practice and procedure: Parole Commission Statutory jurisdiction; voluntary arbitration of certain NOTICES disputes Meetings; Sunshine Act, 48670 Correction, 48497

Pension and Welfare Benefits Administration Textile Agreements Implementation Committee NOTICES See Committee for the Implementation of Textile Employee benefit plans; prohibited transaction exemptions: Agreements Bricklayers and Allied Crafts Local No. 74 of DuPage County et al., 48672–48673 Transportation Department See Coast Guard Presidential Documents See Federal Aviation Administration ADMINISTRATIVE ORDERS See National Highway Traffic Safety Administration Trading With the Enemy Act; extension of the exercise of See Research and Special Programs Administration certain authorities (Presidential Determination No. 97- See Surface Transportation Board 32 of September 12, 1997), 48729 PROPOSED RULES Truth in airfares, 48584–48585 Prospective Payment Assessment Commission NOTICES Treasury Department Meetings, 48683 See Fiscal Service Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Contents VII

United States Information Agency Reader Aids NOTICES Additional information, including a list of telephone Art objects; importation for exhibitions: numbers, finding aids, reminders, and a list of Public Laws Renoir’s Portraits: Impressions of an Age, 48712 appears in the Reader Aids section at the end of this issue. Meetings: Public Diplomacy, U.S. Advisory Commission, 48712 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of Separate Parts In This Issue documents on public inspection is available on 202–275– 1538 or 275–0920. Part II Department of the Treasury, Fiscal Service, 48714–48726 Public Laws Electronic Notification Service Free electronic mail notification of newly enacted Public Part III Laws is now available. To subscribe, send E-mail to The President, 48729 [email protected] with the message: SUBSCRIBE PENS-L FIRSTNAME LASTNAME. VIII Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Memorandums: Presidential Determination No. 97±32 of September 12, 1997 ...... 48729 5 CFR 1201...... 48449 7 CFR 201...... 48456 361...... 48456 633...... 48471 9 CFR 78...... 48475 13 CFR 105...... 48477 14 CFR 39...... 48477 Proposed Rules: 39 (24 documents) ...... 48499, 48502, 48506, 48510, 48513, 48517, 48520, 48524, 48528, 48531, 48535, 48538, 48542, 48546, 48549, 48553, 48556, 48560, 48563, 48567, 48570, 48574, 48577, 48581 260...... 48584 31 CFR Proposed Rules: 208...... 48714 32 CFR 505...... 48480 40 CFR 52 (2 documents) ...... 48480, 48483 Proposed Rules: 52 (3 documents) ...... 48585 48586 47 CFR 25...... 48486 61...... 48485 69...... 48485 79...... 48487 49 CFR 193...... 48496 1002...... 48497 1108...... 48497 50 CFR 285...... 48497 679 (2 documents) ...... 48497 48498 48449

Rules and Regulations Federal Register Vol. 62, No. 179

Tuesday, September 16, 1997

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: (including Hatch Act cases), 1201.128 contains regulatory documents having general Robert E. Taylor, Clerk of the Board, through 1201.133 for Special Counsel applicability and legal effect, most of which (202) 653–7200. corrective action complaints, 1201.134 are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: through 1201.136 for Special Counsel Federal Regulations, which is published under In 50 titles pursuant to 44 U.S.C. 1510. response to the second phase of the stay requests, 1201.137 through Administration’s Reinventing 1201.142 for actions against The Code of Federal Regulations is sold by Government initiative (REGO II), the administrative law judges, and 1201.143 the Superintendent of Documents. Prices of Chairman of the Merit Systems through 1201.145 for informal hearings new books are listed in the first FEDERAL Protection Board appointed a REGO II in proposed removals of career REGISTER issue of each week. Task Force to review all Board appointees from the Senior Executive operations and to make Service for performance reasons. For recommendations for changes in each kind of case, the sections have MERIT SYSTEMS PROTECTION organization, functions, and procedures been rearranged to follow the BOARD that would enable the agency to chronology of a case as it proceeds 5 CFR Part 1201 continue performing its functions through filing of the complaint or effectively at the reduced budget and request, answer, adjudication, decision, Practices and Procedures staffing levels expected through fiscal and review (if any). The provisions on year 2000. One recommendation of the protective orders are moved to the end AGENCY: Merit Systems Protection Task Force with respect to the Board’s of the subpart, §§ 1201.146 through Board. adjudicatory function, subsequently 1201.148, and are revised to clarify that ACTION: Interim rule; request for approved by the Board, was that the protective orders may be issued in comments. regulations for original jurisdiction connection with any pending original cases be amended to permit the issuance SUMMARY: jurisdiction proceeding, as well as The Merit Systems Protection of an initial decision in Special Counsel Board is amending its rules of practice during the course of an investigation by complaints and proposed actions the Special Counsel. and procedure for original jurisdiction against administrative law judges, (b) The provisions on assignment of cases to permit assignment of certain of subject to a petition for review of the cases to an administrative law judge for these cases to a judge other than the initial decision by the Board. Administrative Law Judge, to provide The Board also reviewed its hearing (formerly in §§ 1201.129 and for delegation of authority to the delegations of authority to decide 1201.135) have been replaced by new Administrative Law Judge to decide original jurisdiction cases and provisions in §§ 1201.125 and 1201.140 Special Counsel stay requests, and to determined that it should have the stating that Special Counsel disciplinary provide for judges to issue initial flexibility to assign to any of its judges action complaints (including Hatch Act decisions, rather than recommended those cases that are not required by law cases) and proposed agency actions decisions, in Special Counsel to be heard by an administrative law against administrative law judges will complaints (including alleged violations judge. In addition to making these be heard by an administrative law judge. of the Hatch Act) and proposed actions changes, which are intended to enable Because a hearing before an against administrative law judges. the Board to manage its caseload more administrative law judge is required by Certain other changes are made to efficiently and effectively, the Board is law in these kinds of cases (see 5 U.S.C. reorganize and update the rules taking this opportunity to reorganize 1215(a)(2)(C) and 5 U.S.C. 554(a)(2)), all governing adjudication of original and update its original jurisdiction such cases will continue to be assigned jurisdiction cases for the benefit of the regulations for the benefit of its to the Board’s Administrative Law Judge Board’s customers. These changes are customers. at headquarters. New provisions have the result of a recommendation made by This amendment to 5 CFR part 1201 been added at §§ 1201.131 and 1201.144 the Board’s Reinventing Government II revises the Board’s procedures for the to provide the Board flexibility to assign (REGO II) Task Force and a review by adjudication of original jurisdiction Special Counsel corrective action the Board of its delegations of authority cases set forth in subpart D. The complaints and Senior Executive to decide original jurisdiction cases. following are the principal changes: Service performance-based removal They are intended to streamline the (a) Subpart D has been reorganized so cases to any of its judges, as defined at Board’s adjudicatory procedures so that that, following an introductory section, § 1201.4(a). That section defines ‘‘judge’’ it can manage its original jurisdiction there are separate, self-contained as: ‘‘Any person authorized by the caseload more efficiently and provisions setting forth the procedures Board to hold a hearing or to decide a effectively. for each kind of original jurisdiction case without a hearing, including an DATES: Effective date September 16, case covered by the subpart. The attorney-examiner, an administrative 1997. Submit written comments on or introductory section, 1201.121, sets judge, an administrative law judge, the before November 17, 1997. forth the jurisdictional scope of subpart Board, or any member of the Board.’’ ADDRESSES: Send comments to Robert E. D and the applicability of other subparts Under these new provisions, therefore, Taylor, Clerk of the Board, Merit of part 1201. The procedures for each a Special Counsel corrective action Systems Protection Board, 1120 kind of original jurisdiction case then complaint or a Senior Executive Service Vermont Avenue, NW, Washington, DC are set forth in the following sections: performance-based removal case can be 20419. Comments may be sent via e- 1201.122 through 1201.127 for Special assigned to a judge in one of the Board’s mail to [email protected]. Counsel disciplinary action complaints regional or field offices or to a judge 48450 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

(including an administrative law judge) eliminate an obsolete provision. As impose a lesser penalty of not less than at the Board’s headquarters. revised, the provision states that a a 30-day suspension only if the Board (c) The provisions for Special Counsel disciplinary action may be brought finds ‘‘by unanimous vote’’ that the requests for stays of personnel actions against an employee alleged to have violation does not warrant removal. 5 have been revised to provide that any committed a prohibited personnel U.S.C. 7325. Therefore, the regulations member of the Board may delegate to an practice, to have committed a violation provide at § 1201.125(c) that in such a administrative law judge the authority described in 5 U.S.C. 1216, to have case, the administrative law judge will to decide an initial stay request. See violated the Hatch Act prohibitions issue a recommended decision, subject § 1201.134. applicable to State and local to exceptions and a final decision by the (d) The provisions on filing Special government employees under 5 U.S.C. Board. The procedures applying in this Counsel corrective action complaints 1505, or to have knowingly and instance are the same as those under the and Senior Executive Service willfully refused or failed to comply former § 1201.129. performance-based removal cases have with an order of the Board. The (l) A new provision has been added to been revised to require that subsequent reference to the Federal Employees state the statutory right (at 5 U.S.C. pleadings be filed with the office where Flexible and Compressed Work 1508) for an aggrieved party to obtain the judge to whom the case is assigned Schedule Act (formerly at judicial review of a Board decision in a is located. See §§ 1201.128 and § 1201.123(a)(4)) has been deleted as no Hatch Act case involving a State or local 1201.143. When a case is assigned to a longer necessary. A corresponding government employee. See judge in a regional or field office, an revision has been made in § 1201.126 to § 1201.127(b). acknowledgment order will be issued delete the provisions regarding (m) In the provisions governing directing that subsequent pleadings be discipline the Board can impose under extension of a Special Counsel stay that filed with the office where the judge is the Federal Employees Flexible and has been granted, a new requirement located. Compressed Work Schedule Act has been added that the Special Counsel (e) The provisions on filing original (formerly at § 1201.126(e)). file any request for extension, along jurisdiction cases have been revised to (i) A new provision has been added with its supporting brief, at least 15 require that telephone and facsimile that provides any person on whose days before the expiration date of the numbers, as well as names and behalf the Special Counsel brings a stay. A time limit of 10 days from the addresses, be provided on a certificate corrective action complaint the right to date of filing of the Special Counsel’s of service. See §§ 1201.122, 1201.128, request intervention in the Board brief is established for the filing of any 1201.134, 1201.137, and 1201.143. proceeding under the provisions of agency response. See § 1201.136(b). (f) The provisions on serving copies of § 1201.34. The current language These changes are intended to ensure initial complaints and requests in regarding the right of any person alleged that there is sufficient time to decide a original jurisdiction cases have been to have been the subject of any request for extension of a stay before the revised to require that service be prohibited personnel practice alleged in expiration date of the stay. accomplished by the filer—the Special the complaint to make written (n) In the provisions governing Counsel, the agency proposing an action comments is revised to clarify that this extension of a Special Counsel stay that against an administrative law judge, or right applies regardless of whether such has been granted, the requirement that the career appointee in the Senior a person requests and is granted the Special Counsel provide periodic Executive Service who is requesting an intervenor status. The current language reports during the pendency of the stay informal hearing. See §§ 1201.122, regarding the rights of the Special (formerly at § 1201.127(c)(3)) has been 1201.128, 1201.134, 1201.137, and Counsel, the agency involved, and the deleted. In its place has been added a 1201.143. Previously, service in original Office of Personnel Management to requirement, reflecting current Board jurisdiction cases was accomplished by provide oral or written comments is practice, that the agency ordered to stay the Clerk of the Board (see former unchanged. See § 1201.130. a personnel action provide evidence of § 1201.122(b)). The provisions on (j) New provisions have been added compliance with the stay order within serving copies of subsequent pleadings permitting judges to issue initial five working days of the date of the are unchanged. decisions in Special Counsel corrective order. See § 1201.136(c). (g) New provisions have been added action complaints, Special Counsel (o) A new section has been added to to require the Clerk of the Board to disciplinary action complaints (with the provisions on ‘‘Actions Against furnish a copy of the applicable Board one exception, described in paragraph Administrative Law Judges’’ to cover the regulations to each respondent (other (k) below), and proposed agency actions situation in which a complaint is filed than a Federal, State, or local against administrative law judges. Such by an administrative law judge rather government agency) named in a Special initial decisions will be subject to a than an agency. In this situation, the Counsel disciplinary action complaint petition for review by the Board. See administrative law judge may allege that or a proposed agency action against an §§ 1201.125, 1201.131, and 1201.140. the employing agency has interfered administrative law judge. Furthermore, These provisions replace the procedure with the judge’s qualified decisional the Clerk must advise each respondent in the former § 1201.129, which independence so as to constitute a of his or her procedural rights and the provided for an administrative law constructive removal or other action Board’s requirements regarding the time judge to issue a recommended decision, under 5 U.S.C. 7521 that has not been limit for filing a response to the subject to exceptions and a final authorized by the Board. See § 1201.142. complaint and the content of the decision by the Board. The revised procedures in subpart D response. See §§ 1201.124 and 1201.139. (k) In a Hatch Act case involving a will be applied to original jurisdiction (h) The provision on contents of a Federal or District of Columbia cases that are: (1) Pending on the Special Counsel disciplinary action government employee, where an effective date of this interim rule, except complaint, § 1201.123, has been revised administrative law judge determines for cases pending before the Board on a to describe more specifically the that removal of the employee is not recommended decision of an prohibited conduct and violations of warranted, he or she is without statutory administrative law judge; (2) remanded law that can form the basis for a authority to order a lesser penalty. The by the Board to a judge on or after the disciplinary action complaint, and to statute provides that the Board may effective date of this interim rule; and Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48451

(3) filed on or after the effective date of 1201.147 Requests for protective orders by each party or the party’s representative, this interim rule. persons other than the Special Counsel. as shown on the certificate of service. The Board is publishing this rule as 1201.148 Enforcement of protective orders. (c) Subsequent filings and service. an interim rule pursuant to 5 U.S.C. Each party must serve on every other Subpart DÐProcedures for Original 1204(h). party or the party’s representative one Jurisdiction Cases copy of each of its pleadings, as defined List of Subjects in 5 CFR Part 1201 General by §1201.4(b). A certificate of service Administrative practice and describing how and when service was procedure, Civil rights, Government § 1201.121 Scope of jurisdiction; made must accompany each pleading. employees. application of subparts B, F, and H. Each party is responsible for notifying Accordingly, the Board amends 5 CFR (a) Scope. The Board has original the Board and the other parties in part 1201 as follows: jurisdiction over complaints filed by the writing of any change in name, address, Special Counsel seeking corrective or telephone number, or facsimile number PART 1201Ð[AMENDED] disciplinary action (including of the party or the party’s representative. 1. The authority citation for part 1201 complaints alleging a violation of the (d) Method of filing and service. Filing continues to read as follows: Hatch Political Activities Act), requests may be by mail, by facsimile, by by the Special Counsel for stays of commercial overnight delivery, or by Authority: 5 U.S.C. 1204 and 7701, and 38 certain personnel actions, proposed personal delivery to the Clerk of the U.S.C. 4331, unless otherwise noted. agency actions against administrative Board. Service may be by mail, by 2. Subpart D is revised to read as law judges, and removals of career facsimile, by commercial overnight follows: appointees from the Senior Executive delivery, or by personal delivery to each Subpart DÐProcedures for Original Service for performance reasons. party or the party’s representative, as Jurisdiction Cases (b) Application of subparts B, F, and shown on the certificate of service. H. (1) Except as otherwise expressly GENERAL provided by this subpart, the regulations § 1201.123 Contents of complaint. Sec. in subpart B of this part applicable to (a) If the Special Counsel determines 1201.121 Scope of jurisdiction; application appellate case processing also apply to that the Board should take any of the of subparts B, F, and H. original jurisdiction cases processed actions listed below, he or she must file Special Counsel Disciplinary Actions under this subpart. a written complaint in accordance with 1201.122 Filing complaint; serving (2) Subpart F of this part applies to §1201.122 of this part, stating with documents on parties. enforcement proceedings in connection particularity any alleged violations of 1201.123 Contents of complaint. with Special Counsel complaints and law or regulation, along with the 1201.124 Rights; answer to complaint. stay requests, and agency actions against supporting facts. 1201.125 Administrative law judge. administrative law judges, decided (1) Action to discipline an employee 1201.126 Final decisions. under this subpart. alleged to have committed a prohibited 1201.127 Judicial review. (3) Subpart H of this part applies to personnel practice, 5 U.S.C. Special Counsel Corrective Actions requests for attorney fees or 1215(a)(1)(A); (2) Action to discipline an employee 1201.128 Filing complaint; serving compensatory damages in connection documents on parties. with Special Counsel corrective and alleged to have violated any law, rule, 1201.129 Contents of complaint. disciplinary action complaints, and or regulation, or to have engaged in 1201.130 Rights; answer to complaint. agency actions against administrative prohibited conduct, within the 1201.131 Judge. law judges, decided under this subpart. jurisdiction of the Special Counsel 1201.132 Final decisions. Subpart H of this part also applies to under 5 U.S.C. 1216 (including an 1201.133 Judicial review. requests for consequential damages in alleged violation by a Federal or District Special Counsel Requests for Stays connection with Special Counsel of Columbia government employee involving political activity prohibited 1201.134 Deciding official; filing stay corrective action complaints decided request; serving documents on parties. under this subpart. under 5 U.S.C. 7324), 5 U.S.C. 1201.135 Contents of stay request. 1215(a)(1)(B), 1216(a), and 1216(c); 1201.136 Action on stay request. Special Counsel Disciplinary Actions (3) Action to discipline a State or local government employee for an Actions Against Administrative Law Judges § 1201.122 Filing complaint; serving documents on parties. alleged violation involving prohibited 1201.137 Covered actions; filing complaint; political activity, 5 U.S.C. 1505; or serving documents on parties. (a) Place of filing. A Special Counsel (4) Action to discipline an employee 1201.138 Contents of complaint. complaint seeking disciplinary action for an alleged knowing and willful 1201.139 Rights; answer to complaint. under 5 U.S.C. 1215(a)(1) (including a refusal or failure to comply with an 1201.140 Judge; requirement for finding of complaint alleging a violation of the good cause. order of the Board, 5 U.S.C. Hatch Political Activities Act) must be 1215(a)(1)(C). 1201.141 Judicial review. filed with the Clerk of the Board. 1201.142 Actions filed by administrative (b) The administrative law judge to law judges. (b) Initial filing and service. The whom the complaint is assigned may Special Counsel must file two copies of order the Special Counsel and the Removal From the Senior Executive Service the complaint, together with numbered responding party to file briefs, 1201.143 Right to hearing; filing complaint; and tabbed exhibits or attachments, if memoranda, or both in any disciplinary serving documents on parties. any, and a certificate of service listing action complaint the Special Counsel 1201.144 Hearing procedures; referring the each party or the party’s representative. brings before the Board. record. The certificate of service must show the 1201.145 No appeal. last known address, telephone number, §1201.124 Rights; answer to complaint. Requests for Protective Orders and facsimile number of each party or (a) Responsibilities of Clerk of the 1201.146 Requests for protective orders by representative. The Special Counsel Board. The Clerk of the Board shall the Special Counsel. must serve a copy of the complaint on furnish a copy of the applicable Board 48452 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations regulations to each party that is not a government employee for a violation of a Federal or District of Columbia Federal, State, or local government 5 U.S.C. 7324, where the administrative government employee has violated 5 agency and shall inform such a party of law judge finds that the violation does U.S.C. 7324 and that the violation the party’s rights under paragraph (b) of not warrant removal, the administrative warrants removal, the administrative this section and the requirements law judge will issue a recommended law judge, or the Board on petition for regarding the timeliness and content of decision to the Board in accordance review, will issue a written decision an answer to the Special Counsel’s with 5 U.S.C. 557. ordering the employee’s removal. If the complaint under paragraphs (c) and (d), (2) The parties may file with the Clerk administrative law judge determines respectively, of this section. of the Board any exceptions they may that removal is not warranted, the judge (b) Rights. When the Special Counsel have to the recommended decision of will issue a recommended decision files a complaint proposing a the administrative law judge. Those under §1201.125(c)(1) of this part. If the disciplinary action against an employee exceptions must be filed within 35 days Board finds by unanimous vote that the under 5 U.S.C. 1215(a)(1), the employee after the date of service of the violation does not warrant removal, it has the right: recommended decision. will impose instead a penalty of not less (1) To file an answer, supported by (3) The parties may file replies to than 30 days suspension without pay. If affidavits and documentary evidence; exceptions within 25 days after the date the Board finds by majority vote that the (2) To be represented; of service of the exceptions, as that date violation warrants removal, it will order (3) To a hearing on the record before is determined by the certificate of the employee’s removal. an administrative law judge; service. (4) To a written decision, issued at the (4) No additional evidence will be §1201.127 Judicial review. earliest practicable date, in which the accepted with a party’s exceptions or (a) An employee subject to a final administrative law judge states the with a reply to exceptions unless the Board decision imposing disciplinary reasons for his or her decision; and party submitting it shows that the action under 5 U.S.C. 1215 may obtain (5) To a copy of the administrative evidence was not readily available judicial review of the decision in the law judge’s decision and subsequent before the administrative law judge United States Court of Appeals for the final decision by the Board, if any. closed the record. Federal Circuit, except as provided (c) Filing and default. A party named (5) The Board will consider the under paragraph (b) of this section. 5 in a Special Counsel disciplinary action recommended decision of the U.S.C. 1215(a)(4). complaint may file an answer with the administrative law judge, together with (b) A party aggrieved by a Clerk of the Board within 35 days of the any exceptions and replies to exceptions determination or order of the Board date of service of the complaint. If a filed by the parties, and will issue a under 5 U.S.C. 1505 (governing alleged party fails to answer, the failure may final written decision. violations of the Hatch Political constitute waiver of the right to contest Activities Act by State or local the allegations in the complaint. §1201.126 Final decisions. government employees) may obtain Unanswered allegations may be (a) In any action to discipline an judicial review in an appropriate United considered admitted and may form the employee, except as provided in States district court. 5 U.S.C. 1508. basis of the administrative law judge’s paragraphs (b) or (c) of this section, the Special Counsel Corrective Actions decision. administrative law judge, or the Board (d) Content. An answer must contain on petition for review, may order a §1201.128 Filing complaint; serving a specific denial, admission, or removal, a reduction in grade, a documents on parties. explanation of each fact alleged in the debarment (not to exceed five years), a (a) Place of filing. A Special Counsel complaint. If the respondent has no suspension, a reprimand, or an complaint seeking corrective action knowledge of a fact, he or she must say assessment of civil penalty not to under 5 U.S.C. 1214 must be filed with so. The respondent may include exceed $1,100. 5 U.S.C. 1215(a)(3). the Clerk of the Board. After the statements of fact and appropriate (b) In any action in which the complaint has been assigned to a judge, documentation to support each denial administrative law judge, or the Board subsequent pleadings must be filed with or defense. Allegations that are on petition for review, finds under 5 the Board office where the judge is unanswered or admitted in the answer U.S.C. 1505 that a State or local located. may be considered true. government employee has violated the (b) Initial filing and service. The Hatch Political Activities Act and that Special Counsel must file two copies of §1201.125 Administrative law judge. the employee’s removal is warranted, the complaint, together with numbered (a) An administrative law judge will the administrative law judge, or the and tabbed exhibits or attachments, if hear a disciplinary action complaint Board on petition for review, will issue any, and a certificate of service listing brought by the Special Counsel. a written decision notifying the the respondent agency or the agency’s (b) Except as provided in paragraph employing agency and the employee representative, and each person on (c)(1) of this section, the administrative that the employee must be removed and whose behalf the corrective action is law judge will issue an initial decision not reappointed within 18 months of the brought. The certificate of service must on the complaint pursuant to 5 U.S.C. date of the decision. If the agency fails show the last known address, telephone 557. The applicable provisions of to remove the employee, or if it number, and facsimile number of the §§ 1201.111, 1201.112, and 1201.113 of reappoints the employee within 18 agency or its representative, and each this part govern the issuance of initial months, the administrative law judge, or person on whose behalf the corrective decisions, the jurisdiction of the judge, the Board on petition for review, may action is brought. The Special Counsel and the finality of initial decisions. The order the Federal entity administering must serve a copy of the complaint on initial decision will be subject to the loans or grants to the agency to the agency or its representative, and procedures for a petition for review by withhold funds from the agency as each person on whose behalf the the Board under subpart C of this part. provided under 5 U.S.C. 1506. corrective action is brought, as shown (c) (1) In a Special Counsel complaint (c) In any Hatch Act action in which on the certificate of service. seeking disciplinary action against a the administrative law judge, or the (c) Subsequent filings and service. Federal or District of Columbia Board on petition for review, finds that Each party must serve on every other Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48453 party or the party’s representative one (3) The judge to whom the complaint (2) Corrective action under paragraph copy of each of its pleadings, as defined is assigned shall provide a person (b)(1) of this section may not be ordered by §1201.4(b). A certificate of service alleged to have been the subject of any if the agency demonstrates by clear and describing how and when service was prohibited personnel practice alleged in convincing evidence that it would have made must accompany each pleading. the complaint the opportunity to make taken the same personnel action in the Each party is responsible for notifying written comments, regardless of absence of such disclosure. 5 U.S.C. the Board and the other parties in whether that person has requested and 1214(b)(4)(B). writing of any change in name, address, been granted intervenor status. 5 U.S.C. §1201.133 Judicial review. telephone number, or facsimile number 1214(b)(3)(B). of the party or the party’s representative. (b) Filing and default. An agency An employee, former employee, or (d) Method of filing and service. Filing named as respondent in a Special applicant for employment who is may be by mail, by facsimile, by Counsel corrective action complaint adversely affected by a final Board commercial overnight delivery, or by may file an answer with the judge to decision on a corrective action personal delivery to the office whom the complaint is assigned within complaint brought by the Special determined under paragraph (a) of this 35 days of the date of service of the Counsel may obtain judicial review of section. Service may be by mail, by complaint. If the agency fails to answer, the decision in the United States Court facsimile, by commercial overnight the failure may constitute waiver of the of Appeals for the Federal Circuit. 5 delivery, or by personal delivery to each right to contest the allegations in the U.S.C. 1214(c). party or the party’s representative, as complaint. Unanswered allegations may Special Counsel Requests for Stays shown on the certificate of service. be considered admitted and may form the basis of the judge’s decision. §1201.134 Deciding official; filing stay §1201.129 Contents of complaint. (c) Content. An answer must contain request; serving documents on parties. (a) If the Special Counsel determines a specific denial, admission, or (a) Request to stay personnel action. that the Board should take action to explanation of each fact alleged in the Under 5 U.S.C. 1214(b)(1), the Special require an agency to correct a prohibited complaint. If the respondent agency has Counsel may seek to stay a personnel personnel practice (or a pattern of no knowledge of a fact, it must say so. action if the Special Counsel determines prohibited personnel practices) under 5 The respondent may include statements that there are reasonable grounds to U.S.C. 1214(b)(4), he or she must file a of fact and appropriate documentation believe that the action was taken or will written complaint in accordance with to support each denial or defense. be taken as a result of a prohibited §1201.128 of this part, stating with Allegations that are unanswered or personnel practice. particularity any alleged violations of admitted in the answer may be (b) Deciding official. Any member of law or regulation, along with the considered true. the Board may delegate to an supporting facts. administrative law judge the authority (b) If the Special Counsel files a §1201.131 Judge. to decide a Special Counsel request for corrective action with the Board on (a) The Board will assign a corrective an initial stay. behalf of an employee, former action complaint brought by the Special (c) Place of filing. A Special Counsel employee, or applicant for employment Counsel to a judge, as defined at stay request must be filed with the Clerk who has sought corrective action from § 1201.4(a) of this part, for hearing. of the Board. the Board directly under 5 U.S.C. (b) The judge will issue an initial (d) Initial filing and service. The 1214(a)(3), the Special Counsel must decision on the complaint pursuant to 5 Special Counsel must file two copies of provide evidence that the employee, U.S.C. 557. The applicable provisions of the request, together with numbered and former employee, or applicant has §§ 1201.111, 1201.112, and 1201.113 of tabbed exhibits or attachments, if any, consented to the Special Counsel’s this part govern the issuance of initial and a certificate of service listing the seeking corrective action. 5 U.S.C. decisions, the jurisdiction of the judge, respondent agency or the agency’s 1214(a)(4). and the finality of initial decisions. The representative. The certificate of service (c) The judge to whom the complaint initial decision will be subject to the must show the last known address, is assigned may order the Special procedures for a petition for review by telephone number, and facsimile Counsel and the respondent agency to the Board under subpart C of this part. number of the agency or its file briefs, memoranda, or both in any representative. The Special Counsel corrective action complaint the Special §1201.132 Final decisions. must serve a copy of the request on the Counsel brings before the Board. (a) In any Special Counsel complaint agency or its representative, as shown seeking corrective action based on an on the certificate of service. §1201.130 Rights; answer to complaint. allegation that a prohibited personnel (e) Subsequent filings and service. (a) Rights. (1) A person on whose practice has been committed, the judge, Each party must serve on every other behalf the Special Counsel brings a or the Board on petition for review, may party or the party’s representative one corrective action has a right to request order appropriate corrective action. 5 copy of each of its pleadings, as defined intervention in the proceeding in U.S.C. 1214(b)(4)(A). by §1201.4(b). A certificate of service accordance with the regulations in (b) (1) Subject to the provisions of describing how and when service was §1201.34 of this part. The Clerk of the paragraph (b)(2) of this section, in any made must accompany each pleading. Board shall notify each such person of case involving an alleged prohibited Each party is responsible for notifying this right. personnel practice described in 5 U.S.C. the Board and the other parties in (2) When the Special Counsel files a 2302(b)(8), the judge, or the Board on writing of any change in name, address, complaint seeking corrective action, the petition for review, will order telephone number, or facsimile number judge to whom the complaint is appropriate corrective action if the of the party or the party’s representative. assigned shall provide an opportunity Special Counsel demonstrates that a (f) Method of filing and service. Filing for oral or written comments by the disclosure described under 5 U.S.C. may be by mail, by facsimile, by Special Counsel, the agency involved, 2302(b)(8) was a contributing factor in commercial overnight delivery, or by and the Office of Personnel the personnel action that was taken or personal delivery to the Clerk of the Management. 5 U.S.C. 1214(b)(3)(A). will be taken against the individual. Board. Service may be by mail, by 48454 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations facsimile, by commercial overnight and opportunity for oral or written §1201.138 Contents of complaint. delivery, or by personal delivery to each comments to the individual on whose A complaint filed under this section party or the party’s representative, as behalf the stay was ordered. 5 U.S.C. must describe with particularity the shown on the certificate of service. 1214(b)(1)(D). facts that support the proposed agency (e) Additional information. At any action. §1201.135 Contents of stay request. time, where appropriate, the Special The Special Counsel, or that official’s Counsel, the agency, or both may be §1201.139 Rights; answer to complaint. representative, must sign each stay required to appear and present further (a) Responsibilities of Clerk of the request, and must include the following information or explanation regarding a Board. The Clerk of the Board shall information in the request: request for a stay, to file supplemental furnish a copy of the applicable Board (a) The names of the parties; briefs or memoranda, or to supply regulations to each administrative law (b) The agency and officials involved; factual information needed to make a judge named as a respondent in the (c) The nature of the action to be decision regarding a stay. complaint and shall inform each stayed; respondent of his or her rights under (d) A concise statement of facts Actions Against Administrative Law paragraph (b) of this section and the justifying the charge that the personnel Judges requirements regarding the timeliness action was or will be the result of a §1201.137 Covered actions; filing and content of an answer to the agency’s prohibited personnel practice; and complaint; serving documents on parties. complaint under paragraphs (c) and (d), (e) The laws or regulations that were (a) Covered actions. The jurisdiction respectively, of this section. violated, or that will be violated if the (b) Rights. When an agency files a stay is not issued. of the Board under 5 U.S.C. 7521 and this subpart with respect to actions complaint proposing an action against §1201.136 Action on stay request. against administrative law judges is an administrative law judge under 5 U.S.C. 7521 and this subpart, the (a) Initial stay. A Special Counsel limited to proposals by an agency to take any of the following actions against administrative law judge has the right: request for an initial stay of 45 days will (1) To file an answer, supported by an administrative law judge: be granted within three working days affidavits and documentary evidence; (1) Removal; after the filing of the request, unless, (2) To be represented; (2) Suspension; under the facts and circumstances, the (3) To a hearing on the record before (3) Reduction in grade; requested stay would not be an administrative law judge; (4) Reduction in pay; and appropriate. Unless the stay is denied (4) To a written decision, issued at the (5) Furlough of 30 days or less. within the 3-day period, it is considered earliest practicable date, in which the (b) Place of filing. To initiate an action granted by operation of law. administrative law judge states the against an administrative law judge (b) Extension of stay. Upon the reasons for his or her decision; and Special Counsel’s request, a stay granted under this subpart, an agency must file (5) To a copy of the administrative under 5 U.S.C. 1214(b)(1)(A) may be a complaint with the Clerk of the Board. law judge’s decision and subsequent extended for an appropriate period of (c) Initial filing and service. The final decision by the Board, if any. time, but only after providing the agency must file two copies of the (c) Filing and default. A respondent agency with an opportunity to comment complaint, together with numbered and named in an agency complaint may file on the request. The Special Counsel tabbed exhibits or attachments, if any, an answer with the Clerk of the Board must file any request for an extension of and a certificate of service listing each within 35 days of the date of service of a stay under 5 U.S.C. 1214(b)(1)(B) at party or the party’s representative. the complaint. If a respondent fails to least 15 days before the expiration date The certificate of service must show answer, the failure may constitute of the stay. A brief describing the facts the last known address, telephone waiver of the right to contest the and any relevant legal authority that number, and facsimile number of each allegations in the complaint. should be considered must accompany party or representative. The agency Unanswered allegations may be the request for extension. Any response must serve a copy of the complaint on considered admitted and may form the by the agency must be filed within 10 each party or the party’s representative, basis of the administrative law judge’s days of the date of service of the Special as shown on the certificate of service. decision. Counsel’s brief. (d) Subsequent filings and service. (d) Content. An answer must contain (c) Evidence of compliance with a Each party must serve on every other a specific denial, admission, or stay. Within five working days from the party or the party’s representative one explanation of each fact alleged in the date of a stay order or an order copy of each of its pleadings, as defined complaint. If the respondent has no extending a stay, the agency ordered to by §1201.4(b). A certificate of service knowledge of a fact, he or she must say stay a personnel action must file describing how and when service was so. The respondent may include evidence setting forth facts and made must accompany each pleading. statements of fact and appropriate circumstances demonstrating Each party is responsible for notifying documentation to support each denial compliance with the order. the Board and the other parties in or defense. Allegations that are (d) Termination of stay. A stay may be writing of any change in name, address, unanswered or admitted in the answer terminated at any time, except that a telephone number, or facsimile number may be considered true. stay may not be terminated: of the party or the party’s representative. (1) On the motion of an agency, or on (e) Method of filing and service. Filing §1201.140 Judge; requirement for finding the deciding official’s own motion, may be by mail, by facsimile, by of good cause. without first providing notice and commercial overnight delivery, or by (a) Judge. (1) An administrative law opportunity for oral or written personal delivery to the Clerk of the judge will hear an action brought by an comments to the Special Counsel and Board. Service may be by mail, by employing agency under this subpart the individual on whose behalf the stay facsimile, by commercial overnight against a respondent administrative law was ordered; or delivery, or by personal delivery to each judge. (2) On the motion of the Special party or the party’s representative, as (2) The judge will issue an initial Counsel without first providing notice shown on the certificate of service. decision pursuant to 5 U.S.C. 557. The Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48455 applicable provisions of §§ 1201.111, assigned to a judge, subsequent action by the judge or the Board in cases 1201.112, and 1201.113 of this part pleadings must be filed with the Board arising under §1201.143(a) of this part. govern the issuance of initial decisions, office where the judge is located. The removal action will not be delayed the jurisdiction of the judge, and the (c) Initial filing and service. The as a result of the hearing. finality of initial decisions. The initial appointee must file two copies of the Requests for Protective Orders decision will be subject to the request, together with numbered and procedures for a petition for review by tabbed exhibits or attachments, if any, §1201.146 Requests for protective orders the Board under subpart C of this part. and a certificate of service listing the by the Special Counsel. (b) Requirement for finding of good agency proposing the appointee’s (a) Under 5 U.S.C. 1204(e)(1)(B), the cause. A decision on a proposed agency removal or the agency’s representative. Board may issue any order that may be action under this subpart against an The certificate of service must show the necessary to protect a witness or other administrative law judge will authorize last known address, telephone number, individual from harassment during an the agency to take a disciplinary action, and facsimile number of the agency or investigation by the Special Counsel or and will specify the penalty to be its representative. The appointee must during the pendency of any proceeding imposed, only after a finding of good serve a copy of the request on the before the Board, except that an agency, cause as required by 5 U.S.C. 7521 has agency or its representative, as shown other than the Office of the Special been made. on the certificate of service. Counsel, may not request a protective (d) Subsequent filings and service. §1201.141 Judicial review. order with respect to an investigation by Each party must serve on every other the Special Counsel during such An administrative law judge subject party or the party’s representative one investigation. to a final Board decision authorizing a copy of each of its pleadings, as defined proposed agency action under 5 U.S.C. (b) Any motion by the Special by §1201.4(b). A certificate of service Counsel requesting a protective order 7521 may obtain judicial review of the describing how and when service was decision in the United States Court of must include a concise statement of made must accompany each pleading. reasons justifying the motion, together Appeals for the Federal Circuit. 5 U.S.C. Each party is responsible for notifying 7703. with any relevant documentary the Board and the other parties in evidence. Where the request is made in §1201.142 Actions filed by administrative writing of any change in name, address, connection with a pending Special law judges. telephone number, or facsimile number Counsel proceeding, the motion must be of the party or the party’s representative. An administrative law judge who filed as early in the proceeding as alleges that an agency has interfered (e) Method of filing and service. Filing practicable. with the judge’s qualified decisional may be by mail, by facsimile, by (c) Where there is a pending Special independence so as to constitute an commercial overnight delivery, or by Counsel proceeding, a Special Counsel unauthorized action under 5 U.S.C. personal delivery to the office motion requesting a protective order 7521 may file a complaint with the determined under paragraph (b) of this must be filed with the judge conducting Board under this subpart. The filing and section. Service may be by mail, by the proceeding, and the judge will rule service requirements of § 1201.137 facsimile, by commercial overnight on the motion. Where there is no apply. Such complaints shall be delivery, or by personal delivery to each pending Special Counsel proceeding, a adjudicated in the same manner as party or the party’s representative, as Special Counsel motion requesting a agency complaints under this subpart. shown on the certificate of service. protective order must be filed with the §1201.144 Hearing procedures; referring Clerk of the Board, and the Board will Removal From the Senior Executive designate a judge, as defined at Service the record. (a) The official designated to hold an §1201.4(a) of this part, to rule on the §1201.143 Right to hearing; filing informal hearing requested by a career motion. complaint; serving documents on parties. appointee whose removal from the §1201.147 Requests for protective orders (a) Right to hearing. If an agency Senior Executive Service has been by persons other than the Special Counsel. proposes to remove a career appointee proposed under 5 U.S.C. 3592(a)(2) and Requests for protective orders by from the Senior Executive Service under 5 CFR 359.502 will be a judge, as persons other than the Special Counsel 5 U.S.C. 3592(a) (2) and 5 CFR 359.502, defined at §1201.4(a) of this part. in connection with pending original and to place that employee in another (b) The appointee, the appointee’s jurisdiction proceedings are governed civil service position, the appointee may representative, or both may appear and by §1201.55(d) of this part. request an informal hearing before an present arguments in an informal official designated by the Board. Under hearing before the judge. A verbatim §1201.148 Enforcement of protective 5 CFR 359.502, the agency proposing record of the proceeding will be made. orders. the removal must provide the appointee The appointee has no other procedural A protective order issued by a judge 30 days advance notice and must advise rights before the judge or the Board. or the Board under this subpart may be the appointee of the right to request a (c) The judge will refer a copy of the enforced in the same manner as hearing. If the appointee files the record to the Special Counsel, the Office provided under subpart F of this part for request at least 15 days before the of Personnel Management, and the Board final decisions and orders. effective date of the proposed removal, employing agency for whatever action Dated: September 10, 1997. the request will be granted. may be appropriate. (b) Place of filing. A request for an Robert E. Taylor, informal hearing under paragraph (a) of §1201.145 No appeal. Clerk of the Board. this section must be filed with the Clerk There is no right under 5 U.S.C. 7703 [FR Doc. 97–24440 Filed 9–15–97; 8:45 am] of the Board. After the request has been to appeal the agency’s action or any BILLING CODE 7400±01±U 48456 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

DEPARTMENT OF AGRICULTURE provisions of the FSA are found in include plant health activities §§ 201.101 through 201.230 (referred to conducted at the Federal level, Animal and Plant Health Inspection below as the regulations). including the seed analysis and Service The responsibility for inspection of laboratory accreditation activities we imported seeds under Title III of the had attributed to Agriculture and Agri- 7 CFR Parts 201 and 361 FSA was transferred from the Food Canada in the proposed rule. [Docket No. 93±126±5] Agricultural Marketing Service (AMS) to Therefore, for accuracy, we will refer to the Animal and Plant Health Inspection the Canadian Food Inspection Agency, RIN 0579±AA64 Service (APHIS) by a final rule rather than to Agriculture and Agri- amending the delegations of authority Imported Seed and Screenings Food Canada, throughout this from the Secretary of Agriculture that document. We have also updated the AGENCY: Animal and Plant Health was published in the Federal Register regulations in § 371.7(a) to reflect that Inspection Service, USDA. on September 22, 1982 (47 FR 41725), change. ACTION: Final rule. and effective October 1, 1982. In a proposed rule published in the Discussion of Comments SUMMARY: We are amending the Federal Register on October 4, 1996 (61 Comment: The proposed regulations ‘‘Imported Seed’’ regulations by moving FR 51791–51810, Docket No. 93–126–4), refer to an ‘‘official seed analyst,’’ which the regulations to a different chapter in we proposed to revise the regulations to is defined as a ‘‘registered member of the Code of Federal Regulations; reflect amendments to the FSA and the the Association of Official Seed establishing a seed analysis program transfer of regulatory authority for Title Analysts’’ (AOSA). The AOSA does not with Canada; and allowing U.S. III of the FSA from AMS to APHIS. To have a category of ‘‘registered member,’’ companies that import seed for cleaning reflect that change in authority, we and the voting category of membership or screenings for processing to enter into proposed to move the regulations from in AOSA is entitled ‘‘official compliance agreements with the Animal 7 CFR chapter I, which is one of the laboratory.’’ Therefore, the term ‘‘official and Plant Health Inspection Service. chapters in which AMS regulations seed laboratory,’’ which would be These changes are being made to reflect appear, to 7 CFR chapter III, where defined as an official laboratory member recent amendments to the Federal Seed APHIS’ plant-related regulations appear. of AOSA, should be used instead of Act and the transfer of responsibility for As part of that proposed move, we also ‘‘official seed analyst.’’ proposed to update the regulations to the import provisions of the act from the Response: We agree with the reflect amendments to the FSA and Agricultural Marketing Service to the commenter and have made the make nonsubstantive editorial changes Animal and Plant Health Inspection suggested changes. Specifically, we to the arrangement and wording of the Service. These changes will bring the have changed the definition in § 361.1 regulatory text to improve its clarity. We imported seed regulations into of ‘‘official seed analyst’’ to ‘‘official also announced that we would host a agreement with the amended Federal seed laboratory’’ with the suggested public hearing on November 21, 1996, Seed Act, eliminate the need for definition, and we have changed a to provide interested persons with an sampling shipments of Canadian-origin reference in § 361.8(a)(1) from ‘‘official seed at the border, and allow certain opportunity to present their views regarding the proposed rule. seed analyst’’ to ‘‘official seed seed importers to clean seed without the laboratory.’’ direct monitoring of an Animal and We solicited comments concerning the proposed rule for 60 days ending Comment: Members of the Plant Health Inspection Service Commercial Seed Analysts Association inspector. December 3, 1996. We received five comments by that date. The November of Canada (CSAAC) should be given the EFFECTIVE DATE: October 16, 1997. 21, 1996, hearing was held as same recognition as the registered seed FOR FURTHER INFORMATION CONTACT: Ms. scheduled, but no members of the technologists and official seed analysts Polly Lehtonen, Botanist, Biological public attended to present comments mentioned in the proposed rule. Assessment and Taxonomic Support, (although one of the five comments Response: The role of the registered PPQ, APHIS, 4700 River Road Unit 133, mentioned above was included in the seed technologist and official seed Riverdale, MD 20737–1236, (301) 734– record of the public hearing at the analyst (now official seed laboratory, as 8896. request of the person who submitted the noted above) in the proposed SUPPLEMENTARY INFORMATION: comment). The comments we received regulations and in this final rule is were from U.S. and Canadian seed limited to analyzing representative Background analysts associations, a seed trade samples of seed cleaned in the United Under the authority of the Federal association, and two State departments States under a compliance agreement as Seed Act of 1939, as amended (FSA), of agriculture. Although all of the set forth in § 361.8(a)(1). While it is the U.S. Department of Agriculture commenters offered support for the likely that members of CSAAC are (USDA) regulates the importation and proposed rule, each of them offered working in laboratories associated with interstate movement of certain suggestions or sought clarification or accredited by the Canadian Food agricultural and vegetable seed and regarding the changes proposed in the Inspection Agency and will, thus, be screenings. Title III of the FSA, ‘‘Foreign proposed rule. Those comments are involved in the analysis and Commerce,’’ requires shipments of discussed below. certification of seed in Canada under imported agricultural and vegetable § 361.7, we do not foresee that they seed to be labeled correctly and to be Change in Responsible Canadian would be involved in the analysis of tested for the presence of the seeds of Agency seed after it has been imported into the certain noxious weeds as a condition of On April 1, 1997, the Canadian Food United States and cleaned. For that entry into the United States. The Inspection Agency, a public agency reason, we do not believe it is necessary USDA’s regulations implementing the reporting to Canada’s Minister of to explicitly mention CSAAC or its provisions of the FSA are found at 7 Agriculture and Agri-Food, was members in the regulations. Therefore, CFR part 201; the regulations established. The Canadian Food we have made no changes in this final implementing the foreign commerce Inspection Agency’s responsibilities rule based on that comment. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48457

Comment: The noxious weed seed regulations in 7 CFR 201.50 recognize the seed to enter the United States if the tolerances set out in § 361.6(b) are too each States’ prohibited weed list in importer withdraws the original lenient. As it is currently written, the enforcing the interstate provisions of the declaration and files a new declaration discovery of two seeds in an initial FSA. Because individual States have the stating that the seed is being imported examination triggers a second authority to prevent the sale within for feeding or manufacturing purposes. examination; if two or fewer seeds are their borders of seed containing weed How can APHIS be sure that the found in the second examination, the lot seeds prohibited under State importer will not use the seed for of seed may be imported. Such a regulations, we do not believe it is planting purposes once it reaches its tolerance would allow approximately necessary to amend the imported seed final destination in the United States? 100 noxious weed seeds per 50 lb. bag regulations to reflect the noxious weed Response: There are avenues that an for a crop seed the size of wheat. The lists of all the States. We have, therefore, importer can pursue to render discovery of even one or two seeds in made no changes in this final rule based adulterated seed fit for planting a second examination serves only to on that comment. purposes and penalties in place to confirm that prohibited noxious weed Comment: As set forth in the discourage the type of action envisioned seeds are present in the lot of seed. The proposed rule, the regulations in § 361.7 by the commenter. If a lot of seed is regulations should be changed to are unclear as to who in Canada will be deemed to be adulterated, the importer require a second examination upon the doing the sampling of seed intended for of the seed would have the option of discovery of a single noxious weed seed; export to the United States. Sampling sending the seed to a seed-cleaning if the second examination yields one or must be performed by persons trained in facility. After the noxious weed seeds proper sampling and who are in no way more noxious weed seeds, then the lot are removed, the importer could sell the biased as to test outcome. of seed should be refused entry. seed for planting purposes. When an Response: The tolerances established Response: The sampling in Canada importer instead chooses to file a new under the FSA are consistent with those will be performed in the manner seen as declaration for the seed, that new of the Association of Official Seed necessary by the commenter. Seed declaration must include a statement Analysts (AOSA) and the Association of samples drawn in Canada pursuant to that no part of the seed will be used for American Seed Control Officials’ the regulations in § 361.7 will be planting purposes, and the importer will ‘‘Recommended Uniform State Seed analyzed by the Canadian Food be bound to abide by the new Law’’ (RUSSL), as amended in July Inspection Agency or by a private seed declaration. Under § 304 of the FSA (7 1996. The RUSSL recommends that laboratory accredited by the Canadian State seed laws recognize the tolerances Food Inspection Agency, and the U.S.C. 1586), it is unlawful for any in AOSA’s ‘‘Rules for Testing Seeds.’’ Canadian Food Inspection Agency has person to sell or offer for sale any seed Also, within the framework of the informed APHIS that it will require or screenings for seeding (planting) General Agreement on Tariffs and Trade those laboratories testing seed for export purposes if the seed or screenings were and the North American Free Trade to the United States to test only imported for other than seeding Agreement, a quarantine action such as ‘‘officially recognized samples’’ as (planting) purposes. Any seed sold, that recommended by the commenter, defined by the Canada Seeds delivered for transportation in interstate i.e. prohibiting all weed seeds with no Regulations. Thus, the seed will have to commerce, or transported in interstate tolerances, is not appropriate for pests be drawn according to recognized or foreign commerce in violation of any that are widespread in the importing methods by an accredited grader, a of the provisions of the FSA would, country. All of the weeds for which we person licensed to operate an approved under § 405 of the FSA (7 U.S.C. 1595), allow tolerances are already established conditioner, or a person accredited by be subject to seizure. Further, § 406 of and widespread in the United States. an official certifying agency to sample the FSA (7 U.S.C. 1596) provides that Therefore, we have made no changes in seed. any person who knowingly violates any this final rule based on that comment. Comment: APHIS should require provision of the FSA or the regulations Comment: The list of noxious weeds sampling for seed imported for feeding shall be deemed guilty of a in § 361.6 does not include many purposes. Seed screenings are often misdemeanor and, upon conviction species of weeds that are prohibited in used as a component of feed and may thereof, shall pay a fine of $1,000 for the many States. This could result in a State contain a high percentage of viable first offense and a fine of not more than having to accept an imported lot of seed noxious weed seeds. There should be $2,000 for each subsequent offense. In that contains weed seeds that are limitations on viable noxious weed addition, if the importer intends to sell prohibited by that State but not by seeds in feed and some measure of the adulterated seed for planting regulations. The list of noxious weeds in sampling or monitoring. purposes but files a new declaration § 361.6 should be expanded to include Response: As we noted in the stating that the seed is to be used for noxious weed seed prohibited by States. proposed rule with regard to screenings, feed or manufacturing purposes merely Response: The commenter is correct the process usually used to produce to secure the release of the seed, the in noting that many States prohibit animal feed—i.e., an extrusion process importer could be subject to the weeds that are not included on the list that includes heating and pelletizing— provisions of 18 U.S.C. 1001, which of noxious weeds in § 361.6; it is also is sufficient to devitalize any live seed, provides, in part, that ‘‘Whoever, in any true, however, that the list in § 361.6 is which reduces to an insignificant level matter within the jurisdiction of any more restrictive than the noxious weed any risk that the feed would contain any department or agency of the United lists maintained by some other States. viable noxious weed seeds. We do not, States knowingly and willfully * ** Generally speaking, the weeds found in therefore, believe that it is necessary to makes any false, fictitious or fraudulent the list in § 361.6 are those weeds require sampling or monitoring for statements or representations, or makes prohibited most often by individual imported seed declared for feeding or uses any false writing or document States. Any State may inspect seed purposes. knowing the same to contain any false, shipments sold within its borders and Comment: When seed intended for fictitious or fraudulent statement or can issue a ‘‘stop sale’’ if a State planting purposes is imported and entry, shall be fined under this title or inspector finds weeds on the State’s found to be adulterated with noxious imprisoned not more than five years, or prohibited list. Further, the AMS’ weed seeds, the regulations would allow both.’’ 48458 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Comment: Section 361.3 contains traditionally been the role of the seed being satisfied; therefore, we have references to seed treated with exporter to maintain samples of seed replaced references to ‘‘supervision’’ mercurials. Is it not the case that from each lot shipped. with references to ‘‘monitoring’’ to more mercurial seed treatments were banned Response: As we noted in the clearly represent the role of APHIS several years ago? proposed rule, seed companies must inspectors participating in activities Response: With regard to the already retain records and samples to conducted in connection with the treatment of seeds with mercurials or comply with the AMS’ regulations regulations. similarly toxic substances, the scope of promulgated under the interstate Therefore, based on the rationale set the FSA and the regulations is limited provisions of the FSA, so we do not forth in the proposed rule and in this to requiring that such treated seed be believe that the recordkeeping document, we are adopting the properly labeled. Those labeling requirements of this rule place an provisions of the proposal as a final rule requirements, as noted by the additional burden on those companies. with the changes discussed in this commenter, are contained in § 361.3 of Further, even if exporters retain samples document. the regulations. However, because from lots of seed shipped to this Executive Order 12866 and Regulatory mercurials are harmful to humans and country, only the importer’s sample can Flexibility Act vertebrate animals, they would be be relied upon to accurately reflect the covered under the Food and Drug content of the seed lot that was actually This rule has been reviewed under Administration’s (FDA’s) regulations in received in the United States. Therefore, Executive Order 12866. The rule has 16 CFR 2.25(b), which state, in part, that we continue to believe that it is been determined to be not significant for the FDA ‘‘will regard as adulterated any necessary for importers to retain a seed purposes of Executive Order 12866 and, interstate shipment of the food seeds sample to provide a reference that therefore, has not been reviewed by the wheat, corn, oats, rye, barley, and would help APHIS to trace the source of Office of Management and Budget. sorghum bearing a poisonous treatment potential problems and monitor the We are amending the ‘‘Imported in excess of a recognized tolerance or efficacy of noxious weed examinations Seed’’ regulations by moving the treatment for which no tolerance or and cleaning. regulations to a different chapter in the exemption from tolerance is recognized Code of Federal Regulations, Other Changes in regulations promulgated pursuant to establishing a seed analysis program section 408 of the Federal Food, Drug, We have made a change to the with Canada, and allowing U.S. and Cosmetic Act, unless such seeds wording of the introductory text of companies that import seed for cleaning have been adequately denatured by a paragraph (a) in § 361.4, ‘‘Inspection at or screenings for processing to enter into suitable color to prevent their the port of first arrival.’’ In the proposed compliance agreements with APHIS. subsequent inadvertent use as food for rule, that paragraph stated that all With these changes, the regulations will man or feed for animals.’’ Thus, seeds agricultural seed, vegetable seed, and reflect recent amendments to the FSA deemed adulterated by the FDA would screenings offered for entry into the and the transfer of responsibility for the be subject to appropriate action by the United States shall be ‘‘subject to import provisions of the act from AMS FDA under its authority. inspection’’ at the port of first arrival. to APHIS, eliminate the need for Comment: Will APHIS monitor the Because the phrase ‘‘subject to sampling shipments of Canadian-origin Canadian seed testing laboratories that inspection’’ does not accurately seed at the border, and allow certain analyze the seed to be exported to the represent what must occur at the port of seed importers to clean seed with United States? What actions will be first arrival prior to seed and screenings, monitoring by an APHIS inspector. taken if APHIS finds that one of those or any other agricultural commodity, No economic impact will result from Canadian laboratories is conducting being released for entry into the United shifting the regulations to a different incorrect or incomplete analyses on States, we have changed that paragraph chapter in the Code of Federal seed to be exported to the United States? to make it clear that the seed or Regulations. However, the elimination Response: APHIS will take samples of screenings must be made available for of the requirement that shipments of Canadian-origin seed for monitoring examination by an inspector and must Canadian-origin seed be sampled at the purposes. If our test results do not agree remain at the port of first arrival until border will result in savings to APHIS. with those of the Canadian seed-testing released by an inspector. This rule will require that all shipments laboratory that analyzed the seed, we Similarly, we have changed those of Canadian-origin agricultural or will notify the Canadian Food sections of the regulations that refer to vegetable seed be accompanied by a Inspection Agency of the discrepancy an APHIS inspector’s ‘‘supervision’’ of certificate of analysis issued by the and cooperate with the Canadian Food certain activities, i.e., the destruction or Canadian Food Inspection Agency or by Inspection Agency in its investigation of cleaning of seed, the correction of the a private seed laboratory accredited by the cause of the discrepancy. If labeling on a lot of seed, the removal of the Canadian Food Inspection Agency; sampling or laboratory errors are found seed from containers, and the that certificate of analysis precludes the to have occurred, corrective action will enforcement of compliance agreements. need for sampling and testing those be initiated by the Canadian Food To state that an APHIS inspector will shipments of Canadian-origin seed. The Inspection Agency. Further, APHIS will ‘‘supervise’’ such activities may imply certificate of analysis will confirm the increase its monitoring of seed that the inspector is in a position of seed shipment meets the noxious weed shipments that have been analyzed by authority over the persons conducting tolerances and labeling requirements of the laboratory in question. such activities and is, therefore, the FSA and the regulations. Therefore, Comment: Section 361.9 of the responsible for all issues associated APHIS will no longer have to rely on proposed rule states that seed importers with the conduct of those activities, U.S. Customs Service inspectors at the must retain a seed sample from each lot even issues unrelated to the inspector’s Canadian border to draw samples from of imported seed for at least 1 year. This authority such as worker safety or shipments of imported seed and mail requirement is too burdensome and compliance with labor laws. The actual the seed samples to APHIS’’ Seed should be eliminated; such samples will role of an APHIS inspector in such Examination Facility (SEF) in Beltsville, not assist in the tracing or monitoring of situations is to ensure that the MD, for testing. Under the provisions of potential problems. In addition, it has requirements of APHIS’ regulations are this rule, the cost of the analysis and Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48459 subsequent certification will be borne will be necessary to ensure compliance certified prior to its entry into the by the owner or exporter of the seed, so with the conditions of the agreement. In United States. there will be a reduction in the fiscal year 1995, two companies in Under these circumstances, the sampling and testing costs currently Idaho imported a total of 48 lots of seed Administrator of the Animal and Plant borne by APHIS. We estimate that that required cleaning; APHIS employed Health Inspection Service has APHIS will save over $103,000 annually a contractor to monitor the cleaning of determined that this action will not in salary and related expenditures those adulterated seed lots. A company have a significant economic impact on associated with the testing of Canadian- operating under a compliance a substantial number of small entities. origin seed. agreement will not require monitoring Imports of field and garden seeds for every lot of seed imported for Executive Order 12988 from Canada represent 80 percent of cleaning, so we expect there will be an This rule has been reviewed under total U.S. seed imports; from 1992 to estimated $1,664 annual savings in 1994, imports of the regulated Executive Order 12988, Civil Justice salary and benefits as a result of seed- Reform. This rule: (1) Preempts all State agricultural and vegetable seeds from cleaning companies entering into Canada into the United States averaged and local laws and regulations that are compliance agreements with APHIS. inconsistent with this rule; (2) has no 107,270 tons per year, with an average In total, we expect an estimated value of $63.059 million. From fiscal retroactive effect; and (3) does not annual reduction of approximately require administrative proceedings year 1989 to fiscal year 1993, the $103,000 in the costs associated with number of seed shipments sampled before parties may file suit in court the sampling and testing of Canadian challenging this rule. increased from 2,451 to 3,615 shipments origin seed and the monitoring of seed per year, an increase of 47.5 percent; cleaning. Paperwork Reduction Act over the same period, SEF tested an This rule is expected to impact In accordance with the Paperwork average of 2,907 seed samples per year. exporters of Canadian-origin seed, the In fiscal years 1994 and 1995, Reduction Act of 1995 (44 U.S.C. 3501 majority of which—over 95 percent—are et seq.), the information collection or approximately 5,000 Canadian seed Canadian businesses. The cost of samples were tested. Only 3 percent of recordkeeping requirements included in obtaining a certificate of analysis from a Canadian seed shipments were refused this proposed rule have been approved Canadian government or private admission for noxious weed content. by the Office of Management and This final rule’s requirement that laboratory is estimated to range from Budget (OMB) under OMB control Canadian-origin seed be certified prior $13.00 to $58.00 per lot, depending on number 0579–0124. to import into the United States will the type of seed to be analyzed, or an Regulatory Reform eliminate the need for the routine average of $35 per lot. The cost is the same regardless of the size of the lot, testing of Canadian-origin seed and thus This action is part of the President’s which can range from 50 to 50,000 eliminate the costs associated with that Regulatory Reform Initiative, which, pounds. Based upon fiscal year 1995 testing. Without the certificate among other things, directs agencies to figures, there are approximately 6,000 requirement, the SEF botanist spent remove obsolete and unnecessary seed shipments per year from Canada approximately 90 percent of his time regulations and to find less burdensome that will require certification as a testing Canadian-origin seed for noxious ways to achieve regulatory goals. weed seeds, while his assistant spent condition of importation into the United about 50 percent of his time on this task. States. For the majority of shipments, List of Subjects the cost of the certification does not In terms of salaries and benefits, the 7 CFR Part 201 costs associated with the SEF’s testing represent an additional expense because of Canadian seed are estimated to much of the seed is likely to have been Advertising, Agricultural exceed $100,000 annually. With the tested anyway to meet the requirements commodities, Imports, Labeling, certificate requirement for Canadian of the exporting company’s contracts Reporting and recordkeeping seed in place, the time and costs spent with its importing customers. requirements, Seeds, Vegetables. Nevertheless, the cost of a certificate is on testing Canadian seed may be shifted 7 CFR Part 361 into the SEF’s other areas of small in comparison to the average responsibility. value of a seed shipment (which is Agricultural commodities, Imports, This rule will also result in savings in typically worth thousands of dollars) Labeling, Quarantine, Reporting and salary for the time spent by APHIS or and will not, therefore, impose a recordkeeping requirements, Seeds, State inspectors monitoring the cleaning significant economic burden on Vegetables, Weeds. of seed lots refused admission due to Canadian seed exporters, large or small. noxious weed seed content. In fiscal For this reason, any cost that is passed Accordingly, title 7, chapters I and III, year 1995, 61 seed shipments were on to U.S. buyers of Canadian seed is of the Code of Federal Regulations are refused entry due to noxious weed seed likewise estimated to be small. amended as follows: content above tolerances. An inspector Less than 2 percent of the Canadian PART 201ÐFEDERAL SEED ACT spends an average of about 4 hours seed imported into the United States is REGULATIONS monitoring the cleaning of each refused imported through transactions between shipment. The savings in the inspector’s Canadian seed exporters and individual 1. The authority citation for part 201 monitoring time in this activity is U.S. farms. (Individual farms located continues to read as follows: estimated as $1,262. near the U.S.-Canadian border typically This rule also allows companies that import small amounts of Canadian seed Authority: 7 U.S.C. 1592. import uncleaned seed for to be used directly on farms.) While the reconditioning and resale to enter into exact number of these entities is not § 201.38 [Amended] a compliance agreement with APHIS, known, it is expected that the impact to 2. Section 201.38 is amended by which will likely yield a savings to these individuals will be small because removing the words ‘‘§§ 201.208 and APHIS in inspection time since only seed sold in such small quantities is, in 201.209’’ and adding the words ‘‘§ 361.4 periodic inspections of these companies almost all cases, already analyzed and of this title’’ in their place. 48460 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

§§ 201.101 through 201.230 [Removed] Bluegrass, Kentucky—Poa pratensis L. Crested dogtail—Cynosurus cristatus L. 3. In 7 CFR part 201, §§ 201.101 Bluegrass, Nevada—Poa secunda J.S. Presl Crotalaria, lance—Crotalaria lanceolata E. through 201.230 are removed. Bluegrass, rough—Poa trivialis L. Mey. 4. A new 7 CFR part 361 is added to Bluegrass, Texas—Poa arachnifera Torr. Crotalaria, showy—Crotalaria spectabilis Bluegrass, wood—Poa nemoralis L. Roth read as follows: Bluejoint—Calamagrostis canadensis Crotalaria, slenderleaf—Crotalaria brevidens Benth. var. intermedia (Kotschy) Polh. PART 361ÐIMPORTATION OF SEED (Michx.) P. Beauv. Bluestem, big—Andropogon gerardii Vitm. Crotalaria, striped or smooth—Crotalaria AND SCREENINGS UNDER THE var. gerardii pallida Ait. FEDERAL SEED ACT Bluestem, little—Schizachyrium scoparium Crotalaria, sunn—Crotalaria juncea L. (Michx.) Nash Crownvetch—Coronilla varia L. Sec. Bluestem, sand—Andropogon hallii Hack. Dallisgrass—Paspalum dilatatum Poir. 361.1 Definitions. Bluestem, yellow—Bothriochloa ischaemum Dichondra—Dichondra repens Forst. and 361.2 General restrictions on the (L.) Keng Forst. f. importation of seed and screenings. Bottlebrush-squirreltail—Elymus elymoides Dropseed, sand—Sporobolus cryptandrus 361.3 Declarations and labeling. (Raf.) Swezey (Torr.) A. Gray 361.4 Inspection at the port of first arrival. Brome, field—Bromus arvensis L. Emmer—Triticum dicoccon Schrank 361.5 Sampling of seeds. Brome, meadow—Bromus biebersteinii Fescue, chewings—Festuca rubra L. subsp. 361.6 Noxious weed seeds. Roem. and Schult. commutata Gaud. 361.7 Special provisions for Canadian- Brome, mountain—Bromus marginatus Fescue, hair—Festuca tenuifolia Sibth. origin seed and screenings. Steud. Fescue, hard—Festuca brevipila Tracey 361.8 Cleaning of imported seed and Brome, smooth—Bromus inermis Leyss. Fescue, meadow—Festuca pratensis Huds. processing of certain Canadian-origin Broomcorn—Sorghum bicolor (L.) Moench Fescue, red—Festuca rubra L. subsp. rubra screenings. Buckwheat—Fagopyrum esculentum Moench Fescue, sheep—Festuca ovina L. var. ovina 361.9 Recordkeeping. Buffalograss—Buchloe dactyloides (Nutt.) Fescue, tall—Festuca arundinacea Schreb. 361.10 Costs and charges. Engelm. Flax—Linum usitatissimum L. Authority: 7 U.S.C. 1581–1610; 7 CFR 2.22, Buffelgrass—Cenchrus ciliaris L. Galletagrass—Hilaria jamesii (Torr.) Benth. 2.80, and 371.2(c). Burclover, California—Medicago polymorpha Grama, blue—Bouteloua gracilis (Kunth) L. Steud. § 361.1 Definitions. Burclover, spotted—Medicago arabica (L.) Grama, side-oats—Bouteloua curtipendula Huds. (Michx.) Torr. Terms used in the singular form in Guar—Cyamopsis tetragonoloba (L.) Taub. Burnet, little—Sanguisorba minor Scop. this part shall be construed as the Guineagrass—Panicum maximum Jacq. var. Buttonclover—Medicago orbicularis (L.) plural, and vice versa, as the case may maximum Bartal. Hardinggrass—Phalaris stenoptera Hack. demand. The following terms, when Canarygrass—Phalaris canariensis L. Hemp—Cannabis sativa L. used in this part, shall be construed, Canarygrass, reed—Phalaris arundinacea L. respectively, to mean: Indiangrass, yellow—Sorghastrum nutans Carpetgrass—Axonopus fissifolius (Raddi) (L.) Nash Administrator. The Administrator of Kuhlm. the Animal and Plant Health Inspection Indigo, hairy—Indigofera hirsuta L. Castorbean—Ricinus communis L. Japanese lawngrass—Zoysia japonica Steud. Service, U.S. Department of Agriculture, Chess, soft—Bromus hordeaceus L. Johnsongrass—Sorghum halepense (L.) Pers. or any other individual to whom the Chickpea—Cicer arietinum L. Kenaf—Hibiscus cannabinus L. Administrator delegates authority to act Clover, alsike—Trifolium hybridum L. Kochia, forage—Kochia prostrata (L.) Schrad. in his or her stead. Clover, arrowleaf—Trifolium vesiculosum Kudzu—Pueraria montana (Lour.) Merr. var. Agricultural seed. The following Savi lobata (Willd.) Maesen and S. Almeida kinds and varieties of grass, forage, and Clover, berseem—Trifolium alexandrinum L. Lentil—Lens culinaris Medik. Clover, cluster—Trifolium glomeratum L. Lespedeza, Korean—Kummerowia stipulacea field crop seed that are used for seeding Clover, crimson—Trifolium incarnatum L. purposes in the United States: (Maxim.) Makino Clover, Kenya—Trifolium semipilosum Lespedeza, sericea or Chinese—Lespedeza Agrotricum—x Agrotriticum Ciferri and Fresen. cuneata (Dum.-Cours.) G. Don Giacom. Clover, ladino—Trifolium repens L. Lespedeza, Siberian—Lespedeza juncea (L. f.) Alfalfa—Medicago sativa L. Clover, lappa—Trifolium lappaceum L. Pers. Alfilaria—Erodium cicutarium (L.) L’Her. Clover, large hop—Trifolium campestre Lespedeza, striate—Kummerowia striata Alyceclover—Alysicarpus vaginalis (L.) DC. Schreb. (Thunb.) Schindler Bahiagrass—Paspalum notatum Fluegge Clover, Persian—Trifolium resupinatum L. Lovegrass, sand—Eragrostis trichodes (Nutt.) Barley—Hordeum vulgare L. Clover, red or Wood Barrelclover—Medicago truncatula Gaertn. Red clover, mammoth—Trifolium pratense Lovegrass, weeping—Eragrostis curvula Bean, adzuki—Vigna angularis (Willd.) Ohwi L. (Schrad.) Nees and Ohashi Red clover, medium—Trifolium pratense Lupine, blue—Lupinus angustifolius L. Bean, field—Phaseolus vulgaris L. L. Lupine, white—Lupinus albus L. Bean, mung—Vigna radiata (L.) Wilczek Clover, rose—Trifolium hirtum All. Lupine, yellow—Lupinus luteus L. Beet, field—Beta vulgaris L. subsp. vulgaris Clover, small hop or suckling—Trifolium Manilagrass—Zoysia matrella (L.) Merr. Beet, sugar—Beta vulgaris L. subsp. vulgaris dubium Sibth. Meadow foxtail—Alopecurus pratensis L. Beggarweed, Florida—Desmodium tortuosum Clover, strawberry—Trifolium fragiferum L. Medic, black—Medicago lupulina L. (Sw.) DC. Clover, sub or subterranean—Trifolium Milkvetch or cicer milkvetch—Astragalus Bentgrass, colonial—Agrostis capillaris L. subterraneum L. cicer L. Bentgrass, creeping—Agrostis stolonifera L. Clover, white—Trifolium repens L. (also see Millet, browntop—Brachiaria ramosa (L.) var. palustris (Huds.) Farw. Clover, ladino) Stapf Bentgrass, velvet—Agrostis canina L. Clover—(also see Alyceclover, Burclover, Millet, foxtail—Setaria italica (L.) Beauv. Bermudagrass—Cynodon dactylon (L.) Pers. Buttonclover, Sourclover, Millet, Japanese—Echinochloa frumentacea var. dactylon Sweetclover) Link Bermudagrass, giant—Cynodon dactylon (L.) Corn, field—Zea mays L. Millet, pearl—Pennisetum glaucum (L.) R. Br. Pers. var. aridus Harlan and de Wet Corn, pop—Zea mays L. Millet, proso—Panicum miliaceum L. Bluegrass, annual—Poa annua L. Cotton—Gossypium spp. Molassesgrass—Melinis minutiflora Beauv. Bluegrass, bulbous—Poa bulbosa L. Cowpea—Vigna unguiculata (L.) Walp. Mustard, black—Brassica nigra (L.) Koch Bluegrass, Canada—Poa compressa L. subsp. unguiculata Mustard, India—Brassica juncea (L.) Czernj. Bluegrass, glaucantha—Poa glauca Vahl Crambe—Crambe abyssinica R.E. Fries and Coss. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48461

Mustard, white—Sinapis alba L. Vaseygrass—Paspalum urvillei Steud. generation seed of a cross produced by Napiergrass—Pennisetum purpureum Veldtgrass—Ehrharta calycina J.E. Smith controlling the pollination and by Schumach. Velvetbean—Mucuna pruriens (L.) DC. var. combining two or more inbred lines; Needlegrass, green—Stipa viridula Trin. utilis (Wight) Burck Oat—Avena byzantina C. Koch, A. sativa L., Velvetgrass—Holcus lanatus L. one inbred or a single cross with an A. nuda L. Vetch, common—Vicia sativa L. subsp. sativa open-pollinated variety; or two selected Oatgrass, tall—Arrhenatherum elatius (L.) Vetch, hairy—Vicia villosa Roth subsp. clones, seed lines, varieties, or species. J.S. Presl and K.B. Presl villosa ‘‘Controlling the pollination’’ means to Orchardgrass—Dactylis glomerata L. Vetch, Hungarian—Vicia pannonica Crantz use a method of hybridization that will Panicgrass, blue—Panicum antidotale Retz. Vetch, monantha—Vicia articulata Hornem. produce pure seed that is at least 75 Panicgrass, green—Panicum maximum Jacq. Vetch, narrowleaf or blackpod—Vicia sativa percent hybrid seed. Hybrid var. trichoglume Robyns L. subsp. nigra (L.) Ehrh. designations shall be treated as variety Pea, field—Pisum sativum L. Vetch, purple—Vicia benghalensis L. Peanut—Arachis hypogaea L. Vetch, woollypod or winter—Vicia villosa names. Poa trivialis—(see Bluegrass, rough) Roth subsp. varia (Host) Corb. Import/importation. To bring into the Rape, annual—Brassica napus L. var. annua Wheat, common—Triticum aestivum L. territorial limits of the United States. Koch Wheat, club—Triticum compactum Host Kind. One or more related species or Rape, bird—Brassica rapa L. subsp. rapa Wheat, durum—Triticum durum Desf. subspecies that singly or collectively is Rape, turnip—Brassica rapa L. subsp. Wheat, Polish—Triticum polonicum L. known by one common name, e.g., silvestris (Lam.) Janchen Wheat, poulard—Triticum turgidum L. soybean, flax, or carrot. Rape, winter—Brassica napus L. var. biennis Wheat x Agrotricum—Triticum x Lot of seed. A definite quantity of (Schubl. and Mart.) Reichb. Agrotriticum Redtop—Agrostis gigantea Roth Wheatgrass, beardless—Pseudoroegneria seed identified by a lot number, every Rescuegrass—Bromus catharticus Vahl spicata (Pursh) A. Love portion or bag of which is uniform, Rhodesgrass—Chloris gayana Kunth Wheatgrass, crested or fairway crested— within permitted tolerances, for the Rice—Oryza sativa L. Agropyron cristatum (L.) Gaertn. factors that appear in the labeling. Ricegrass, Indian—Oryzopsis hymenoides Wheatgrass, crested or standard crested— Mixture. Seeds consisting of more (Roem. and Schult.) Ricker Agropyron desertorum (Link) Schult. than one kind or variety, each present Roughpea—Lathyrus hirsutus L. Wheatgrass, intermediate—Elytrigia in excess of 5 percent of the whole. Rye—Secale cereale L. intermedia (Host) Nevski subsp. Rye, mountain—Secale strictum (K.B. Presl) intermedia Official seed laboratory. An official K.B. Presl subsp. strictum Wheatgrass, pubescent—Elytrigia intermedia laboratory member of the Association of Ryegrass, annual or Italian—Lolium (Host) Nevski subsp. intermedia Official Seed Analysts. multiflorum Lam. Wheatgrass, Siberian—Agropyron fragile Pelleted seed. Any seed unit covered Ryegrass, intermediate—Lolium x hybridum (Roth) Candargy subsp. sibiricum (Willd.) with a substance that changes the size, Hausskn. Meld. shape, or weight of the original seed in Ryegrass, perennial—Lolium perenne L. Wheatgrass, slender—Elymus trachycaulus Ryegrass, Wimmera—Lolium rigidum Gaud. order to improve the plantability or (Link) Shinn. singulation of the seed. Safflower—Carthamus tinctorius L. Wheatgrass, streambank—Elymus Sagewort, Louisiana—Artemisia ludoviciana lanceolatus (Scribn. and J.G. Smith) Gould Person. Any individual, partnership, Nutt. subsp. lanceolatus corporation, company, society, Sainfoin—Onobrychis viciifolia Scop. Wheatgrass, tall—Elytrigia elongata (Host) association, receiver, trustee, or other Saltbush, fourwing—Atriplex canescens Nevski legal entity or organized group. (Pursh) Nutt. Wheatgrass, western—Pascopyrum smithii Port of first arrival. The land area Sesame—Sesamum indicum L. (Rydb.) A. Love (such as a seaport, airport, or land Sesbania—Sesbania exaltata (Raf.) A.W. Hill Wildrye, basin—Leymus cinereus (Scribn. Smilo—Piptatherum miliaceum (L.) Coss. border station) where a person, or a and Merr.) A. Love land, water, or air vehicle, first arrives Sorghum—Sorghum bicolor (L.) Moench Wildrye, Canada—Elymus canadensis L. Sorghum almum—Sorghum x almum L. Wildrye, Russian—Psathyrostachys juncea after entering the territorial limits of the Parodi (Fisch.) Nevski United States, and where inspection of Sorghum-sudangrass—Sorghum x Zoysia japonica—(see Japanese lawngrass) articles is carried out by APHIS drummondii (Steud.) Millsp. and Chase Zoysia matrella—(see Manilagrass) inspectors. Sorgrass—Rhizomatous derivatives of a Animal and Plant Health Inspection Registered seed technologist. A johnsongrass x sorghum cross or a registered member of the Society of johnsongrass x sudangrass cross Service (APHIS). The Animal and Plant Southernpea—(See Cowpea) Health Inspection Service of the U.S. Commercial Seed Technologists. Sourclover—Melilotus indicus (L.) All. Department of Agriculture. Screenings. Chaff, sterile florets, Soybean—Glycine max (L.) Merr. APHIS inspector. Any employee of immature seed, weed seed, inert matter, Spelt—Triticum spelta L. the Animal and Plant Health Inspection and any other materials removed in any Sudangrass—Sorghum x drummondii Service or any other individual way from any seeds in any kind of (Steud.) Millsp. and Chase cleaning or processing and which Sunflower—Helianthus annuus L. authorized by the Administrator to enforce this part. contains less than 25 percent of live Sweetclover, white—Melilotus albus Medik. agricultural or vegetable seeds. Sweetclover, yellow—Melilotus officinalis Coated Seed. Any seed unit covered Lam. with any substance that changes the State. Any State, the District of Sweet vernalgrass—Anthoxanthum size, shape, or weight of the original Columbia, American Samoa, Guam, the odoratum L. seed. Seeds coated with ingredients Northern Mariana Islands, Puerto Rico, Sweetvetch, northern—Hedysarum boreale such as, but not limited to, rhizobia, the Virgin Islands of the United States, Nutt. dyes, and pesticides are excluded. and any other territory or possession of Switchgrass—Panicum virgatum L. Declaration. A written statement of a the United States. Timothy—Phleum pratense L. grower, shipper, processor, dealer, or United States. All of the States. Timothy, turf—Phleum bertolonii DC. Variety. A subdivision of a kind Tobacco—Nicotiana tabacum L. importer giving for any lot of seed the Trefoil, big—Lotus uliginosus Schk. kind, variety, type, origin, or the use for which is characterized by growth, plant, Trefoil, birdsfoot—Lotus corniculatus L. which the seed is intended. fruit, seed, or other characteristics by Triticale—x Triticosecale Wittm. (Secale x Hybrid. When applied to kinds or which it can be differentiated from other Triticum) varieties of seed means the first sorts of the same kind. 48462 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Vegetable seed. The seed of the Mustard, spinach—Brassica perviridis accompanied by a declaration from the following kinds and varieties that are or (Bailey) Bailey importer of the seed or screenings. The may be grown in gardens or on truck Okra—Abelmoschus esculentus (L.) Moench declaration must state the kind, variety, farms and are or may be generally Onion—Allium cepa L. and origin of each lot of seed or Onion, Welsh—Allium fistulosum L. known and sold under the name of Pak-choi—Brassica rapa L. subsp. chinensis screenings and the use for which the vegetable seed: (L.) Hanelt seed or screenings are being imported. Artichoke—Cynara cardunculus L. subsp. Parsley—Petroselinum crispum (Mill.) A.W. (b) Each container of agricultural seed cardunculus Hill and vegetable seed imported into the Asparagus—Asparagus officinalis Baker Parsnip—Pastinaca sativa L. United States for seeding (planting) Asparagusbean or yard-long bean—Vigna Pea—Pisum sativum L. purposes must be labeled to indicate the unguiculata (L.) Walp. subsp. Pepper—Capsicum spp. identification code or designation for sesquipedalis (L.) Verdc. Pe-tsai—(see Chinese cabbage). the lot of seed; the name of each kind Bean, garden—Phaseolus vulgaris L. Pumpkin—Cucurbita pepo L., C. moschata or kind and variety of agricultural seed (Duchesne) Poiret, and C. maxima Bean, lima—Phaseolus lunatus L. or the name of each kind and variety of Bean, runner or scarlet runner—Phaseolus Duchesne coccineus L. Radish—Raphanus sativus L. vegetable seed present in the lot in Beet—Beta vulgaris L. subsp. vulgaris Rhubarb—Rheum rhabarbarum L. excess of 5 percent of the whole; and the Broadbean—Vicia faba L. Rutabaga—Brassica napus L. var. designation ‘‘hybrid’’ when the lot Broccoli—Brassica oleracea L. var. botrytis L. napobrassica (L.) Reichb. contains hybrid seed. Kind and variety Brussels sprouts—Brassica oleracea L. var. Sage—Salvia officinalis L. names used on the label shall conform gemmifera DC. Salsify—Tragopogon porrifolius L. to the kind and variety names used in Burdock, great—Arctium lappa L. Savory, summer—Satureja hortensis L. the definitions of ‘‘agricultural seed’’ Sorrel—Rumex acetosa L. Cabbage—Brassica oleracea L. var. capitata and ‘‘vegetable seed’’ in § 361.1. If any L. Southernpea—(see Cowpea). Cabbage, Chinese—Brassica rapa L. subsp. Soybean—Glycine max (L.) Merr. seed in the lot has been treated, each pekinensis (Lour.) Hanelt Spinach—Spinacia oleracea L. container must be further labeled, in Cabbage, tronchuda—Brassica oleracea L. Spinach, New Zealand—Tetragonia type no smaller than 8 point, as follows: var. costata DC. tetragonioides (Pall.) Ktze. (1) The label must indicate that the Cantaloupe—(see Melon) Squash—Cucurbita pepo L., C. moschata seed has been treated and provide the Cardoon—Cynara cardunculus L. subsp. (Duchesne) Poiret, and C. maxima name of the substance or process used cardunculus Duchesne to treat the seed. Substance names used Carrot—Daucus carota L. subsp. sativus Tomato—Lycopersicon esculentum Mill. on the label shall be the commonly (Hoffm.) Arcang. Tomato, husk—Physalis pubescens L. accepted coined, chemical (generic), or Cauliflower—Brassica oleracea L. var. Turnip—Brassica rapa L. subsp. rapa botrytis L. Watermelon—Citrullus lanatus (Thunb.) abbreviated chemical name. Celeriac—Apium graveolens L. var. Matsum. and Nakai var. lanatus (i) Commonly accepted coined names rapaceum (Mill.) Gaud. are commonly recognized as names of Celery—Apium graveolens L. var. dulce § 361.2 General restrictions on the particular substances, e.g., thiram, (Mill.) Pers. importation of seed and screenings. captan, lindane, and dichlone. Chard, Swiss—Beta vulgaris L. subsp. cicla (a) No person shall import any (ii) Examples of commonly accepted (L.) Koch agricultural seed, vegetable seed, or chemical (generic) names are blue-stone, Chicory—Cichorium intybus L. screenings into the United States unless calcium carbonate, cuprous oxide, zinc Chives—Allium schoenoprasum L. the importation is in compliance with hydroxide, hexachlorobenzene, and Citron—Citrullus lanatus (Thunb.) Matsum. this part. ethyl mercury acetate. The terms and Nakai var. citroides (Bailey) Mansf. (b) Any agricultural seed, vegetable Collards—Brassica oleracea L. var. acephala ‘‘mercury’’ or ‘‘mercurial’’ may be used DC. seed, or screenings imported into the in labeling all types of mercurials. Corn, sweet—Zea mays L. United States not in compliance with (iii) Examples of commonly accepted Cornsalad—Valerianella locusta (L.) this part shall be subject to exportation, abbreviated chemical names are BHC Laterrade destruction, disposal, or any remedial (1,2,3,4,5,6-Hexachlorocyclohexane) Cowpea—Vigna unguiculata (L.) Walp. measures that the Administrator and DDT (dichloro diphenyl subsp. unguiculata determines are necessary to prevent the trichloroethane). Cress, garden—Lepidium sativum L. dissemination into the United States of (2) If the seed has been treated with Cress, upland—Barbarea verna (Mill.) Asch. noxious weeds. a mercurial or similarly toxic substance Cress, water—Rorippa nasturtium-aquaticum (c) Except as provided in § 361.7(b), harmful to humans and vertebrate (L.) Hayek coated or pelleted seed may enter the animals, the label must include a Cucumber—Cucumis sativus L. Dandelion—Taraxacum officinale Wigg. United States only if each lot of seed is representation of a skull and crossbones Dill—Anethum graveolens L. accompanied by an officially drawn and and a statement indicating that the seed Eggplant—Solanum melongena L. sealed sample of seed drawn from the has been treated with poison. The skull Endive—Cichorium endivia L. lot before the seed was coated or and crossbones must be at least twice Gherkin, West India—Cucumis anguria L. pelleted. The sample must be drawn in the size of the type used for the Kale—Brassica oleracea L. var. acephala DC. a manner consistent with that described information provided on the label, and Kale, Chinese—Brassica oleracea L. var. in § 361.5 of this part. the poison warning statement must be alboglabra (Bailey) Musil (d) Except as provided in written in red letters on a background of Kale, Siberian—Brassica napus L. var. §§ 361.4(a)(3) and 361.7(c), screenings of distinctly contrasting color. Mercurials pabularia (DC.) Reichb. Kohlrabi—Brassica oleracea L. var. all agricultural seed and vegetable seed and similarly toxic substances include gongylodes L. are prohibited entry into the United the following: Leek—Allium porrum L. States. Aldrin, technical Lettuce—Lactuca sativa L. § 361.3 Declarations and labeling. Demeton Melon—Cucumis melo L. Dieldrin Muskmelon—(see Melon). (a) All lots of agricultural seed, p-Dimethylaminobenzenediazo sodium Mustard, India—Brassica juncea (L.) Czernj. vegetable seed, and screenings imported sulfonate and Coss. into the United States must be Endrin Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48463

Ethion § 361.4 Inspection at the port of first (b) Except as provided in Heptachlor arrival. §§ 361.5(a)(2) and 361.7, samples will be Mercurials, all types (a) All agricultural seed, vegetable taken from all agricultural seed and Parathion seed, and screenings imported into the vegetable seed imported into the United Phorate Toxaphene United States shall be made available States for seeding (planting) purposes O-O-Diethyl-O-(isopropyl-4-methyl-6- for examination by an APHIS inspector prior to being released into the pyrimidyl) thiophosphate at the port of first arrival and shall commerce of the United States. O,O-Diethyl-S-2-(ethylthio) ethyl remain at the port of first arrival until (1) Samples of seed will be taken from phosphorodithioate released by an APHIS inspector. Lots of each lot of seed in accordance with (3) If the seed has been treated with agricultural seed, vegetable seed, or § 361.5 to determine whether any seeds a substance other than one classified as screenings may enter the United States of noxious weeds listed in § 361.6(a) are a mercurial or similarly toxic substance without meeting the sampling present. If seeds of noxious weeds are under paragraph (b)(2) of this section, requirements of paragraph (b) of this present at a level higher than the and the amount remaining with the seed section if the lot is: tolerances set forth in § 361.6(b), the lot is harmful to humans or other vertebrate (1) Seed that is not being imported for of seed will be deemed to be adulterated animals, the label must indicate that the seeding (planting) purposes and the and will be rejected for entry into the seed is not to be used for food, feed, or declaration required by § 361.3(a) states United States for seeding (planting) oil purposes. Any amount of any the purpose for which the seed is being purposes. Once deemed adulterated, the substance used to treat the seed that imported; lot of seed must be: (i) Exported from the United States; remains with the seed will be (2) Seed that is being shipped in bond (ii) Destroyed under the monitoring of considered harmful when the seed is in through the United States; an APHIS inspector; containers of more than 4 ounces, (3) Screenings from seeds of wheat, oats, barley, rye, buckwheat, field corn, (iii) Cleaned under APHIS monitoring except that the following substances at a seed-cleaning facility that is will not be deemed harmful when sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, field peas, or field operated in accordance with § 361.8(a); present at a rate less than the number of or parts per million (p/m) indicated: beans that are not being imported for seeding (planting) purposes and the (iv) If the lot of seed is adulterated Allethrin—2 p/m declaration accompanying the with the seeds of a noxious weed listed Malathion—8 p/m screenings as required under § 361.2(a) in § 361.6(a)(2), the seed may be allowed Methoxyclor—2 p/m entry into the United States for feeding Piperonyl butoxide—20 p/m (8 p/m on oat indicates that the screenings are being imported for processing or or manufacturing purposes, provided and sorghum) the importer withdraws the original Pyrethrins—3 p/m (1 p/m on oat and manufacturing purposes; sorghum) (4) Seed that is being imported for declaration and files a new declaration stating that the seed is being imported (c) In the case of seed in bulk, the sowing for experimental or breeding purposes, is not for sale, is limited in for feeding or manufacturing purposes information required under paragraph and that no part of the seed will be used (b) of this section shall appear in the quantity to the amount indicated in column 3 of table 1 of § 361.5, and is for seeding (planting) purposes. invoice or other records accompanying (2) Seed deemed adulterated may not accompanied by a declaration stating and pertaining to such seed. If the seed be mixed with any other seed unless the the purpose for which it is being is in containers and in quantities of Administrator determines that two or imported (seed imported for increase 20,000 pounds or more, regardless of the more lots of seed deemed adulterated purposes only will not be considered as number of lots included, the are of substantially the same quality and being imported for experimental or information required on each container origin. In such cases, the Administrator breeding purposes); or under paragraph (b) of this section need may allow the adulterated lots of seed (5) Seed that was grown in the United not be shown on each container if each to be mixed for cleaning as provided in States, exported, and is now returning to container has stenciled upon it or bears paragraph (b)(1)(iii) of this section. the United States, provided that the a label containing a lot designation and (3) If the labeling of a lot of seed is person importing the seed into the the invoice or other records false or misleading in any respect, the United States furnishes APHIS with the accompanying and pertaining to such seed will be rejected for entry into the following documentation: seed bear the various statements United States. A falsely labeled lot of required for the respective seeds. (i) Export documents indicating the seed must be: (d) Each container of agricultural seed quantity of seed and number of (i) Exported from the United States; and vegetable seed imported into the containers, the date of exportation from (ii) Destroyed under the monitoring of United States for cleaning need not be the United States, the distinguishing an APHIS inspector; or labeled to show the information marks on the containers at the time of (iii) The seed may be allowed entry required under paragraph (b) of this exportation, and the name and address into the United States if the labeling is section if: of the United States exporter; corrected under the monitoring of an (1) The seed is in bulk; (ii) A document issued by a Customs APHIS inspector to accurately reflect (2) The seed is in containers and in or other government official of the the character of the lot of seed. quantities of 20,000 pounds or more, country to which the seed was exported regardless of the number of lots indicating that the seed was not § 361.5 Sampling of seeds. involved, and the invoice or other admitted into the commerce of that (a) Sample sizes. As provided in records accompanying and pertaining to country; and § 361.4(b), samples of seed will be taken the seed show that the seed is for (iii) A document issued by a Customs from each lot of seed being imported for cleaning; or or other government official of the seeding (planting) purposes to (3) The seed is in containers and in country to which the seed was exported determine whether any seeds of noxious quantities of less than 20,000 pounds, indicating that the seed was not weeds listed in § 361.6(a) are present. and each container carries a label that commingled with other seed after being The samples shall be drawn in the bears the words ‘‘Seed for cleaning.’’ exported to that country. manner described in paragraphs (b) and 48464 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

(c) of this section. Unused portions of section. If the lot of seed is a mixture, (A) Multiply the percentage of each samples of rare or expensive seeds will the following methods shall be used to component of the mixture (rounded off be returned by APHIS upon request of determine the weight of the working to the nearest whole number) by the the importer. sample: sample sizes shown in column 1 of table (1) A minimum sample of not less (i) If the lot of seed is a mixture 1 of this section; than 1 quart shall be drawn from each consisting of one predominant kind of (B) add all these products; lot of agricultural seed; a minimum seed or a group of kinds of similar size, (C) total the percentages of all sample of not less than 1 pint shall be the weight of the working sample shall components of the mixtures; and drawn from each lot of vegetable seed, be the weight shown in column 1 of (D) divide the sum in paragraph except that a sample of 1⁄4 pint will be table 1 of this section for the kind or sufficient for a vegetable seed (a)(1)(ii)(B) of this section by the total in importation of 5 pounds or less. The group of kinds that comprises more than paragraph (a)(1)(ii)(C) of this section. minimum sample shall be divided 50 percent of the sample. (2) It is not ordinarily practical to repeatedly until a working sample of (ii) If the lot of seed is a mixture sample and test small lots of seed proper weight has been obtained. If a consisting of two or more kinds or offered for entry. The maximum sizes of mechanical divider cannot be used or is groups of kinds of different sizes, none lots of each kind of seed not ordinarily not available, the sample shall be of which comprises over 50 percent of sampled are shown in column 2 of table thoroughly mixed, then placed in a pile; the sample, the weight of the working 1 of this section. the pile shall be divided repeatedly into sample shall be the weighted average (to (3) The maximum sizes of lots of each halves until a working sample of the the nearest half gram) of the weight kind of seed allowed entry without proper weight remains. The weights of shown in column 1 of table 1 of this sampling for sowing for experimental or the working samples for noxious weed section for each of the kinds that breeding purposes as provided in examination for each lot of seed are comprise the sample, as determined by § 361.4(a)(4) are shown in column 3 of shown in column 1 of table 1 of this the following method: table 1 of this section.

TABLE 1

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

VEGETABLE SEED: Artichoke ...... 500 25 50 Asparagus ...... 500 25 50 Asparagusbean ...... 500 25 50 Bean ...... 25 200 Garden ...... 500 100 500 Lima ...... 500 25 200 Runner ...... 500 25 200 Beet ...... 300 25 50 Broadbean ...... 500 25 200 Broccoli ...... 50 5 10 Brussels sprouts ...... 50 5 10 Burdock, great ...... 150 10 50 Cabbage ...... 50 5 10 Cabbage, Chinese ...... 50 5 10 Cabbage, tronchuda ...... 100 5 10 Cantaloupe (see Melon) ...... Cardoon ...... 500 25 50 Carrot ...... 50 5 10 Cauliflower ...... 50 5 10 Celeriac ...... 25 5 10 Celery ...... 25 5 10 Chard, Swiss ...... 300 25 50 Chicory ...... 50 5 10 Chives ...... 50 5 10 Citron ...... 500 25 50 Collards ...... 50 5 10 Corn, sweet ...... 500 25 200 Cornsalad ...... 50 5 10 Cowpea ...... 500 25 200 Cress, garden ...... 50 5 10 Cress, upland ...... 35 5 10 Cress, water ...... 25 5 10 Cucumber ...... 500 25 50 Dandelion ...... 35 5 10 Dill ...... 50 5 10 Eggplant ...... 50 5 10 Endive ...... 50 5 10 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48465

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Gherkin, West India ...... 160 25 50 Kale ...... 50 5 10 Kale, Chinese ...... 50 5 10 Kale, Siberian ...... 80 5 10 Kohlrabi ...... 50 5 10 Leek ...... 50 5 10 Lettuce ...... 50 5 10 Melon ...... 500 25 50 Mustard, India ...... 50 25 100 Mustard, spinach ...... 50 5 10 Okra ...... 500 25 50 Onion ...... 50 5 10 Onion, Welsh ...... 50 5 10 Pak-choi ...... 50 5 10 Parsley ...... 50 5 10 Parsnip ...... 50 5 10 Pea ...... 500 25 200 Pepper ...... 150 5 10 . Pumpkin ...... 500 25 50 Radish ...... 300 25 50 Rhubarb ...... 300 5 10 Rutabaga ...... 50 5 10 Sage ...... 150 25 50 Salsify ...... 300 25 50 Savory, summer ...... 35 5 10 Sorrel ...... 35 5 10 Soybean ...... 500 25 200 Spinach ...... 150 25 50 Spinach, New Zealand ...... 500 25 50 Squash ...... 500 25 50 Tomato ...... 50 5 10 Tomato, husk ...... 35 5 10 Turnip ...... 50 5 10 Watermelon ...... 500 25 50 AGRICULTURAL SEED: Agrotricum ...... 500 100 500 Alfalfa ...... 50 25 100 Alfilaria ...... 50 25 100 Alyceclover ...... 50 25 100 Bahiagrass ...... 50 25 100 Barrelclover ...... 100 25 100 Barley ...... 500 100 500 Bean, adzuki ...... 500 100 500 Bean, field ...... 500 100 500 Bean, mung ...... 500 100 500 Bean (see Velvetbean) ...... Beet, field ...... 500 100 500 Beet, sugar ...... 500 100 1,000 Beggarweed ...... 50 25 100 Bentgrass, colonial ...... 2.5 25 100 Bentgrass, creeping ...... 2.5 25 100 Bentgrass, velvet ...... 2.5 25 100 Bermudagrass ...... 10 25 100 Bermudagrass, giant ...... 10 25 100 Bluegrass, annual ...... 10 25 100 Bluegrass, bulbous ...... 40 25 100 Bluegrass, Canada ...... 5 25 100 Bluegrass, glaucantha ...... 10 25 100 Bluegrass, Kentucky ...... 10 25 100 Bluegrass, Nevada ...... 10 25 100 Bluegrass, rough ...... 5 25 100 Bluegrass, Texas ...... 10 25 100 Bluegrass, wood ...... 5 25 100 Bluejoint ...... 5 25 100 48466 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Bluestem, big ...... 70 25 100 Bluestem, little ...... 50 25 100 Bluestem, sand ...... 100 25 100 Bluestem, yellow ...... 10 25 100 Bottlebrush-squirreltail ...... 90 25 100 Brome, field ...... 50 25 100 Brome, meadow ...... 130 25 100 Brome, mountain ...... 200 25 100 Brome, smooth ...... 70 25 100 Broomcorn ...... 400 100 500 Buckwheat ...... 500 100 500 Buffalograss: (Burs) ...... 200 25 100 (Caryopses) ...... 30 25 100 Buffelgrass: (Fascicles) ...... 66 25 100 (Caryopses) ...... 20 25 100 Burclover, California: (In bur) ...... 500 100 500 (Out of bur) ...... 70 25 100 Burclover, spotted: (In bur) ...... 500 100 500 (Out of bur) ...... 50 25 100 Burnet, little ...... 250 25 100 Buttonclover ...... 70 25 100 Canarygrass ...... 200 25 100 Canarygrass, reed ...... 20 25 100 Carpetgrass ...... 10 25 100 Castorbean ...... 500 100 500 Chess, soft ...... 50 25 100 Chickpea ...... 500 100 500 Clover, alsike ...... 20 25 100 Clover, arrowleaf ...... 40 25 100 Clover, berseem ...... 50 25 100 Clover, cluster ...... 10 25 100 Clover, crimson ...... 100 25 100 Clover, Kenya ...... 20 25 100 Clover, Ladino ...... 20 25 100 Clover, Lappa ...... 20 25 100 Clover, large hop ...... 10 25 100 Clover, Persian ...... 20 25 100 Clover, red ...... 50 25 100 Clover, rose ...... 70 25 100 Clover, small hop (suckling) ...... 20 25 100 Clover, strawberry ...... 50 25 100 Clover, sub (subterranean) ...... 250 25 100 Clover, white ...... 20 25 100 Corn, field ...... 500 100 1,000 Corn, pop ...... 500 100 1,000 Cotton ...... 500 100 500 Cowpea ...... 500 100 500 Crambe ...... 250 25 100 Crested dogtail ...... 20 25 100 Crotalaria, lance ...... 70 25 100 Crotalaria, showy ...... 250 25 100 Crotalaria, slenderleaf ...... 100 25 100 Crotalaria, striped ...... 100 25 100 Crotalaria, Sunn ...... 500 25 100 Crownvetch ...... 100 25 100 Dallisgrass ...... 40 25 100 Dichondra ...... 50 25 100 Dropseed, sand ...... 2.5 25 100 Emmer ...... 500 100 500 Fescue, Chewings ...... 30 25 100 Fescue, hair ...... 10 25 100 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48467

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Fescue, hard ...... 20 25 100 Fescue, meadow ...... 50 25 100 Fescue, red ...... 30 25 100 Fescue, sheep ...... 20 25 100 Fescue, tall ...... 50 25 100 Flax ...... 150 25 100 Galletagrass: (Other than caryopses) ...... 100 25 100 (Caryopses) ...... 50 25 100 Grama, blue ...... 20 25 100 Grama, side-oats: (Other than caryopses) ...... 60 25 100 (Caryopses) ...... 20 25 100 Guar ...... 500 25 100 Guineagrass ...... 20 25 100 Hardinggrass ...... 30 25 100 Hemp ...... 500 100 500 Indiangrass, yellow ...... 70 25 100 Indigo, hairy ...... 70 25 100 Japanese lawngrass ...... 20 25 100 Johnsongrass ...... 100 25 100 Kenaf ...... 500 100 500 Kochia, forage ...... 20 25 100 Kudzu ...... 250 25 100 Lentil ...... 500 25 100 Lespedeza, Korean ...... 50 25 100 Lespedeza, sericea or Chinese ...... 30 25 100 Lespedeza, Siberian ...... 30 25 100 Lespedeza, striate ...... 50 25 100 Lovegrass, sand ...... 10 25 100 Lovegrass, weeping ...... 10 25 100 Lupine, blue ...... 500 100 500 Lupine, white ...... 500 100 500 Lupine, yellow ...... 500 100 500 Manilagrass ...... 20 25 100 Meadow foxtail ...... 30 25 100 Medick, black ...... 50 25 100 Milkvetch ...... 90 25 100 Millet, browntop ...... 80 25 100 Millet, foxtail ...... 50 25 100 Millet, Japanese ...... 90 25 100 Millet, pearl ...... 150 25 100 Millet, proso ...... 150 25 100 Molassesgrass ...... 5 25 100 Mustard, black ...... 20 25 100 Mustard, India ...... 50 25 100 Mustard, white ...... 150 25 100 Napiergrass ...... 50 25 100 Needlegrass, green ...... 70 25 100 Oat ...... 500 100 500 Oatgrass, tall ...... 60 25 100 Orchardgrass ...... 30 25 100 Panicgrass, blue ...... 20 25 100 Panicgrass, green ...... 20 25 100 Pea, field ...... 500 100 500 Peanut ...... 500 100 500 Poa trivialis (see bluegrass, rough) Rape, annual ...... 70 25 100 Rape, bird ...... 70 25 100 Rape, turnip ...... 50 25 100 Rape, winter ...... 100 25 100 Redtop ...... 2.5 25 100 Rescuegrass ...... 200 25 100 Rhodesgrass ...... 10 25 100 Rice ...... 500 100 500 48468 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Ricegrass, Indian ...... 70 25 100 Roughpea ...... 500 100 500 Rye ...... 500 100 500 Rye, mountain ...... 280 25 100 Ryegrass, annual ...... 50 25 100 Ryegrass, intermediate ...... 80 25 100 Ryegrass, perennial ...... 50 25 100 Ryegrass, Wimmera ...... 50 25 100 Safflower ...... 500 100 500 Sagewort, Louisiana ...... 5 25 100 Sainfoin ...... 500 100 500 Saltbush, fourwing ...... 150 25 100 Seasame ...... 70 25 100 Sesbania ...... 250 25 100 Smilo ...... 20 25 100 Sorghum ...... 500 100 1,000 Sorghum almum ...... 150 25 100 Sorghum-sudangrass hybrid ...... 500 100 1,000 Sorgrass ...... 150 25 100 Sourclover ...... 50 25 100 Soybean ...... 500 100 500 Spelt ...... 500 100 500 Sudangrass ...... 250 25 100 Sunflower ...... 500 100 500 Sweetclover, white ...... 50 25 100 Sweetclover, yellow ...... 50 25 100 Sweet vernalgrass ...... 20 25 100 Sweetvetch, northern ...... 190 25 100 Switchgrass ...... 40 25 100 Timothy ...... 10 25 100 Timothy, turf ...... 10 25 100 Tobacco ...... 5 1 1 Trefoil, big ...... 20 25 100 Trefoil, birdsfoot ...... 30 25 100 Triticale ...... 500 100 500 Vaseygrass ...... 30 25 100 Veldtgrass ...... 40 25 100 Velvetbean ...... 500 100 500 Velvetgrass ...... 10 25 100 Vetch, common ...... 500 100 500 Vetch, hairy ...... 500 100 500 Vetch, Hungarian ...... 500 100 500 Vetch, Monantha ...... 500 100 500 Vetch, narrowleaf ...... 500 100 500 Vetch, purple ...... 500 100 500 Vetch, woolypod ...... 500 100 500 Wheat, common ...... 500 100 500 Wheat, club ...... 500 100 500 Wheat, durum ...... 500 100 500 Wheat, Polish ...... 500 100 500 Wheat, poulard ...... 500 100 500 Wheat x Agrotricum ...... 500 100 500 Wheatgrass, beardless ...... 80 25 100 Wheatgrass, fairway crested ...... 40 25 100 Wheatgrass, standard crested ...... 50 25 100 Wheatgrass, intermediate ...... 150 25 100 Wheatgrass, pubescent ...... 150 25 100 Wheatgrass, Siberian ...... 50 25 100 Wheatgrass, slender ...... 70 25 100 Wheatgrass, streambank ...... 50 25 100 Wheatgrass, tall ...... 150 25 100 Wheatgrass, western ...... 100 25 100 Wildrye, basin ...... 80 25 100 Wild-rye, Canada ...... 110 25 100 Wild-rye, Russian ...... 60 25 100 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48469

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Zoysia Japonica (see Japanese lawngrass) Zoysia matrella (see Manilagrass)

(b) Method of sampling. (1) When an fingers held closely together while the intact and not tampered with in any importation consists of more than one hand is being inserted and the portion way, or removed from the containers lot, each lot shall be sampled separately. withdrawn. When more than one except under the monitoring of an (2) For lots of six or fewer bags, each handful is taken from a bag, the APHIS inspector; and bag shall be sampled. A total of at least handfuls shall be taken from well- (4) The owner or consignee must keep five trierfuls shall be taken from the lot. separated points. APHIS informed as to the location of the (3) For lots of more than six bags, five (3) When more than one sample is seed until it is finally entered into the bags plus at least 10 percent of the drawn from a single lot, the samples commerce of the United States. number of bags in the lot shall be may be combined into a composite sampled. (Round off numbers with sample unless it appears that the § 361.6 Noxious weed seeds. decimals to the nearest whole number, quantity of seed represented as a lot is (a) Seeds of the plants listed in raising 0.5 to the next whole number.) not of uniform quality, in which case paragraphs (a)(1) and (a)(2) of this Regardless of the lot size, it is not the separate samples shall be forwarded section shall be considered noxious necessary to sample more than 30 bags. together, but without being combined weed seeds. (4) When the lot of seed to be sampled into a composite sample. (1) Seeds with no tolerances is comprised of seed in small containers (d) In most cases, samples will be applicable to their introduction: that cannot practically be sampled as drawn and examined by an APHIS described in paragraph (b)(2) or (b)(3) of inspector at the port of first arrival. The Aeginetia spp. this section, entire unopened containers APHIS inspector may release a Ageratina adenophora (Sprengel) King & may be taken in sufficient number to shipment if no contaminants are found Robinson Alectra spp. supply a sample that meets the and the labeling is sufficient. If Alternanthera sessilis (L.) R. Brown ex de minimum size requirements of contaminants are found or the labeling Candolle paragraph (a)(1) of this section. of the seed is insufficient, the APHIS Asphodelus fistulosus L. (c) Drawing samples. Samples will not inspector may forward the sample to the Avena sterilis L. (including Avena be drawn unless each container is USDA Seed Examination Facility (SEF), ludoviciana Durieu) labeled to show the lot designation and Beltsville, MD, for analysis, testing, or Azolla pinnata R. Brown the name of the kind and variety of each examination. APHIS will notify the Borreria alata (Aublet) de Candolle agricultural seed, or kind and variety of owner or consignee of the seed that Carthamus oxyacantha M. Bieberstein each vegetable seed, appearing on the samples have been drawn and Chrysopogon aciculatus (Retzius) Trinius invoice and other entry papers, and a Commelina benghalensis L. forwarded to the SEF and that the Crupina vulgaris Cassini declaration has been filed by the shipment must be held intact pending a Cuscuta spp. importer as required under § 361.2(a). In decision by APHIS as to whether the Digitaria abyssinica (=D. scalarum) order to secure a representative sample, seed is within the noxious weed seed Digitaria velutina (Forsskal) Palisot de an APHIS inspector will draw equal tolerances of § 361.6 and is accurately Beauvois portions from evenly distributed parts of labeled. If the decision pending is with Drymaria arenarioides Humboldt & the quantity of seed to be sampled; the regard to the noxious weed seed content Bonpland ex Roemer & Schultes APHIS inspector, therefore, must be of the seed and the seed has been Eichhornia azurea (Swartz) Kunth given access to all parts of that quantity. determined to be accurately labeled, the Emex australis Steinheil Emex spinosa (L.) Campdera (1) For free-flowing seed in bags or in seed may be released for delivery to the bulk, a probe or trier shall be used. For Galega officinalis L. owner or consignee under the following Heracleum mantegazzianum Sommier & small free-flowing seed in bags, a probe conditions: Levier or trier long enough to sample all (1) The owner or consignee executes Hydrilla verticillata (Linnaeus f.) Royle portions of the bag shall be used. When with Customs either a Customs single- Hygrophila polysperma T. Anderson drawing more than one trierful of seed entry bond or a Customs term bond, as Imperata brasiliensis Trinius from a bag, a different path through the appropriate, in such amount as is Imperata cylindrica (L.) Raeuschel seed shall be used when drawing each prescribed by applicable Customs Ipomoea aquatica Forsskal sample. regulations; Ipomoea triloba L. (2) For non-free-flowing seed in bags (2) The bond must contain a condition Ischaemum rugosum Salisbury or bulk that may be difficult to sample for the redelivery of the seed or any part Lagarosiphon major (Ridley) Moss Leptochloa chinensis (L.) Nees with a probe or trier, samples shall be thereof upon demand of the Port Limnophila sessiliflora (Vahl) Blume obtained by thrusting one’s hand into Director of Customs at any time; Lycium ferocissimum Miers the seed and withdrawing (3) Until the seed is approved for Melaleuca quinquenervia (Cav.) Blake representative portions. The hand shall entry upon completion of APHIS’ Melastoma malabathricum L. be inserted in an open position with the examination, the seed must be kept Mikania cordata (Burman f.) B. L. Robinson 48470 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Mikania micrantha Humboldt, Bonpland, & Convolvulus arvensis L. ashy gray to creamy white in color are Kunth Cirsium arvense (L.) Scop. inert matter. Dodder seeds should be Mimosa invisa Martius Elytrigia repens (L.) Desv. (=Agropyron sectioned when necessary to determine Mimosa pigra L. var. pigra repens (L.) Beauv.) if an embryo is present, as when the Monochoria hastata (L.) Solms-Laubach Euphorbia esula L. seeds have a normal color but are Monochoria vaginalis (Burman f.) C. Presl Sonchus arvensis L. Nassella trichotoma (Nees) Hackel ex Sorghum halepense (L.) Pers. slightly swollen, dimpled, or have Arechavaleta minute holes. Opuntia aurantiaca Lindley (b) The tolerance applicable to the § 361.7 Special provisions for Canadian- Orobanche spp. prohibition of the noxious weed seeds origin seed and screenings. Oryza longistaminata A. Chevalier & listed in paragraph (a)(2) of this section Roehrich shall be two seeds in the minimum (a) In addition to meeting the Oryza punctata Kotschy ex Steudel amount required to be examined as declaration and labeling requirements of Oryza rufipogon Griffith shown in column 1 of table 1 of § 361.5. § 361.2 and all other applicable Ottelia alismoides (L.) Pers. If fewer than two seeds are found in an provisions of this part, all Canadian- Paspalum scrobiculatum L. initial examination, the shipment from origin agricultural seed and Canadian- Pennisetum clandestinum Hochstetter ex which the sample was drawn may be origin vegetable seed imported into the Chiovenda United States from Canada for seeding Pennisetum macrourum Trinius entered. If two seeds are found in an Pennisetum pedicellatum Trinius initial examination, a second sample (planting) purposes or cleaning must be Pennisetum polystachion (L.) Schultes must be examined. If two or fewer seeds accompanied by a certificate of analysis Prosopis alapataco R. A. Philippi are found in the second examination, issued by the Canadian Food Inspection Prosopis argentina Burkart the shipment from which the samples Agency or by a private seed laboratory Prosopis articulata S. Watson were drawn may be entered. If three or accredited by the Canadian Food Prosopis burkartii Munoz more seeds are found in the second Inspection Agency. Samples of seed Prosopis caldenia Burkart examination, the shipment from which shall be drawn using sampling methods Prosopis calingastana Burkart comparable to those detailed in § 361.5 Prosopis campestris Grisebach the samples were drawn may not be Prosopis castellanosii Burkart entered. If three or more seeds are found of this part. The seed analyst who Prosopis denudans Bentham in an initial examination, the shipment examines the seed at the laboratory Prosopis elata (Burkart) Burkart from which the sample was drawn may must be accredited to analyze the kind Prosopis farcta (Solander ex Russell) not be entered. of seed covered by the certificate. Macbride (c) Any seed of any noxious weed that (1) If the seed is being imported for Prosopis ferox Grisebach can be determined by visual inspection seeding (planting) purposes, the Prosopis fiebrigii Harms (including the use of transmitted light or certificate of analysis must verify that Prosopis hassleri Harms dissection) to be within one of the the seed meets the noxious weed seed Prosopis humilis Gillies ex Hooker & Arnott following categories shall be considered tolerances of § 361.6. Such seed will not Prosopis kuntzei Harms be subject to the sampling requirements Prosopis pallida (Humboldt & Bonpland ex inert matter and not counted as a weed Willdenow) Humboldt, Bonpland, & Kunth seed: of § 361.3(b). Prosopis palmeri S. Watson (1) Damaged seed (other than grasses) (2) If the seed is being imported for Prosopis reptans Bentham var. reptans with over one half of the embryo cleaning, the certificate of analysis must Prosopis rojasiana Burkart missing; name the kinds of noxious weed seeds Prosopis ruizlealii Burkart (2) Grass florets and caryopses classed that are to be removed from the lot of Prosopis ruscifolia Grisebach as inert: seed. Seed being imported for cleaning Prosopis sericantha Gillies ex Hooker & (i) Glumes and empty florets of weedy must be consigned to a facility operated Arnott grasses; in accordance with § 361.8(a). Prosopis strombulifera (Lamarck) Bentham (ii) Damaged caryopses, including free (b) Coated or pelleted agricultural Prosopis torquata (Cavanilles ex Lagasca y caryopses, with over one-half the root- seed and coated or pelleted vegetable Segura) de Candolle seed of Canadian origin may be Rottboellia cochinchinensis (Lour.) Clayon shoot axis missing (the scutellum (=R. exaltata (L.) L. f.) excluded); imported into the United States if the Rubus fruticosus L. (complex) (iii) Immature free caryopses devoid seed was analyzed prior to being coated Rubus moluccanus L. of embryo or endosperm; or pelleted and is accompanied by a Saccharum spontaneum L. (iv) Free caryopses of quackgrass certificate of analysis issued in Sagittaria sagittifolia L. (Elytrigia repens) that are 2 mm or less accordance with paragraph (a) of this Salsola vermiculata L. in length; or section. Salvinia auriculata Aublet (v) Immature florets of quackgrass (c) Screenings otherwise prohibited Salvinia biloba Raddi (Elytrigia repens) in which the under this part may be imported from Salvinia herzogii de la Sota caryopses are less than one-third the Canada if the screenings are imported Salvinia molesta D.S. Mitchell for processing or manufacture and are Setaria pallide-fusca (Schumacher) Stapf & length of the palea. The caryopsis is Hubbard measured from the base of the rachilla. consigned to a facility operating under Solanum torvum Swartz (3) Seeds of legumes (Fabaceae) with a compliance agreement as provided by Solanum viarum Dunal the seed coats entirely removed. § 361.8(b). Sparganium erectum L. (4) Immature seed units, devoid of (Approved by the Office of Management and Striga spp. both embryo and endosperm, such as Budget under control number 0579–0124) Tridax procumbens L. occur in (but not limited to) the Urochloa panicoides Beauvois following plant families: buckwheat § 361.8 Cleaning of imported seed and (2) Seeds with tolerances applicable (Polygonaceae), morning glory processing of certain Canadian-origin to their introduction: (Convolvulaceae), nightshade screenings. Acroptilon repens (L.) DC. (=Centaurea (Solanaceae), and sunflower (a) Imported seed that is found to repens L.) (=Centaurea picris) (Asteraceae). contain noxious weed seeds at a level Cardaria draba (L.) Desv. (5) Dodder (Cuscuta spp.) seeds higher than the tolerances set forth in Cardaria pubescens (C. A. Mey.) Jarmol. devoid of embryos and seeds that are § 361.6(b) may be cleaned under the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48471 monitoring of an APHIS inspector. The state all of the facts and reasons upon Done in Washington, DC, this 10th day of cleaning will be at the expense of the which the person relies to show that the September 1997. owner or consignee. compliance agreement was wrongfully Terry L. Medley, (1) At the location where the seed is canceled. The Administrator shall grant Administrator, Animal and Plant Health being cleaned, the identity of the seed or deny the appeal, in writing, stating Inspection Service. must be maintained at all times to the the reasons for such decision, as [FR Doc. 97–24524 Filed 9–15–97; 8:45 am] satisfaction of the Administrator. The promptly as circumstances permit. If BILLING CODE 3410±34±P refuse from the cleaning must be placed there is a conflict as to any material fact, in containers and securely sealed and a hearing shall be held to resolve such identified. Upon completion of the conflict. Rules of practice concerning DEPARTMENT OF AGRICULTURE cleaning, a representative sample of the such a hearing will be adopted by the Natural Resources Conservation seed will be analyzed by a registered Administrator. seed technologist, an official seed Service laboratory, or by APHIS; if the seed is § 361.9 Recordkeeping. found to be within the noxious weed 7 CFR Part 633 tolerances set forth in § 361.6(b), the (a) Each person importing agricultural Water Bank Program seed may be allowed entry into the seed or vegetable seed under this part must maintain a complete record, United States; AGENCY: including copies of the declaration and Natural Resources (2) The refuse from the cleaning must Conservation Service, USDA. be destroyed under the monitoring of an labeling required under this part and a APHIS inspector at the expense of the sample of seed, for each lot of seed ACTION: Final Rule. owner or consignee of the seed. imported. Except for the seed sample, (3) Any person engaged in the which may be discarded 1 year after the SUMMARY: The Department of business of cleaning imported seed may entire lot represented by the sample has Agriculture Reorganization Act of 1994 enter into a compliance agreement been disposed of by the person who authorized the establishment of the under paragraph (c) of this section to imported the seed, the records must be Natural Resources Conservation Service facilitate the cleaning of seed imported maintained for 3 years following the (NRCS) and transferred responsibility for the Water Bank Program (WBP) from into the United States under this part. importation. (b) Any person engaged in the the Agricultural Stabilization (ASCS) (b) Each sample of vegetable seed and business of processing screenings who and Conservation Service to the NRCS, wishes to process screenings imported each sample of agricultural seed must be formerly the Soil Conservation Service from Canada under § 361.7(c) that are at least equal in weight to the sample (SCS). This final rule provides the otherwise prohibited under this part size prescribed for noxious weed seed process by which the WBP will be must enter into a compliance agreement examination in table 1 of § 361.5. administered within the NRCS. under paragraph (c) of this section. (c) An APHIS inspector shall, during DATES: Effective date: September 16, (c) A compliance agreement for the normal business hours, be allowed to 1997. cleaning of imported seed or processing inspect and copy the records. FOR FURTHER INFORMATION CONTACT: of otherwise prohibited screenings from (Approved by the Office of Management and Robert Misso (Program Manager), (202) Canada shall be a written agreement 1 Budget under control number 0579–0124) 720–3534. between a person engaged in such a business, the State in which the § 361.10 Costs and charges. SUPPLEMENTARY INFORMATION: business operates, and APHIS, wherein Executive Order 12866 the person agrees to comply with the Unless a user fee is payable under provisions of this part and any § 354.3 of this chapter, the services of an The Office of Management and Budget conditions imposed pursuant thereto. APHIS inspector during regularly (OMB) has determined that this final Any compliance agreement may be assigned hours of duty and at the usual rule is not significant. canceled orally or in writing by the places of duty will be furnished without Regulatory Flexibility Act APHIS inspector who is monitoring its cost. The U.S. Department of enforcement whenever the inspector Agriculture’s provisions relating to It has been determined that the finds that the person who entered into overtime charges for an APHIS Regulatory Flexibility Act is not the compliance agreement has failed to inspector’s services are set forth in part applicable to this rule because the NRCS comply with the provisions of this part 354 of this chapter. The U.S. is not required by 5 U.S.C. 553 or any or any conditions imposed pursuant Department of Agriculture will not be other provision of law to publish a thereto. If the cancellation is oral, the responsible for any costs or charges notice of proposed rulemaking with decision and the reasons for the incident to inspections or compliance respect to the subject matter of this rule. decision shall be confirmed in writing, with this part, other than for the Further, because this rule merely as promptly as circumstances permit. services of the APHIS inspector during reflects a statutory change in Any person whose compliance regularly assigned hours of duty and at administrative responsibility, agreement has been canceled may the usual places of duty. All expenses publication for public comment is appeal the decision to the incurred by the U.S. Department of unnecessary. Administrator, in writing, within 10 Agriculture (including travel, per diem Environmental Evaluation days after receiving written notification or subsistence, and salaries of officers or of the cancellation. The appeal shall employees of the Department) in This regulatory action, which merely connection with the monitoring of recognizes a transfer in administrative 1 Compliance Agreement forms are available cleaning, labeling, other reconditioning, responsibilities, is categorically without charge from Permit Unit, PPQ, APHIS, 4700 or destruction of seed, screenings, or excluded by 7 CFR1b.3(a)(1). Therefore, River Road Unit 136, Riverdale, MD 20737–1236, refuse under this part shall be and from local offices of the Plant Protection and neither an environmental assessment Quarantine. (Local offices are listed in telephone reimbursed by the owner or consignee nor an environmental impact statement directories). of the seed or screenings. is needed. 48472 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Executive Order 12372 persons with ASCS and, as funds are PART 633ÐWATER BANK PROGRAM This program/activity is not subject to made available, new agreements entered into by persons with NRCS. This final Sec. the provisions of Executive Order 12372 633.1 Purpose and scope. because it involves direct payments to rule adopts most of the policies as found in 7 CFR part 752, except that the 633.2 Definitions. individuals and not to State and local 633.3 Administration. officials. See notice related to 7 CFR administration, enforcement, 633.4 Program requirements. part 3015, subpart V, published at 48 FR monitoring, and management of the 633.5 Application procedures. 29115 (June 24, 1983). program is now under the jurisdiction of 633.6 Program participation requirements. the Chief, NRCS, or designee. NRCS 633.7 Annual payments. Federal Domestic Assistance Program believes that issuance of a final rule 633.8 Cost-share payments. The title and number of the Federal without a public comment period is 633.9 Conservation plan. Domestic Assistance Program, as found appropriate because of the pending 633.10 Modifications. in the Catalog of Federal Domestic removal of 7 CFR part 752 and the need 633.11 Transfer of an interest in an agreement. Assistance, to which this rule applies to maintain a regulatory framework for the program. More importantly, the 633.12 Termination of agreements. are: Water Bank Program 10.062. 633.13 Violations and remedies. changes made by this rule merely Paperwork Reduction Act 633.14 Debt collection. transfer administrative responsibilities. 633.15 Payments not subject to claims. No substantive changes have been This final rule does not relieve any 633.16 Assignments. made in this final rule which affect the person of any obligation or liability 633.17 Appeals. recordkeeping requirements and incurred under 7 CFR part 752, nor 633.18 Scheme and device. estimated burdens previously reviewed otherwise deprive any person of any Authority: 16 U.S.C. 1301–1311. and approved under OMB control rights received or accrued under the number 0578–0013. provisions of 7 CFR part 752. Therefore, § 633.1 Purpose and scope. no person’s rights shall be adversely The regulations in this part set forth Executive Order 12778 impacted as a result of this action. the policies, procedures, and This final rule has been reviewed in WBP was developed in accordance requirements for the Water Bank accordance with Executive Order 12778. with the Water Bank Act, enacted in Program (WBP) as administered by the The provisions of this rule are not 1970. The purpose of the program is to Natural Resources Conservation Service retroactive. Furthermore, the provisions conserve water, preserve and improve (NRCS) for program implementation. of this final rule preempt State and local the condition of migratory waterfowl § 633.2 Definitions. laws to the extent such laws are habitat and other wildlife resources, and inconsistent with this final rule. Before secure other wildlife benefits through The following definitions shall be an action may be brought in a Federal 10-year land use agreements with applicable to this part: court of competent jurisdiction, the landowners and operators in important Adjacent land means land on a farm administrative appeal rights afforded migratory waterfowl nesting and which adjoins designated types 1 persons at 7 CFR part 614 must be breeding areas. through 7 wetlands and is considered exhausted. The program operates primarily in the essential for the protection of the northern part of the Central flyway and wetland or for the nesting, breeding, or Unfunded Mandates Reform Act of feeding of migratory waterfowl. 1995 the northern and southern parts of the Mississippi flyway, which are the major Adjacent land need not be contiguous to Pursuant to Title II of the Unfunded migratory water routes used by the land designated as wetland, but Mandates Reform Act of 1995, Public waterfowl. WBP also operates along cannot be located more than one quarter Law 104–4, NRCS assessed the affects of other flyways in States where the of a mile away. this rulemaking action on State, local, program is authorized. NRCS currently Agreement means the document that and tribal governments. This action administers WBP agreements in specifies the obligations and rights of does not compel the expenditure of Arkansas, California, Kentucky, any person who has been accepted for $100 million or more by any State, local Louisiana, Minnesota, Mississippi, participation in the WBP. or tribal governments, or anyone in the Montana, Nebraska, North Dakota, Ohio, Annual payment means the private sector, and therefore a statement South Dakota, and Wisconsin. consideration paid to a participant each under section 202 of the Unfunded Unlike other Federal wetland laws, year for entering an agreement with the Mandates Reform Act of 1995 is not the Water Bank Act defines wetlands in NRCS under the WBP. required. accordance with Circular 39, Wetlands Chief means the Chief of the Natural Resources Conservation Service or the Discussion of Program of the United States, published by the Department of the Interior. WBP person delegated authority to act for the The Agricultural Stabilization and agreements encompass inland fresh Chief. Conservation Service (ASCS) issued the areas (types 1 through 7) as described in Conservation District is a subdivision current regulations for implementation Circular 39, and artificially developed of a State government organized of WBP, and the regulations are codified inland fresh water areas that meet the pursuant to applicable State law to at 7 CFR part 752. Pursuant to the description of inland fresh water areas promote and undertake actions for the Department of Agriculture (types 1 through 7). conservation of soil, water, and other Reorganization Act of 1994, Pub. L. natural resources. 103–354, the Natural Resources List of Subjects in 7 CFR Part 633 Conservation plan means a written Conservation Service (NRCS) assumed Administrative practices and record of the land user’s decision on the responsibility for administering the procedures, Contracts, Natural use and management of the wetland and WBP and this final rule establishes a Resources, Technical assistance. adjacent areas covered by the new part (7 CFR part 633) for Accordingly 7 CFR Chapter VI is agreement. implementation of the WBP under amended as follows: Cost-share payment means the NRCS. Under this rule, NRCS will A new part 633 is added to read as payment made by the NRCS to achieve administer agreements entered into by follows: the protection of the wetland functions Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48473 and values of the agreement area in § 633.3 Administration. in the agreement for at least two years accordance with the conservation plan. (a) The regulations in this part will be preceding the date of the agreement and Landowner means a person or persons administered under the general will have possession over the all having legal ownership of farmland, supervision and direction of the Chief. designated acreage for the agreement including those who may be buying (b) As determined by the Chief and period. farmland under a purchase agreement. the Administrator of the Farm Service (c) Eligible land. (1) The NRCS shall Landowner may include all forms of Agency, the NRCS will seek the determine whether land is eligible for collective ownership including joint agreement of the Farm Service Agency enrollment and whether, once found tenants, tenants in common, and life in establishing policies, priorities, and eligible, the lands may be included in tenants and remaindermen in a farm guidelines related to the the program based on the likelihood of property. implementation of this part. successful protection of wetland Natural Resources Conservation (c) The State Conservationist will functions and values when considering Service (NRCS) is an agency of the consultation with the State Technical the cost of entering the agreement and United States Department of Committee, on program administration protection costs. Land placed under an Agriculture, formerly called the Soil and related policy matters. No agreement shall be specifically Conservation Service. determination by the State Technical identified and designated for the period Operator means the person who is in Committee shall compel the NRCS to of the agreement. general control of the farming take any action which the NRCS (2) The following land is eligible for operations on the farm during the crop determines will not serve the purposes enrollment in the WBP: year. of the program established by this part. (i) Privately owned inland fresh (d) The NRCS may enter into Person means one or more wetland areas of types 1 through 7. cooperative agreements with Federal or individuals, partnerships, associations, (ii) Privately owned inland fresh State agencies and with private corporations, estates or trusts, or other wetland areas of types 1 through 7 conservation organizations to assist the business enterprises or other legal which are under a drainage easement NRCS with educational efforts, entities and, whenever applicable, a with the U.S. Department of the Interior agreement management and monitoring, State, a political subdivision of a State, or with a State government which program implementation assistance, and or any agency thereof. permits agricultural use; or to assure a solid technical foundation Practice means a measure necessary (iii) Other privately owned land for the program. which is adjacent to or within one or desirable to accomplish the desired (e) The NRCS shall consult with the program objectives. quarter mile of designated types 1 U.S. Fish and Wildlife Service in the through 7 wetlands and which is State Technical Committee means a implementation of the program and in committee established by the Secretary determined by the State Conservationist establishing program policies. to be essential for the nesting, breeding, of the United States Department of (f) The Chief may allocate funds for Agriculture in a State pursuant to 16 or feeding of migratory waterfowl, or for such purposes related to special pilot the protection of wetland. U.S.C. 3861. The State Conservationist programs for wetland management and will be the chairperson of the State (d) Ineligible land. The following land monitoring, emergencies, cooperative is not eligible for enrollment in the Technical Committee. agreements with other Federal or State U.S. Fish and Wildlife Service is an WBP: agencies for program implementation, (1) Converted wetlands if the agency of the United States Department coordination of enrollment across State of the Interior. conversion was in violation of 16 U.S.C. boundaries, or for other goals of the 3821 et seq.; Wetlands mean the inland fresh areas WBP found in this part. defined under 16 U.S.C. 1302 and (2) Lands owned by an agency of the described as types 1 through 7 in § 633.4 Program requirements. United States; Circular 39, Wetlands of the United (a) General. Under the WBP, the (3) Land which is set aside or diverted States, as published by the United States NRCS will enter 10-year agreements under any other program administered Department of the Interior. with eligible persons who voluntarily by the Department of Agriculture; (4) Land which is harvested in the Wetlands functions and values mean cooperate in the protection of wetlands first year of the agreement period prior the hydrological and biological and associated lands. To participate in to being designated, except for land on characteristics of wetlands and the WBP, a person will agree to the which timber is harvested in accordance social worth placed upon these implementation of a conservation plan, with a Forest Management Plan which characteristics, including: the effect of which is to protect, is included in the conservation plan and (1) Habitat for migratory birds and enhance, maintain, and manage the hydrologic conditions of inundation or is approved by the State forester or other wildlife, in particular at risk equivalent State official; species; saturation of the soil, native vegetation, and natural topography of eligible lands. (5) Lands where implementation of (2) Protection and improvement of agreement practices would be futile due water quality; The NRCS may provide cost-share assistance for the activities that promote to on-site or off-site conditions; and (3) Attenuation of water flows due to (6) Land on which the ownership has flooding; the protection of wetland functions and values. Specific protection actions may changed during the 2-year period (4) The recharge of ground water; be undertaken by the participant or preceding the first year of the agreement (5) Protection and enhancement of other NRCS designee. period unless: open space and aesthetic quality; (b) Participant eligibility. To be (i) The new ownership was acquired (6) Protection of flora and fauna eligible to participate in the WBP, a by will or succession as a result of the which contributes to the Nation’s person must: death of the previous owner, natural heritage; and (1) Be the landowner of eligible land (ii) The land was acquired by the (7) Contribution to educational and for which enrollment is sought; or owner or operator to replace eligible scientific scholarship. (2) Have possession of the land by land from which he was displaced WBP means the Water Bank Program. written lease over all designated acreage because of its acquisition by any 48474 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Federal, State, or other agency having (2) Become effective on January 1 of maximum annual payment limits for the right of eminent domain, or the year in which the agreement is agreements within a State or for (iii) The new owner operated the land approved except that the agreement geographic areas within a State. to be designated for as long as 2 years shall become effective on January 1 of (d) Preliminary estimates of annual preceding the first year of the agreement the next succeeding year in cases where, payments. Upon request prior to filing and has control of such land for the at the time the agreement is approved, an application for enrollment, a person agreement period. the NRCS determines that the agreement may be apprised of the maximum signers will be unable to comply with annual payment rates. § 633.5 Application procedures. the provisions of paragraph (c) of this (e) Adjustment of annual rates. (a) Application for participation. To section in the year in which such (1) The State Conservationist, in apply for enrollment, a person must agreement is approved. consultation with the State Technical submit an application for participation (c) Agreement terms and conditions. Committee, shall reexamine the in the WBP. The acreage designated under an payment rates with respect to each (b) Preliminary agency actions. The agreement shall: agreement at the beginning of the fifth NRCS must certify that the designated (1) Be maintained for the agreement year of any ten-year initial or renewal acreage that would be placed under an period in a manner which will preserve, period and before the renewal expires. agreement constitutes a viable wetland restore, or improve the wetland (2) An adjustment in the payment unit, contains sufficient adjacent land to character of the land; rates shall be made for any initial or protect the wetland, and provides (2) Not be drained, burned, filled, or renewal period taking into essential habitat for the nesting, otherwise used in a manner which consideration the current land rental breeding or feeding of migratory would destroy the wetland character of rates and crop values in the area. No waterfowl. the acreage, except that the provisions adjustment shall be made in a payment (c) Where funds allocated to the State of this paragraph shall not prohibit the rate which will result in a reduction of do not permit accepting all requests carrying out of management practices an annual payment rate from the rate which are filed, the State which are specified in a conservation which is specified in the initial or Conservationist, in consultation with plan for the farm; renewal agreement. the State Technical Committee, may (3) Not be used as a dumping area for (3) The rate or rates of annual establish ranking criteria and limit the draining other wetlands, except where payments may be increased if the approval of requests for agreements in the State Conservationist determines program participant permits access by accordance with the ranking scheme. that such use is consistent with the the general public to the designated Any ranking scheme shall consider sound management of wetlands and is acreage for hunting, trapping, fishing, estimated costs of the agreement, costs specified in the conservation plan; and hiking, subject to applicable State of protection, availability of matching (4) Not be used as a source of and Federal regulations. funds, significance of wetland functions irrigation water; and values, and estimated success of (5) Not be used for the harvesting of § 633.8 Cost-share payments. protection measures. a crop; (a) In addition to annual payments, (d) The NRCS may place higher (6) Not be hayed except for during the NRCS may share the cost with priority on certain geographic regions of periods of severe drought and only program participants of protecting the the State where the protection of under conditions prescribed by the State wetland functions and values of the wetlands may better achieve NRCS State Conservationist in consultation with the enrolled land as provided in the and regional goals and objectives. Secretary of the Interior or his designee; conservation plan. The NRCS may pay (e) Notwithstanding any limitation of and up to 75 percent of such costs. this part, the State Conservationist may (7) Not be grazed, except as may be (b) Cost-share payments may be made enroll eligible lands at any time in order specified in the conservation plan. only upon a determination by the NRCS to encompass total wetland areas subject that an eligible practice or an § 633.7 Annual payments. to multiple ownership or otherwise to identifiable unit of the practice has been achieve program objectives. Similarly, (a) Person on the farm having an established in compliance with the State Conservationist may, at any interest in the designated acreage, appropriate standards and time, exclude otherwise eligible lands if including tenants and sharecroppers, specifications. Identified practices may the participation of the adjacent shall be eligible for an annual payment be implemented by the program landowners is essential to the successful in the manner agreed upon by them as participant or other designee. protection of the wetlands and those representing their respective (c) A program participant may seek adjacent landowners are unwilling to contributions to compliance with the additional cost-share assistance from participate. agreement. The State Conservationist other public or private organizations as shall not approve an agreement if it is long as the activities funded are in § 633.6 Program participation determined that the proposed division compliance with this part. In no event requirements. of payment is not fair and equitable. shall the program participant receive an (a) WBP Agreement. An agreement (b) The annual per acre payment rates amount which exceeds 100 percent of shall be executed for each participating for wetlands and for adjacent land shall the total actual cost of the practices. farm. The agreement shall be signed by be determined for each county by the the owner of the designated acreage and State Conservationist, based on § 633.9 Conservation plan. any other person who, as landlord, recommendations of the State Technical (a) The program participant, with tenant, or share cropper, will share in Committee. assistance from NRCS and in the payment or has an interest in the (c) Maximum payments. In order to consultation with the Conservation designated acreage. There may be more ensure that limited program funds are District, shall prepare a conservation than one agreement for a farm. expended to maximize program plan for the acreage designated under an (b) Agreement period. The agreement benefits, the State Conservationist, in agreement. period shall: consultation with the State Technical (b) The conservation plan is the basis (1) Be for a term of 10 years; Committee, may establish uniform for the agreement and is incorporated Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48475 therein. It includes a schedule of section, the annual payment for the year (b) Before a person may seek judicial conservation treatment and management in which the agreement is terminated review of any action taken under this required to protect and to maintain the shall not be considered to have been part, the person must exhaust all wetland and adjacent land as a earned unless there is compliance with administrative appeal procedures set functional wetland unit for the life of the terms and conditions of the forth in paragraph (a) of this section, the agreement. agreement for the entire calendar year. and for purposes of judicial review, no (c) Conservation treatment and decision shall be a final agency action management of the vegetation for § 633.13 Violations and remedies. except a decision of the Chief of NRCS wetland protection, wildlife habitat, or (a) In the event of a violation of an under these procedures. other authorized objectives are agreement or any associated consistent with the program objectives conservation plan, the parties to the § 633.18 Scheme and device. and priorities. agreement shall be given reasonable (a) If it is determined by the NRCS notice and an opportunity to voluntarily that a person has employed a scheme or § 633.10 Modifications. correct the violation within 30 days of device to defeat the purposes of this The NRCS may approve modifications the date of the notice, or such additional part, any part of any program payment to the agreement or associated time as the State Conservationist may otherwise due or paid such person conservation plan after consultation allow. during the applicable period may be with the Conservation District. Any (b) In addition to any and all legal and withheld or be required to be refunded modification must meet WBP program equitable remedies as may be available with interest thereon, as determined objectives, and must be in compliance to the NRCS under applicable law, the appropriate by the NRCS. with this part. NRCS may withhold any annual or cost- (b) A scheme or device includes, but § 633.11 Transfer of interest in an share payments owing to the parties of is not limited to, coercion, fraud, agreement. the agreement at any time there is a misrepresentation, depriving any other (a) If the ownership or operation of a material breach of the agreement or any person of an annual payment or farm changes in such a manner that the conservation plan. Such withheld funds payments for cost-share practices for the agreement no longer contains the may be used to offset costs incurred by purpose of obtaining a payment to signatures of the persons required by the NRCS in any remedial actions or which a person would otherwise not be § 633.6(a) to sign the agreement, the retained as damages pursuant to court entitled. (c) A program participant who agreement shall be modified to reflect order or settlement agreement. succeeds to the responsibilities under the new interested persons and new (c) The NRCS shall be entitled to this part shall report in writing to the divisions of payments. recover any and all administrative and (b) If such persons are not willing to legal costs, including attorney’s fees or NRCS any interest of any kind in become parties to the modified expenses, associated with any enrolled land that is held by a agreement or for any other reason a enforcement or remedial action. predecessor or any lender. A failure of modified agreement is not executed, the full disclosure will be considered a § 633.14 Debt collection. agreement shall be terminated and all scheme or device under this section. unearned payments shall be forfeited or Any debts arising under this program Signed at Washington, D.C. on September refunded. are governed with respect to their 4, 1997. (c) The annual payment for the year collection by the Federal Claims Gary R. Nordstrom, in which the change of ownership or Collection Act of 1966 (31 U.S.C. 3701) Acting Chief, Natural Resources Conservation operation occurs shall not be considered and the regulations found in 4 CFR Service. to have been earned unless the chapter II. [FR Doc. 97–24486 Filed 9–15–97; 8:45 am] designated acreage is continued in the § 633.15 Payments not subject to claims. BILLING CODE 3410±16±P program and there is compliance with the agreement for the full agreement (a) Any payments due any person shall be determined and allowed year. DEPARTMENT OF AGRICULTURE (d) The signatories to the agreement without regard to State land and prior to the change of ownership or without regard to any claim or lien Animal and Plant Health Inspection operation shall be jointly and severally against any crop, or proceeds thereof, Service responsible for refunding the unearned which may be asserted by any creditor, payments previously made. except as provided in paragraph (b) of 9 CFR Part 78 this section. [Docket No. 97±077±1] § 633.12 Termination of agreements. (b) The regulations governing setoffs (a) The State Conservationist may, by and withholdings, in part 13 of this title, Brucellosis in Cattle; State and Area mutual agreement with the parties to the as amended, shall be applicable to this Classifications; Kentucky agreement, consent to the termination of program. the agreement where: AGENCY: Animal and Plant Health (1) The parties to the agreement are § 633.16 Assignments. Inspection Service, USDA. unable to comply with the terms of the Any person entitled to any cash ACTION: Interim rule and request for agreement as the result of conditions payment under this program may assign comments. beyond their control; the right to receive such cash payments, (2) Compliance with the terms of the in whole or in part. SUMMARY: We are amending the agreement would work a severe brucellosis regulations concerning the hardship on the parties to the § 633.17 Appeals. interstate movement of cattle by agreement; or (a) Any person may obtain changing the classification of Kentucky (3) Termination of the agreement reconsideration and review of from Class A to Class Free. We have would be in the public interest. determinations affecting participation in determined that Kentucky meets the (b) If an agreement is terminated in this program in accordance with part standards for Class Free status. This accordance with the provisions of this 614 of this chapter. action relieves certain restrictions on 48476 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations the interstate movement of cattle from reactors found in the course of Market After the comment period closes, we Kentucky. Cattle Identification (MCI) testing; (3) will publish another document in the DATES: Interim rule effective September maintaining a surveillance system that Federal Register. It will include a 16, 1997. Consideration will be given includes testing of dairy herds, discussion of any comments we receive only to comments received on or before participation of all recognized and any amendments we are making to November 17, 1997. slaughtering establishments in the MCI the rule as a result of the comments. ADDRESSES: Please send an original and program, identification and monitoring of herds at high risk of infection Executive Order 12866 and Regulatory three copies of your comments to Flexibility Act Docket No. 97–077–1, Regulatory (including herds adjacent to infected Analysis and Development, PPD, herds and herds from which infected This rule has been reviewed under APHIS, Suite 3C03, 4700 River Road animals have been sold or received), Executive Order 12866. For this action, Unit 118, Riverdale, MD 20737–1238. and having an individual herd plan in the Office of Management and Budget Please state that your comments refer to effect within a stated number of days has waived its review process required Docket No. 97–077–1. Comments after the herd owner is notified of the by Executive Order 12866. received may be inspected at USDA, finding of brucellosis in a herd he or she Cattle moved interstate are moved for room 1141, South Building, 14th Street owns; and (4) maintaining minimum slaughter, for use as breeding stock, or and Independence Avenue, SW., procedural standards for administering for feeding. Changing the brucellosis Washington, DC, between 8 a.m. and the program. status of Kentucky from Class A to Class 4:30 p.m., Monday through Friday, Before the effective date of this Free will promote economic growth by except holidays. Persons wishing to interim rule, Kentucky was classified as reducing certain testing and other inspect comments are requested to call a Class A State. requirements governing the interstate To attain and maintain Class Free ahead on (202) 690–2817 to facilitate movement of cattle from this State. status, a State or area must (1) remain entry into the comment reading room. Testing requirements for cattle moved free from field strain Brucella abortus interstate for immediate slaughter or to FOR FURTHER INFORMATION CONTACT: Dr. infection for 12 consecutive months or quarantined feedlots are not affected by R.T. Rollo, Jr., Staff Veterinarian, longer; (2) trace back at least 90 percent this change. Cattle from certified National Animal Health Programs, VS, of all brucellosis reactors found in the brucellosis-free herds moving interstate APHIS, Suite 3B08, 4700 River Road course of MCI testing to the farm of are not affected by this change. Unit 36, Riverdale, MD 20737–1231, origin; (3) successfully close at least 95 The groups affected by this action will (301) 734–7709; or e-mail: percent of the MCI reactor cases traced be herd owners in Kentucky, as well as [email protected]. to the farm of origin during the 12 buyers and importers of cattle from this SUPPLEMENTARY INFORMATION: consecutive month period immediately State. prior to the most recent anniversary of There are an estimated 52,000 cattle Background the date the State or area was classified herds in Kentucky that would be Brucellosis is a contagious disease Class Free; and (4) have a specified affected by this rule. All of these are affecting animals and humans, caused surveillance system, as described above, owned by small entities. Test-eligible by bacteria of the genus Brucella. including an approved individual herd cattle offered for sale interstate from The brucellosis regulations, contained plan in effect within 15 days of locating other than certified-free herds must in 9 CFR part 78 (referred to below as the source herd or recipient herd. have a negative test under present Class the regulations), provide a system for After reviewing the brucellosis A status regulations, but not under classifying States or portions of States program records for Kentucky, we have regulations concerning Class Free status. according to the rate of Brucella concluded that this State meets the If such testing were distributed equally infection present, and the general standards for Class Free status. among all animals affected by this rule, effectiveness of a brucellosis control and Therefore, we are removing Kentucky Class Free status would save eradication program. The classifications from the list of Class A States in approximately $3 per head. are Class Free, Class A, Class B, and § 78.41(b) and adding it to the list of Therefore, we believe that changing Class C. States or areas that do not meet Class Free States in § 78.41(a). This the brucellosis status of Kentucky will the minimum standards for Class C are action relieves certain restrictions on not have a significant economic impact required to be placed under Federal moving cattle interstate from Kentucky. on the small entities affected by this quarantine. Immediate Action interim rule. The brucellosis Class Free Under these circumstances, the classification is based on a finding of no The Administrator of the Animal and Administrator of the Animal and Plant known brucellosis in cattle for the 12 Plant Health Inspection Service has Health Inspection Service has months preceding classification as Class determined that there is good cause for determined that this action will not Free. The Class C classification is for publishing this interim rule without have a significant economic impact on States or areas with the highest rate of prior opportunity for public comment. a substantial number of small entities. brucellosis. Class B and Class A fall Immediate action is warranted to between these two extremes. remove unnecessary restrictions on the Executive Order 12372 Restrictions on moving cattle interstate interstate movement of cattle from This program/activity is listed in the become less stringent as a State Kentucky. Catalog of Federal Domestic Assistance approaches or achieves Class Free Because prior notice and other public under No. 10.025 and is subject to status. procedures with respect to this action Executive Order 12372, which requires The standards for the different are impracticable and contrary to the intergovernmental consultation with classifications of States or areas entail public interest under these conditions, State and local officials. (See 7 CFR part (1) maintaining a cattle herd infection we find good cause under 5 U.S.C. 553 3015, subpart V.) rate not to exceed a stated level during to make it effective upon publication. 12 consecutive months; (2) tracing back We will consider comments that are Executive Order 12988 to the farm of origin and successfully received within 60 days of publication This rule has been reviewed under closing a stated percent of all brucellosis of this rule in the Federal Register. Executive Order 12988, Civil Justice Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48477

Reform. This rule: (1) Preempts all State Counsel as also serving as the Agency List of Subjects in 13 CFR Part 105 and local laws and regulations that are Standards of Conduct Counselor to now Employee restrictions and in conflict with this rule; (2) has no identify the DAEO as serving that role. responsibilities, Small Business retroactive effect; and (3) does not DATES: This rule becomes effective Administration, Standards of conduct. require administrative proceedings September 16, 1997. Accordingly, SBA is amending Part before parties may file suit in court 105, Title 13 of the Code of Federal challenging this rule. FOR FURTHER INFORMATION CONTACT: Robinson S. Nunn, Chief Counsel for Regulations as follows: Paperwork Reduction Act Ethics, (202) 205–6867. PART 105Ð[AMENDED] This document contains no SUPPLEMENTARY INFORMATION: The information collection or recordkeeping following amendments will be made to 1. The authority citation for Part 105 requirements under the Paperwork 13 CFR Part 105: continues to read as follows: Reduction Act of 1995 (44 U.S.C. 3501 Authority: 5 U.S.C. 7301; 15 U.S.C. 634, et seq.). Section 105.402 Standards of Conduct Counselors 637(a)(18) and (a)(19), 642 and 645(a). List of Subjects in 9 CFR Part 78 (a) Replaces ‘‘Deputy General § 105.402 [Amended] Animal diseases, Bison, Cattle, Hogs, Counsel’’ with ‘‘Designated Agency Quarantine, Reporting and 2. Section 105.402(a) is amended by Ethics Official, as appointed by the removing ‘‘Deputy General Counsel’’ recordkeeping requirements, Administrator,’’ and eliminates Transportation. and adding in its place, ‘‘Designated reference to the Associate General Agency Ethics Official, as appointed by Accordingly, 9 CFR part 78 is Counsel for General Law (AGC) as an the Administrator,’’ in the first sentence, amended as follows: Assistant Standards of Conduct and by changing the second sentence to PART 78ÐBRUCELLOSIS Counselor. read as follows: ‘‘Assistant Standards of Section 105.403 Designated Agency Conduct Counselors may be designated 1. The authority citation for part 78 Ethics Officials by the Standards of Conduct continues to read as follows: Counselor.’’ Authority: 21 U.S.C. 111–114a–1, 114g, Strikes (a) in full, and makes the 115, 117, 120, 121, 123–126, 134b, and 134f; existing text of (b) the only text under § 105.403 [Amended] 7 CFR 2.22, 2.80, and 371.2(d). Section 105.403. 3. Section 105.403(a) is removed in This final rule reflects an internal full. Existing § 105.403(b) is § 78.41 [Amended] policy change resulting from a March redesignated as § 105.403. 2. In § 78.41, paragraph (a) is 1997 reorganization in the Office of Aida Alvarez, amended by adding ‘‘Kentucky,’’ General Counsel and must be effective Administrator. immediately after ‘‘Iowa,’’. immediately. Therefore, SBA is 3. In § 78.41, paragraph (b) is [FR Doc. 97–24507 Filed 9–15–97; 8:45 am] publishing the rule without opportunity amended by removing ‘‘Kentucky,’’. BILLING CODE 8025±01±P for prior public comment. Done in Washington, DC, this 4th day of Compliance with Executive Order September 1997. 12612, 12778, and 12866, the Regulatory DEPARTMENT OF TRANSPORTATION Craig A. Reed, Flexibility Act, 5 U.S.C. 601 et seq. And Acting Administrator, Animal and Plant the Paperwork Reduction Act, 44 U.S.C. Federal Aviation Administration Health Inspection Service. Ch. 35. [FR Doc. 97–24435 Filed 9–15–97; 8:45 am] SBA certifies the following: 14 CFR Part 39 BILLING CODE 3410±34±P For purposes of the Regulatory [Docket No. 97±NM±48±AD; Amendment Flexibility Act, 5 U.S.C. 601, et seq., this 39±10132; AD 97±19±11] final rule does not have a significant RIN 2120±AA64 SMALL BUSINESS ADMINISTRATION economic impact on a substantial 13 CFR Part 105 number of small entities. Airworthiness Directives; Bombardier This final rule does not constitute a Model CL±600±2B19 (Regional Jet Standards of Conduct and Employee significant regulatory action for Series 100) Series Airplanes Restrictions and Responsibilities purposes of Executive Order 12866, AGENCY: Federal Aviation since the change is not likely to result Administration, DOT. AGENCY: Small Business Administration in an annual effect on the economy of (SBA). $100 million or more. ACTION: Final rule. ACTION: Final rule. This final rule does not impose SUMMARY: This amendment supersedes SUMMARY: The Small Business additional reporting or record keeping an existing airworthiness directive (AD), Administration (SBA) regulations requirements which would be subject to applicable to certain Bombardier Model currently designate the Deputy General the Paperwork Reduction Act, 44 U.S.C. CL–600–2B19 series airplanes, that Counsel as the Designated Agency Chapter 35. currently requires revising the Ethics Official (DAEO). The Agency has This final rule does not have Limitations Section of the Airplane now appointed a different official as the federalism implications warranting the Flight Manual (AFM) to provide the DAEO and has determined that a preparation of a Federalism Assessment flight crew with procedures to check the regulation is not required to implement in accordance with Executive Order travel range of the aileron. That AD also this appointment. This amendment 12612. requires inspection for damage of the eliminates the paragraph that formerly This final rule is drafted, to the extent shear pins of the aileron flutter damper designated the Deputy General Counsel practicable, in accordance with the and aileron hinge fittings, and various as the DAEO, and amends a paragraph standards set forth in section 1 of follow-on actions. This amendment which identified the Deputy General Executive Order 12778. adds a requirement for accomplishment 48478 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations of an installation that eliminates the inspection for damage of the shear pins ‘‘significant regulatory action’’ under need for the AFM revision. This of the aileron flutter damper and aileron Executive Order 12866; (2) is not a amendment also adds airplanes to the hinge fittings, and various follow-on ‘‘significant rule’’ under DOT applicability of the existing AD. This actions. In addition, the action proposed Regulatory Policies and Procedures (44 amendment is prompted by reports of to add a requirement for FR 11034, February 26, 1979); and (3) failure of shear pins in the aileron accomplishment of an installation that will not have a significant economic flutter damper. The actions specified by eliminates the need for the AFM impact, positive or negative, on a this AD are intended to prevent damage revisions, and to add airplanes to the substantial number of small entities to the aileron hinge fittings due to failed applicability of the existing AD. under the criteria of the Regulatory shear pins, and consequent reduced Interested persons have been afforded Flexibility Act. A final evaluation has controllability of the airplane. an opportunity to participate in the been prepared for this action and it is DATES: Effective October 21, 1997. making of this amendment. No contained in the Rules Docket. A copy The incorporation by reference of comments were submitted in response of it may be obtained from the Rules Canadair Service Bulletin S.B. 601R– to the proposal or the FAA’s Docket at the location provided under 27–065, dated September 16, 1996, as determination of the cost to the public. the caption ADDRESSES. listed in the regulations, is approved by Conclusion the Director of the Federal Register as of List of Subjects in 14 CFR Part 39 October 21, 1997. The FAA has determined that air Air transportation, Aircraft, Aviation The incorporation by reference of safety and the public interest require the safety, Incorporation by reference, Canadair Regional Jet Alert Service adoption of the rule as proposed. Safety. Bulletin S.B. A601R–27–058, Revision Cost Impact Adoption of the Amendment ‘A,’ dated September 8, 1995, as listed in the regulations, was approved There are approximately 41 Accordingly, pursuant to the previously by the Director of the Federal Bombardier Model CL–600–2B19 series authority delegated to me by the Register as of January 4, 1996 (60 FR airplanes of U.S. registry that will be Administrator, the Federal Aviation 65521, December 20, 1995). affected by this AD. Administration amends part 39 of the The actions that are currently ADDRESSES: The service information Federal Aviation Regulations (14 CFR referenced in this AD may be obtained required by AD 95–26–07 take part 39) as follows: from Bombardier, Inc., Canadair approximately 10 work hours per PART 39ÐAIRWORTHINESS Aerospace Group, P.O. Box 6087, airplane to accomplish, at an average DIRECTIVES Station Centre-ville, Quebec H3C 3G9, labor rate of $60 per work hour. Based on these figures, the cost impact of the Canada. This information may be 1. The authority citation for part 39 currently required actions on U.S. examined at the Federal Aviation continues to read as follows: operators is estimated to be $24,600, or Administration (FAA), Transport Authority: 49 U.S.C. 106(g), 40113, 44701. Airplane Directorate, 1601 Lind $600 per airplane. The new actions that are required in Avenue, SW., Renton, Washington; or at §39.13 [Amended] this AD action will take approximately the FAA, Engine and Propeller 7 work hours per airplane to 2. Section 39.13 is amended by Directorate, New York Aircraft accomplish, at an average labor rate of removing amendment 39–9465 (60 FR Certification Office, 10 Fifth Street, $60 per work hour. Required parts will 65521, December 20, 1995), and by Third Floor, Valley Stream, New York; be supplied by the manufacturer at no adding a new airworthiness directive or at the Office of the Federal Register, cost to the operators. Based on these (AD), to read as follows: 800 North Capitol Street, NW., suite figures, the cost impact of the 97–19–11 Bombardier, Inc. (Formerly 700, Washington, DC. requirements of this AD on U.S. Canadair): Amendment 39–10132. FOR FURTHER INFORMATION CONTACT: operators is estimated to be $17,220, or Docket 97–NM–48–AD. Supersedes AD Franco Pieri, Aerospace Engineer, $420 per airplane. 95–26–07, Amendment 39–9465. Airframe and Propulsion Branch, ANE– The cost impact figures discussed Applicability: Model CL–600–2B19 171, FAA, Engine and Propeller above are based on assumptions that no (Regional Jet Series 100) series airplanes, Directorate, New York Aircraft operator has yet accomplished any of serial numbers 7003 through 7134 inclusive; certificated in any category. Certification Office, 10 Fifth Street, the current or proposed requirements of Third Floor, Valley Stream, New York this AD action, and that no operator Note 1: This AD applies to each airplane identified in the preceding applicability 11581; telephone (516) 256–7526; fax would accomplish those actions in the (568) 258–2716. provision, regardless of whether it has been future if this AD were not adopted. otherwise modified, altered, or repaired in SUPPLEMENTARY INFORMATION: A Regulatory Impact the area subject to the requirements of this proposal to amend part 39 of the Federal AD. For airplanes that have been modified, Aviation Regulations (14 CFR part 39) The regulations adopted herein will altered, or repaired so that the performance by superseding AD 95–26–07, not have substantial direct effects on the of the requirements of this AD is affected, the amendment 39–9465 (60 FR 65521, States, on the relationship between the owner/operator must request approval for an December 20, 1995), which is applicable national government and the States, or alternative method of compliance in to certain Bombardier Model CL–600– on the distribution of power and accordance with paragraph (i) of this AD. The 2B19 series airplanes, was published in responsibilities among the various request should include an assessment of the the Federal Register on April 15, 1997 levels of government. Therefore, in effect of the modification, alteration, or repair on the unsafe condition addressed by this (62 FR 18302). The action proposed to accordance with Executive Order 12612, AD; and, if the unsafe condition has not been continue to require a revision to the it is determined that this final rule does eliminated, the request should include Limitations Section of the Airplane not have sufficient federalism specific proposed actions to address it. Flight Manual (AFM) to provide the implications to warrant the preparation Compliance: Required as indicated, unless flight crew with procedures to check the of a Federalism Assessment. accomplished previously. travel range of the aileron. It also For the reasons discussed above, I To prevent damage to the aileron hinge proposed to continue to require certify that this action (1) is not a fittings due to failure of the shear pins, and Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48479 consequent reduced controllability of the shear pin replacement in accordance with the shear pins and shear links, aileron flutter airplane, accomplish the following: FAA-approved maintenance program is not dampers, pivots, and new shear link required. assemblies; in accordance with Canadair Restatement of Actions Required by AD 95– (2) For airplanes having serial numbers 26–07 Service Bulletin S.B. 601R–27–065, dated 7055 through 7079 inclusive: Repeat the September 16, 1996. Accomplishment of this (a) For airplanes having serial numbers inspection required by paragraph (b) of this installation constitutes terminating action for 7003 through 7079 inclusive: Within 7 days AD at intervals not to exceed 400 flight the AFM revisions required by paragraphs (a) after January 4, 1996 (the effective date of AD hours. At the next scheduled shear pin and (f) of this AD. 95–26–07, amendment 39–9465), revise the replacement, but no later than 1,500 landings (h) As of the effective date of this AD, no Limitations Section of the FAA-approved after accomplishing the initial inspection Airplane Flight Manual (AFM) to include the specified in paragraph (b) of this AD, remove person shall install an aileron flutter damper following. This may be accomplished by the aileron flutter dampers, shear link, and assembly, part number 600–10179–1, on any inserting a copy of this AD in the AFM. pivot, in accordance with Canadair Regional airplane. ‘‘Before engine start, prior to the first flight Jet Alert Service Bulletin S.B. A601R–27– (i) An alternative method of compliance or of each day, the flight crew or certificated 058, Revision ‘A,’ dated September 8, 1995. adjustment of the compliance time that maintenance personnel shall perform a check Following removal of the flutter dampers, the provides an acceptable level of safety may be of the travel range of the aileron as follows: shear pin replacement in accordance with the used if approved by the Manager, New York Aileron—Check travel range (to approx 1/2 FAA-approved maintenance program is not Aircraft Certification Office (ACO), FAA, travel) using each hydraulic system in required. Engine and Propeller Directorate. Operators turn, with the other hydraulic systems (d) If any shear pin is found to be damaged shall submit their requests through an depressurized.’’ during the inspection required by paragraph appropriate FAA Principal Maintenance Note 2: This AFM revision may also be (b) of this AD, prior to further flight, remove Inspector, who may add comments and then accomplished by inserting a copy of the aileron flutter dampers, shear link, and send it to the Manager, New York ACO. Temporary Revision RJ/45, dated September pivot, in accordance with Canadair Regional Jet Alert Service Bulletin S.B. A601R–27– Note 6: Information concerning the 7, 1995, or Temporary Revision RJ/45–2, existence of approved alternative methods of dated April 30, 1996, in the AFM. When 058, Revision ‘A,’ dated September 8, 1995. Following removal of the flutter dampers, compliance with this AD, if any, may be these temporary revisions have been obtained from the New York ACO. incorporated into general revisions of the shear pin replacement in accordance with the AFM, the general revisions may be inserted FAA-approved maintenance program is not (j) Special flight permits may be issued in in the AFM, provided the information required. accordance with sections 21.197 and 21.199 contained in the general revisions is identical (e) If any aileron hinge fitting is found to of the Federal Aviation Regulations (14 CFR to that specified in Temporary Revision RJ/ be damaged during the inspection required 21.197 and 21.199) to operate the airplane to 45 or RJ/45–2. by paragraph (b) of this AD, prior to further a location where the requirements of this AD Note 3: Operators should note that flight, repair in accordance with Canadair can be accomplished. operation of the aircraft remains restricted to Regional Jet Alert Service Bulletin S.B. (k) The inspections, removal, and repair A601R–27–058, Revision ‘A,’ dated the altitude and airspeed limits currently shall be done in accordance with September 8, 1995. specified in the FAA-approved AFM, [Canadair Regional Jet Alert Service Revision 34, Chapter 5, Abnormal New Actions Required by this AD Bulletin S.B. A601R–27–058, Revision ‘A,’ Procedures, Section 13, Hydraulic Power, (f) For airplanes having serial numbers dated September 8, 1995. The incorporation Paragraphs ‘‘A’’ through ‘‘C’’ and ‘‘M’’ 7080 through 7134 inclusive: Within 7 days by reference of that document was approved through ‘‘O.’’ after the effective date of this AD, revise the previously by the Director of the Federal (b) For airplanes having serial numbers Limitations Section of the FAA-approved Register, in accordance with 5 U.S.C. 552(a) 7003 through 7079 inclusive: Perform a AFM to include the following. This may be and 1 CFR part 51, as of January 4, 1996 (60 visual inspection to detect damage of the accomplished by inserting a copy of this AD FR 65521, December 20, 1995). The shear link, the shear pin, and the aileron in the AFM. installation shall be done in accordance with attachment fitting, in accordance with ‘‘Before engine start, prior to the first flight Canadair Service Bulletin S.B. 601R–27–065, Canadair Regional Jet Alert Service Bulletin of each day, the flight crew or certificated dated September 16, 1996. The incorporation S.B. A601R–27–058, Revision ’A,’ dated maintenance personnel shall perform a check by reference of this document is approved by September 8, 1995, at the time specified in of the travel range of the aileron as follows: paragraph (b)(1) or (b)(2) of this AD, as the Director of the Federal Register in Aileron—Check travel range (to approx 1⁄2 applicable. accordance with 5 U.S.C. 552(a) and 1 CFR travel) using each hydraulic system in turn, (1) For airplanes having serial numbers part 51. Copies of either document may be with the other hydraulic systems 7003 through 7054 inclusive: Inspect at the obtained from Bombardier, Inc., Canadair depressurized.’’ next scheduled shear pin replacement, but no Aerospace Group, P.O. Box 6087, Station later than 30 days after January 4, 1996. Note 4: This AFM revision may also be Centreville, Quebec H3C 3G9, Canada. (2) For airplanes having serial numbers accomplished by inserting a copy of Copies may be inspected at the Federal 7055 through 7079 inclusive: Inspect at the Temporary Revision RJ/45–2, dated April 30, Aviation Administration (FAA), Transport next scheduled shear pin replacement, but no 1996, in the AFM. When this temporary Airplane Directorate, 1601 Lind Avenue, later than 400 flight hours after January 4, revision has been incorporated into general SW., Renton, Washington; or at FAA, Engine revisions of the AFM, the general revisions 1996. and Propeller Directorate, New York Aircraft may be inserted in the AFM, provided the (c) If no shear pin is found to be damaged Certification Office, 10 Fifth Street, Third information contained in the general during the inspection required by paragraph Floor, Valley Stream, New York; or at the (b) of this AD, accomplish the requirements revisions is identical to that specified in Temporary Revision RJ/45–2. Office of the Federal Register, 800 North of either paragraph (c)(1) or (c)(2), as Capitol Street, NW., suite 700, Washington, applicable, at the times specified: Note 5: Operators should note that DC. (1) For airplanes having serial numbers operation of the aircraft remains restricted to (l) This amendment becomes effective on 7003 through 7054 inclusive: At the next the altitude and airspeed limits currently scheduled shear pin replacement, but no specified in the FAA-approved AFM, October 21, 1997. later than 400 flight hours after Revision 34, Chapter 5, Abnormal Issued in Renton, Washington, on accomplishing the inspection specified in Procedures, Section 13, Hydraulic Power, September 9, 1997. Paragraphs ‘‘A’’ through ‘‘C’’ and ‘‘M’’ paragraph (b) of this AD, remove the aileron James V. Devany, flutter dampers, shear link, and pivot, in through ‘‘O.’’ Acting Manager, Transport Airplane accordance with Canadair Regional Jet Alert (g) For airplanes having serial numbers Directorate, Aircraft Certification Service. Service Bulletin S.B. A601R–27–058, 7003 through 7134 inclusive: Within 18 Revision ‘A,’ dated September 8, 1995. months after the effective date of this AD, [FR Doc. 97–24341 Filed 9–15–97; 8:45 am] Following removal of the flutter dampers, the install redesigned aileron flutter damper BILLING CODE 4910±13±U 48480 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

DEPARTMENT OF DEFENSE § 505.5 Exemptions. Copies of the submitted rule revisions * * * * * are available for inspection at the Department of the Army (e) * * * following locations: (20) [Reserved]. Rulemaking Office (AIR–4), Air 32 CFR Part 505 * * * * * Division, U.S. Environmental The Army Privacy Program Dated: September 11, 1997. Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA AGENCY: Department of the Army, DOD. L. M. Bynum, 94105. ACTION: Final rule. Alternate OSD Federal Register Liaison Environmental Protection Agency, Air Officer, Department of Defense Docket (6102), 401 ‘‘M’’ Street, SW., SUMMARY: The Department of the Army deleted an exempt Privacy Act system of [FR Doc. 97–24534 Filed 9–15–97; 8:45 am] Washington, DC 20460. California Air Resources Board, records notice on July 7, 1997 at 62 FR BILLING CODE 5000±04±F Stationary Source Division, Rule 36266. This action deletes the Evaluation Section, 2020 ‘‘L’’ Street, corresponding exemption rule from 32 CFR part 505. ENVIRONMENTAL PROTECTION Sacramento, CA 95814. Northern Sierra Air Quality EFFECTIVE DATE: September 16, 1997. AGENCY FOR FURTHER INFORMATION CONTACT: Ms. Management District, 540 Searls Janice Thornton at (703) 806–4390 or 40 CFR Part 52 Avenue, Nevada City, CA 95959. FOR FURTHER INFORMATION CONTACT: DSN 656–4390. [CA 185±0047a FRL±5888±8] SUPPLEMENTARY INFORMATION: Cynthia G. Allen, Rulemaking Office Executive Order 12866. It has been Approval and Promulgation of (AIR–4), Air Division, U.S. determined that this Privacy Act rule for Implementation Plans; California State Environmental Protection Agency, the Department of Defense does not Implementation Plan Revision, Region IX, 75 Hawthorne Street, San constitute ‘significant regulatory action’. Northern Sierra Air Quality Francisco, CA 94105, Telephone: (415) Analysis of the rule indicates that it Management District 744–1189. does not have an annual effect on the SUPPLEMENTARY INFORMATION: economy of $100 million or more; does AGENCY: Environmental Protection not create a serious inconsistency or Agency (EPA). I. Applicability otherwise interfere with an action taken ACTION: Direct final rule. The rules being approved into the or planned by another agency; does not California SIP include: NSAQMD Rule SUMMARY: EPA is taking direct final materially alter the budgetary impact of 101, Title; Rule 102, Definitions; Rule action on revisions to the California entitlements, grants, user fees, or loan 202, Visible Emissions; Rule 203, State Implementation Plan. The programs or the rights and obligations of Exceptions to Rule 202; Rule 204, Wet revisions concern rules for Northern recipients thereof; does not raise novel Plumes Rule 206, Incinerator Burning; Sierra Air Quality Management District legal or policy issues arising out of legal Rule 207, Particulate Matter; Rule 208, (NSAQMD or District). This approval mandates, the President’s priorities, or Orchard or Citrus Heaters; Rule 209, action will incorporate these rules into the principles set forth in Executive Fossil Fuel Steam Generator Facility; the federally approved SIP. The Order 12866. Rule 210, Specific Contaminants; Rule Regulatory Flexibility Act. It has been intended effect of approving these rules 212, Process Weight Table; Rule 213, determined that this Privacy Act rule for is to regulate emissions of volatile Storage of Gasoline Products; Rule 221, the Department of Defense does not organic compounds (VOCs), oxides of Reduction of Animal Matter; Rule 222, have significant economic impact on a nitrogen (NOX) and other pollutants in Abrasive Blasting; Rule 225, substantial number of small entities accordance with the requirements of the Compliance; Rule 300, General because it is concerned only with the Clean Air Act, as amended in 1990 Definitions; Rule 301, Compliance; Rule administration of Privacy Act systems of (CAA of the Act). These revisions 313, Burn Day; Rule 314, Minimum records within the Department of consist of administrative and minor Drying Times; Rule 315, Burning Defense. changes to a wide range of rules that Management Requirements; and Rule Paperwork Reduction Act. It has been have been previously incorporated into 317, Mechanized Burners Requirements. determined that this Privacy Act rule for the federally approved SIP. Thus, EPA These rules were submitted by the the Department of Defense imposes no is finalizing the approval of these California Air Resources Board to EPA information requirements beyond the revisions into the California SIP under on October 28, 1996. Department of Defense and that the provisions of the CAA regarding EPA information collected within the action on SIP submittals, SIPs for I. Background Department of Defense is necessary and national primary and secondary ambient On March 3, 1978, EPA promulgated consistent with 5 U.S.C. 552a, known as air quality standards and plan a list of ozone nonattainment areas the Privacy Act, and 44 U.S.C. Chapter requirements for nonattainment areas. under the provisions of the Clean Air 35. EFFECTIVE DATE: This action is effective Act, as amended in 1977 (1977 Act or List of Subjects in 32 CFR part 505 on November 17, 1997 unless adverse or pre-amended Act), that listed Nevada, critical comments are received by Plumas and Sierra Counties as Privacy. October 16, 1997. If the effective date is Accordingly, 32 CFR part 505 is ‘‘unclassifiable/attainment’’. 43 FR delayed, a timely notice will be 8964, 40 CFR 81.305. In response to amended as follows: published in the Federal Register. 1. The authority citation for 32 CFR section 110(a) of the Act and other part 505 continues to read as follows: ADDRESSES: Comments must be requirements, the Nevada, Plumas and Authority: Pub. L. 93–579, 88 Stat 1896 (5 submitted to Cynthia G. Allen at the Sierra Air Pollution Control Districts U.S.C.552a). Region IX office listed below. Copies of (APCDs) submitted many rules which 2. Section 505.5 is amended by the rule revisions are available for EPA approved into the SIP. On removing and reserving paragraph public inspection at EPA’s Region IX September 11, 1991, California (e)(20) as follows: office during normal business hours. consolidated the Nevada, Plumas, and Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48481

Sierra County APCDs within the EPA previously reviewed many rules • Rule 406, Combination of Emissions NSAQMD. Also on September 11, 1991, from the Nevada, Plumas and Sierra (submitted 4/10/75) June 10, 1992, May 11, 1994, and County Air Pollution Control Districts • Rule 407, Circumvention (submitted August 14, 1996, the NSAQMD adopted and incorporated them into the federally 6/6/77) many rules that reformatted and approved SIP pursuant to section • Rule 408, Source Recordkeeping and consolidated rules from the three 110(k)(3) of the CAA. Those rules that Reporting (submitted 4/10/75) subsumed air districts. These revised are being superseded and/or deleted 3 by • Rule 409, Public Records (submitted rules consolidate the District rules into today’s action are as follows: 6/6/77) a single set of regulations applicable • Rule 507, Provision of Sampling and throughout the NSAQMD. Nevada County Air Pollution Control Testing Facilities (submitted 6/6/77) This document addresses EPA’s District Plumas County Air Pollution Control direct-final action for the following • Rule 101, Title (submitted 4/10/75) District NSAQMD rules: Rule 101, Title; Rule • Rule 102, Definitions (submitted 4/10/ 102, Definitions; Rule 202, Visible 75, 6/6/77) • Rule 101, Title (submitted 1/10/75) Emissions; Rule 203, Exceptions to Rule • Rule 103, Enforcement (submitted 6/ • Rule 102, Definitions (submitted 1/10/ 202; Rule 204, Wet Plumes; Rule 206, 6/77) 75, 6/6/77) Incinerator Burning; Rule 207, • Rule 104, No Title (submitted 6/6/77) • Rule 202, Visible Emissions Particulate Matter; Rule 208, Orchard or • Rule 202, Visible Emissions (submitted 1/10/75) Citrus Heaters; Rule 209, Fossil Fuel (submitted 4/10/75) • Rule 203, Exceptions (submitted 6/22/ Steam Generator Facility; Rule 212, • Rule 203, Exceptions (submitted 4/10/ 81) Process Weight Table; Rule 213, Storage 75, 6/6/77, 2/21/72) • Rule 204, Wet Plumes (submitted 1/ of Gasoline; Rule 221, Reduction of • Rule 204, Wet Plumes (submitted 4/ 10/75) Animal Matter; Rule 222, Abrasive 10/75, 2/21/72) • Rule 206, Incinerator Burning Blasting; Rule 223, Enforcement; Rule • Rule 206, Incinerator Burning (submitted 1/10/75, 6/6/77) 225, Compliance; Rule 300, General (submitted 4/10/75, 6/6/77) • Rule 207, Particulate Matter Definitions; Rule 301, Compliance; Rule • Rule 207, Particulate Matter (submitted 6/6/77) 313, Burn Day; Rule 314, Minimum (submitted 10/15/79) • Rule 208, Orchard or Citrus Heaters Drying Times; Rule 315, Burning • Rule 208, Orchard or Citrus Heaters (submitted 6/6/77) Management Requirements; Rule 316, (submitted 4/10/75) • Rule 209, Fossil Fuel-Steam Generator Burn Plan Preparation; and Rule 317, • Rule 209, Fossil Fuel-Steam Separator Facility (1/10/75) Mechanized Burners Requirements. Facility (submitted 4/10/75) • Rule 214, Reduction of Animal Matter These rules were adopted by • Rule 210, Specific Contaminant (submitted 1/10/75) NSAQMD on September 11, 1991 and (submitted 10/15/79) • Rule 215, Abrasive Blasting May 11, 1994 and submitted by the • Rule 214, Reduction of Animal Matter (submitted 6/6/77) State of California for incorporation into (submitted 4/10/75) • Rule 216, Enforcement (submitted 6/ its SIP on October 28, 1996. These rules • Rule 216, Abrasive Blasting 6/77) were found to be complete on December (submitted 6/6/77) • Rule 216–50, Visible Emissions 19, 1996, pursuant to EPA’s • Rule 218, Compliance Tests (submitted 1/10/75) completeness criteria that are set forth (submitted 10/15/79) • Rule 216–51, Exceptions to Rule 50 in 40 CFR part 51, Appendix V 1 and are • Rule 305, Permit Validity (submitted (submitted 1/10/75) being finalized for approval into the SIP. 4/10/75) • Rule 304, Range Improvement These rules and their predecessors were • Rule 306, No-Burn Days (submitted Burning (submitted 6/22/81) originally adopted as part of NSAQMD’s 10/15/79) • Rule 305, Forest Management Burning efforts to achieve the National Ambient • Rule 308, Burning Reports (submitted (submitted 6/22/81) Air Quality Standards (NAAQS) for 4/10/75) • Rule 311, Recreational Activity ozone and in response to EPA’s SIP-Call • Rule 309, Amount Burned Daily (submitted 6/22/81) and the section 182(a)(2)(A) CAA (submitted 4/10/75) • Rule 313, No Burn Day (submitted 6/ requirement. • Rule 310, Approved Ignition Devices 22/81) The following is EPA’s evaluation and (submitted 4/10/75) • Rule 314, Burning Permits (submitted final action for these rules. • Rule 311, Restricted Burning Days 6/22/81) (submitted 4/10/75) • Rule 315, Minimum Drying Times II. EPA Evaluation and Action • Rule 312, Wind Direction (submitted (submitted 6/22/81) In determining the approvability of a 4/10/75) • Rule 316, Burning Management rule, EPA must evaluate the rule for • Rule 313, Minimum Drying Times (submitted 6/22/81) consistency with the requirements of (submitted 4/10/75) • Rule 318, Enforcement Responsibility the CAA and EPA regulations, as found • Rule 315, Preparation of Material to (submitted 6/22/81) in section 110 and part D of the CAA be Burned (submitted 4/10/75) • Rule 319, Penalty (submitted 6/22/81) and 40 CFR part 51 (Requirements for • Rule 405, Separation of Emissions • Rule 405, Separation of Emissions Preparation, Adoption, and Submittal of (submitted 4/10/75) (submitted 1/10/75) Implementation Plans). The EPA • Rule 406, Combination of Emissions interpretation of these requirements post-1987 ozone and carbon monoxide policy that (submitted 1/10/75) appears in various EPA policy guidance concern RACT, 52 FR 45044 (November 24, 1987); • Rule 510, Separation of Emissions 2 ‘‘Issues Relating to VOC Regulation Cutpoints, documents. Deficiencies, and Deviations, Clarification to (submitted 6/22/81) Appendix D of November 24, 1987 Federal Register • Rule 511, Combination of Emissions 1 EPA adopted the completeness criteria on Notice’’ (Blue Book) (notice of availability was (submitted 6/22/81) February 16, 1990 (55 FR 5830) and, pursuant to published in the Federal Register on May 25, 1988); • Rule 512, Circumvention (submitted section (110)(k)(1)(A) of the CAA, revised the and the existing control technique guidelines 6/22/81) criteria on August 26, 1991 (56 FR 42216). (CTGs). • 2 Among other things, the pre-amendment 3 Listed rules are superseded unless designated as Rule 513, Source Recordkeeping guidance consists of those portions of the proposed deleted. (submitted 6/22/81) 48482 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

• Rule 514, Public Records and Trade • Rule 513, Source Recordkeeping comments. However, in a separate Secrets (submitted 6/22/81) (submitted 6/22/81) document in this Federal Register • Rule 515, Provision of Sampling and • Rule 514, Public Records and Trade publication, the EPA is proposing to Testing Facilities (submitted 6/22/81) Secrets (submitted 6/22/81) approve the SIP revision should adverse • Rule 515, Provision of Sampling and Sierra County Air Pollution Control or critical comments be filed. This Testing Facilities (submitted 6/22/81) District action will be effective November 17, EPA has evaluated the consolidated 1997, unless, by October 16, 1997, • Rule 101, Title (submitted 1/10/75) adverse or critical comments are • NSAQMD rules submitted in October Rule 102, Definitions (submitted 1/10/ 1996 and compared them to the rules received. 75, 6/6/77) currently incorporated in the SIP. In all • Rule 202, Visible Emissions If the EPA receives such comments, cases the rules have been reformatted this action will be withdrawn before the (submitted 1/10/75) and changed editorially. In some cases • Rule 203, Exceptions (submitted 6/22/ effective date by publishing a there have also been minor substantive subsequent document that will 81) improvements. For example, where the • Rule 204, Wet Plumes (submitted 1/ withdraw the final action. All public three subsumed air districts had slightly comments received will then be 10/75) different requirements for similar • Rule 206, Incinerator Burning addressed in a subsequent final rule sources, the consolidated rule now based on this action serving as a (submitted 1/10/75) applies to the most stringent of the • Rule 207, Particulate Matter proposed rule. The EPA will not requirements to the entire area. In no institute a second comment period on (submitted 5/23/79) case does this action represent a • Rule 208, Orchard or Citrus Heaters this action. Any parties interested in relaxation of any requirement. commenting on this action should do so (submitted 6/6/77) The NSAQMD rules being approved • Rule 209, Fossil Fuel Steam Generator at this time. If no such comments are by this action to revise the SIP include: received, the public is advised that this Facility (submitted 1/10/75) • • Rule 101, Title action will be effective November 17, Rule 210, Specific Contaminants • Rule 102, Definitions 1997. (submitted 5/23/79) • • Rule 211, Process Weight Per Hour Rule 202, Visible Emissions • III. Administrative Requirements (submitted 5/23/79) Rule 203, Exceptions to Rule 202 • Rule 204, Wet Plumes • Rule 212, Process Weight Table A. Executive Order 12866 • Rule 206, Incinerator Burning (submitted 1/10/75) • • Rule 207, Particulate Matter The Office of Management and Budget Rule 213, Storage of Petroleum • Rule 208, Orchard or Citrus Heaters (OMB) has exempted this regulatory Products (submitted 1/10/75) • • Rule 214, Reduction of Animal Matter Rule 209, Fossil Fuel Steam Generator action from E.O. 12866 review. (submitted 1/10/75) Facility • B. Regulatory Flexibility Act • Rule 215, Abrasive Blasting Rule 210, Specific Contaminants • Rule 212, Process Weight Table (submitted 6/6/77) • Under the Regulatory Flexibility Act, • Rule 216, Enforcement (submitted 6/ Rule 213, Storage of Gasoline Products 5 U.S.C. 600 et seq., EPA must prepare 6/77) • a regulatory flexibility analysis • Rule 218, Compliance Tests Rule 221, Reduction of Animal Matter • Rule 222, Abrasive Blasting assessing the impact of any proposed or (submitted 5/23/79) • final rule on small entities. 5 U.S.C. 603 • Rule 303, Agricultural Burning Rule 225, Compliance • Rule 300, General Definitions and 604. Alternatively, EPA may certify (submitted 6/22/81) • that the rule will not have a significant • Rule 304, Range Improvement Rule 301, Compliance • Rule 313, Burn Day impact on a substantial number of small Burning (submitted 6/22/81) • entities. Small entities include small • Rule 305, Forest Management Burning Rule 314, Minimum Drying Times • Rule 315, Burning Management businesses, small not-for-profit (submitted 6/22/81) enterprises, and government entities • Rule 311, Recreational Activity Requirements • Rule 316, Burn Plan Preparation with jurisdiction over populations of (submitted 6/22/81) • less than 50,000. • Rule 313, No Burn Day (submitted 6/ Rule 317, Mechanized Burners 22/81) Requirements SIP approvals under section 110 and • Rule 314, Burning Permits (submitted Other NSAQMD rules submitted with subchapter I, part D of the Clean Air Act 6/22/81) these rules on October 28, 1996, will be do not create any new requirements but • Rule 315, Minimum Drying Times acted on separately because they simply approve requirements that the (submitted 6/22/81) involve technical issues and require State is already imposing. Therefore, • Rule 316, Burning Management more detailed review. because the Federal SIP approval does (submitted 6/22/81) Nothing in this action should be not impose any new requirements, the • Rule 318, Enforcement Responsibility construed as permitting or allowing or Administrator certifies that it does not (submitted 6/22/81) establishing a precedent for any future have a significant impact on any small • Rule 319, Penalty (submitted 6/22/81) implementation plan. Each request for entities affected. Moreover, due to the • Rule 405, Separation of Emissions revision to the state implementation nature of the Federal-State relationship (submitted 1/10/75) plan shall be considered separately in under the CAA, preparation of a • Rule 406, Combination of Emissions light of specific technical, economic, flexibility analysis would constitute (submitted 1/10/75) and environmental factors and in Federal inquiry into the economic • Rule 510, Separation of Emissions relation to relevant statutory and reasonableness of state action. The (submitted 6/22/81) regulatory requirements. Clean Air Act forbids EPA to base its • Rule 511, Combination of Emissions EPA is publishing this document actions concerning SIPs on such (submitted 6/22/81) without prior proposal because the grounds. Union Electric Co. v. U.S. EPA, • Rule 512, Circumvention (submitted Agency views this as a noncontroversial 427 U.S. 246, 255–66 (1976); 42 U.S.C. 6/22/81) amendment and anticipates no adverse 7410(a)(2). Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48483

C. Unfunded Mandates Reform Act enforce its requirements. (See section 301, 314, 315, and 317, adopted on 307(b)(2).) September 11, 1991, Rule 102 adopted Under section 202 of the Unfunded on May 11, 1994, Rule 313 adopted on List of Subjects in 40 CFR Part 52 Mandates Reform Act of 1995 June 10, 1992, and Rule 316 adopted on (‘‘Unfunded Mandates Act’’), signed Environmental protection, Air August 14, 1996. into law on March 22, 1995, EPA must pollution control, Hydrocarbons, prepare a budgetary impact statement to Incorporation by reference, [FR Doc. 97–24419 Filed 9–15–97; 8:45 am] accompany any proposed or final rule Intergovernmental relations, Ozone, BILLING CODE 6560±50±P that includes a Federal mandate that Reporting and recordkeeping may result in estimated costs to State, requirements, Volatile organic ENVIRONMENTAL PROTECTION local, or tribal governments in the compounds. aggregate; or to private sector, of $100 AGENCY Dated: August 22, 1997. million or more. Under section 205, 40 CFR Part 52 EPA must select the most cost-effective John Wise, and least burdensome alternative that Acting Regional Administrator. [CA 167±0036a; FRL±5888±6] achieves the objectives of the rule and Part 52, chapter I, title 40 of the Code is consistent with statutory of Federal Regulations is amended as Approval and Promulgation of requirements. Section 203 requires EPA follows: Implementation Plans; California State to establish a plan for informing and Implementation Plan Revision; South PART 52Ð[AMENDED] advising any small governments that Coast Air Quality Management District may be significantly or uniquely 1. The authority citation for part 52 AGENCY: Environmental Protection impacted by the rule. continues to read as follows: Agency (EPA). EPA has determined that the approval Authority: 42 U.S.C. 7401–7671q. ACTION: Direct final rule. action promulgated does not include a Federal mandate that may result in Subpart FÐCalifornia SUMMARY: EPA is taking direct final estimated costs of $100 million or more action on revisions to the California 2. Section 52.220 is amended by to either State, local, or tribal State Implementation Plan (SIP). The adding paragraphs (c) (26)(ix)(B) and governments in the aggregate, or to the revisions concern emergency episode (26)(xvi)(E), (27)(vii)(C), (39)(viii)(D), private sector. This Federal action rules from the South Coast Air Quality (39)(ix)(C), (39)(x)(C), and (246) to read approves pre-existing requirements Management District (SCAQMD). This as follows: under State or local law, and imposes approval action will incorporate one no new Federal requirements. § 52.220 Identification of plan. rule into the federally approved SIP and Accordingly, no additional costs to * * * * * remove fourteen from the SIP. The State, local, or tribal governments, or to (c) * * * intended effect of approving this rule is the private sector, result from this (26) * * * to update the episode criteria and to action. (ix) * * * eliminate redundant reporting requirements in accordance with the D. Submission to Congress and the (B) Previously approved and now deleted, Rule 102. requirements of the Clean Air Act, as General Accounting Office amended in 1990 (CAA or the Act). * * * * * Under 5 U.S.C. 801(a)(1)(A) as added (xvi) * * * Thus, EPA is finalizing the approval of by the Small Business Regulatory (E) Previously approved and now these revisions into the California SIP Enforcement Fairness Act of 1996, EPA deleted, Rule 102. under provisions of the CAA regarding submitted a report containing this rule EPA action on SIP submittal, SIPs for * * * * * national primary and secondary ambient and other required information to the (27) * * * air quality standards and plan U.S. Senate, the U.S. House of (vii) * * * requirements for nonattainment areas. Representatives and the Comptroller (C) Previously approved and now General of the General Accounting deleted, Rule 102. DATES: This action is effective on November 17, 1997 unless adverse or Office prior to publication of the rule in * * * * * critical comments are received by today’s Federal Register. This rule is (39) * * * not a ‘‘major’’ rule as defined by 5 (viii)* * * October 16, 1997. If the effective date is U.S.C. 804(2). (D) Previously approved and now delayed, a timely notice will be published in the Federal Register. E. Petitions for Judicial Review deleted, Rule 102. (ix) * * * ADDRESSES: A copy of the rule and Under section 307(b)(1) of the Clean (C) Previously approved and now EPA’s evaluation report is available for Air Act, petitions for judicial review of deleted, Rule 102. public inspection at EPA’s Region IX this action must be filed in the United (x) * * * office during normal business hours. A States Court of Appeals for the (C) Previously approved and now copy of the submitted rule is available appropriate circuit by November 17, deleted, Rule 102. for inspection at the following locations: 1997. Filing a petition for * * * * * Rulemaking Office (AIR–4), Air reconsideration by the Administrator of (246) New and amended regulations Division, U.S. Environmental this final rule does not affect the finality for the following APCDs were submitted Protection Agency, Region IX, 75 of this rule for the purposes of judicial on October 28, 1996, by the Governor’s Hawthorne Street, San Francisco, CA review nor does it extend the time designee. 94105. within which a petition for judicial (i) Incorporation by reference. Environmental Protection Agency, Air review may be filed, and shall not (A) Northern Sierra Air Quality Docket (6102), 401 ‘‘M’’ Street, SW., postpone the effectiveness of such rule Management District. Washington, DC 20460. or action. This action may not be (1) Rules 101, 202, 203, 204, 206, 207, California Air Resources Board, challenged later in proceedings to 208, 209, 210, 221, 222, 223, 225, 300, Stationary Source Division, Rule 48484 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Evaluation Section, 2020 ‘‘L’’ Street, the State of California for incorporation A revised version of rule 701 was Sacramento, CA 95814. into its SIP on January 31, 1996. This adopted on September 8, 1995 and South Coast Air Quality Management rule was found to be complete on April submitted to EPA on January 31, 1996. District, 21865 E. Copley Drive, 2, 1996, pursuant to EPA’s completeness EPA has evaluated the submitted rule Diamond Bar, CA 91765. criteria that are set forth in 40 CFR part and has determined that it is consistent FOR FURTHER INFORMATION CONTACT: 51, appendix V 1 and is being finalized with the CAA, EPA regulations, and Cynthia G. Allen, Rulemaking Office for approval into the SIP. EPA policy. Rule 701, Air Pollution (AIR–4), Air Division, U.S. The following is EPA’s evaluation and Emergency Contingency Action, has Environmental Protection Agency, final action for this rule. been revised by consolidating the provisions of existing Rules 702 through Region IX, 75 Hawthorne Street, San EPA Evaluation and Action Francisco, CA 94105, Telephone: (415) 715 into amended Rule 701. These 744–1189. In determining the approvability of a modifications are generaly Emergency Episode rule, EPA must administrative in nature, and in no case SUPPLEMENTARY INFORMATION: evaluate the rule for consistency with does this action represent a relaxation of Applicability the requirements of the CAA and EPA an EPA approved requirement. regulations as found in section 110 and Therefore, SCAQMD’s Rule 701, Air The rule being approved into the part D of the CAA and 40 CFR part 51 Pollution Emergency Contingency California SIP includes SCAQMD Rule (Requirements for Preparation, Action, is being approved under section 701, Air Pollution Emergency Adoption, and Submittal of 110(k)(3) of the CAA as meeting the Contingency Actions. This rule was Implementation Plans). The EPA requirements of section 110(a) and part submitted by the California Air interpretation of these requirements, D. Resources Board to EPA on January 31, which forms the basis for today’s action, Nothing in this action should be 1996. The rules being removed from the appears in various EPA policy guidance construed as permitting or allowing or SIP are SCAQMD Rule 702, Definitions, documents. establishing a precedent for any future Rule 703, Episode Criteria, Rule 704, Those rules that are being rescinded implementation plan. Each request for Episode Declaration, Rule 705, by today’s action are listed below. EPA revision to the state implementation Termination of Episodes, Rule 706, previously approved all these rules into plan shall be considered separately in Episode Notification, Rule 707, Radio the SIP. light of specific technical, economic, Communication System, Rule 708, • Rule 702, Definitions, submitted 08/ and environmental factors and in Plans, Rule 708.1, Stationary Sources 15/80 and 04/23/80 relation to relevant statutory and Required to File Plans, Rule 708.2, • Rule 703, Episode Criteria, submitted regulatory requirements. Content of Stationary Source 04/23/80 EPA is publishing this document Curtailment Plans, Rule 708.3, • Rule 704, Episode Declaration, without prior proposal because the Transportation Management Plans, Rule submitted 04/23/80 Agency views this as a noncontroversial 708.4, Procedural Requirements for • Rule 705, Termination of Episodes, amendment and anticipates no adverse Plans, Rule 709, First Stage Episode submitted 04/23/80 comments. However, in a separate Actions, Rule 710, Second Stage • Rule 706, Episode Notification, document in this Federal Register Episode Actions, Rule 711, Third Stage submitted 04/23/80 publication, the EPA is proposing to Episode Actions, Rule 712, Sulfate • Rule 707, Radio Communication approve the SIP revision should adverse Episode Actions, Rule 713, Interdistrict System, submitted 08/15/80 or critical comments be files. This Coordination, Rule 714, Source • Rule 708, Plans, submitted 08/15/80 action will be effective November 17, Inspections, and Rule 715, Burning of • Rule 708.1, Stationary Sources 1997 unless, by October 16, 1997, Fossil Fuel on Episode Days. Required to File Plans, 06/01/77 adverse or critical comments are • Rule 708.2, Content of Stationary Background received. Source Curtailment Plans, 11/04/77 If the EPA receives such comments, On March 3, 1978, EPA promulgated • Rule 708.3, Transportation this action will be withdrawn before the a list of ozone nonattainment areas Management Plans, submitted 11/08/ effective date by publishing a under the provisions of the Clean Air 82 subsequent document that will • Act, as amended in l977 (1977 Act or Rule 708.4, Procedural Requirements withdraw the final action. All public pre-amended Act), that included the for Plans, submitted 08/15/80 comments received will then be • South Coast Air Quality Management Rule 709, First Stage Episode Actions, addressed in a subsequent final rule District. 43 FR 8964, 40 CFR 81.305. The submitted 08/15/80; 04/23/80; and based on this action serving as a reqirements for the Prevention of Air 04/02/80 • proposed rule. The EPA will not Pollution Emergency Episodes for sulfur Rule 710, Second Stage Episode institute a second comment period on dioxide, carbon monoxide, nitrogen Actions, submitted 08/15/80 and 04/ this action. Any parties interested in dioxide, ozone and particulate matter 23/80 • commenting on this action should do so are located in 40 CFR part 51, subpart Rule 711, Third Stage Episode at this time. If no such comments are H. These requirements include Actions, submitted 08/15/80 and 04/ received, the public is advised that this provisions for classification of regions 23/80 • action will be effective November 17, for episodes plans, significant harm Rule 713, Interdistrict Coordination, 1997. levels, contingency plans and re- submitted 04/23/80 • evaluation of episode plans. SCAQMD Rule 714, Source Inspections, Regulatory Flexibility Act submitted 04/23/80 previously adopted Rules 701–715 in • Under the Regulatory Flexibility Act, response to these reqirements. SCAQMD Rule 715, Burning of Fossil Fuel on 5 U.S.C. 600 et seq., EPA must prepare Rule 701 has now been revised to Episode Days, submitted 04/23/80 a regulatory flexibility analysis include all of the requirements assessing the impact of any proposed or 1 EPA adopted the completeness criteria on previously found in these Rules. February 16, 1990 (55 FR 5830) and, pursuant to final rule on small entities. 5 U.S.C. 603 Rule 701 was adopted by SCAQMD section (110)(k)(1)(A) of the CAA, revised the and 604, Alternatively, EPA may certify on September 8, 1995 and submitted by criteria on August 26, 1991 (56 FR 42216). that the rule will not have a significant Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48485 impact on a substantial number of small the U.S. Senate, the U.S. House of FEDERAL COMMUNICATIONS entities. Small entities include small Representatives and the Comptroller COMMISSION businesses, small not-for-profit General of the General Accounting enterprises and government entities Officeprior to publication of this action 47 CFR Parts 61 and 69 with jurisdiction over population of less in today’s Federal Register. This action [CC Docket Nos. 96±262, 94±1, 91±213, 96± than $50,000.00. is not a ‘‘major action’’ as defined by 5 263; FCC 97±158, FCC 97±159] SIP approvals under sections 110 and U.S.C. 804(2). 301(a) and subchapter I, part D of the Access Charge Reform; Price Cap This action has been classified as a CAA do not create any new Performance Review for Local requirements, but simply approve Table 3 action for signature by the Exchange Carriers; Transport Rate requirements that the State is already Regional Administrator under the Structure and Pricing; Usage of the imposing. Therefore, because the procedures the Federal Register on Public Switched Network by Federal SIP approval does not impose January 19, 1989 (54 FR 2214–2225), as Information Service and Internet any new requirements. I certify that it revised by a July 10, 1995 memorandum Access Providers does not have a significant impact on from Mary Nichols, published in any small entities affected. Moreover, Assistant Administrator for Air and AGENCY: Federal Communications due to the nature of the Federal-state Radiation. The Office of Management Commission. relationship under the CAA, preparation and Budget (OMB) has exempted this ACTION: Notification of OMB approval of a regulatory flexibility analysis would action from review under Executive and effective dates; correction. constitute Federal inquiry into the Order 12866 review. economic reasonableness of state action. SUMMARY: This document provides The CAA forbids EPA to base its action List of Subjects in 40 CFR Part 52 notification that OMB approved the concerning SIPs on such grounds. information collections resulting from Union Electric Co. v. U.S. EPA, 427 U.S. Environmental protection, Air amendments and additions to 246, 256–66 (S.Ct. 1976); 42 U.S.C. pollution control, Hydrocarbons, Commission rules relating to access 7410(a)(2). Incorporation by reference, charge reform as set out in the Access Intergovernmental relations, Ozone, Charge Reform First Report and Order. Unfunded Mandates Reform Act Reporting and recordkeeping This document also corrects the Under sections 202, 203, and 205 of requirements. summary of the Commission’s Report the Unfunded Mandates Reform Act of Dated: August 22, 1997. and Order reforming access charges 1995 (‘‘Unfunded Mandates Act’’), published in the Federal Register of John Wise, signed into law on March 22, 1995, EPA June 11, 1997 (62 FR 31868) (Access must undertake various actions in Acting Regional Administrator. Charge Reform Order), the summary of association with proposed or final rules Part 52, chapter I, title 40 of the Code the Commission’s Report and Order that include a Federal mandate that may of Federal Regulations is amended as revising its price cap regulations for result in estimated costs of $100 million follows: incumbent local exchange carriers or more to the private sector or to State, published in the Federal Register of local, or tribal governments in the PART 52Ð[AMENDED] June 11, 1997 (62 FR 31939) (X-Factor aggregate. Order), and the correction of the access Through submission of this state 1. The authority citation for part 52 charge reform summary published in implementation plan or plan revision, continues to read as follows: the Federal Register of July 29, 1997 (62 the State and any affected local or tribal Authority: 42 U.S.C. 7401–7671q. FR 40460) (Access Charge Reform governments have elected to adopt the Correction). program provided for under part D of Subpart FÐCalifornia EFFECTIVE DATE: September 16, 1997. the Clean Air Act. These rules may bind State, local, and tribal governments to 2. Section 52.220 is amended by FOR FURTHER INFORMATION CONTACT: perform certain actions and also require adding paragraph (c)(229)(i)(A)(2) to Richard Lerner, Attorney, Common the private sector to perform certain read as follows: Carrier Bureau, Competitive Pricing duties. The rules being approved by this Division, (202) 418–1520, email: § 52.220 Identification of plan. actin will impose no new requirements [email protected]. because affected sources are already * * * * * SUPPLEMENTARY INFORMATION: The subject to these regulations under State (c) * * * Commission sought OMB approval for certain information collections pursuant law. Therefore, no additional costs to (229) * * * State, local, or tribal governments or to to rule amendments and additions in the private sector result from this. EPA (i) * * * the Access Charge Reform Order. OMB has determined that this final action (A) * * * approved the information collections on does not include a mandate that may June 12, 1997. In the Access Charge (2) Rule 701, adopted on September 9, Reform Order, the effective dates for result in estimated costs of $100 million 1995. or more to State, local, or tribal several rule amendments and additions governments in the aggregate or to the * * * * * were contingent upon OMB approval. private sector. [FR Doc. 97–24415 Filed 9–15–97; 8:45 am] With OMB’s approval, these contingent BILLING CODE 6560±50±F dates are no longer necessary. The X- Submission to Congress and the Factor Order amended rules General Accounting Office promulgated in the Access Charge Under 5 U.S.C. 801(a)(1)(A) as added Reform Order. One of these by the Small Business Regulatory amendments concerned a rule that had Enforcement Fairness Act of 1996, EPA an effective date contingent on OMB submitted a report containing this approval. In light of the OMB approval action and other required information to on June 12, 1997, we clarify the effective 48486 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations dates of the rules and amendments in Local Exchange Carriers Fourth Report SUPPLEMENTARY INFORMATION: On the Access Charge Reform Order and the and Order summary (62 FR 31939), Febuary 10, 1997, the Commission X-Factor Order. We also correct the which was the subject of FR Doc. 97– published the Federal Register Access Charge Reform Order and the 14746, is clarified as follows: summary of the Part 25 Streamlining Access Charge Reform Correction to On June 12, 1997, OMB granted Order (FCC 96–425, 62 FR 5924 clarify the deletion and replacement of approval of information collections (February 10, 1997)). The Part 25 Subpart C. pursuant to rule amendments and Streamlining Order streamlined the These documents are corrected as additions in the Access Charge Reform existing application and licensing follows: First Report and Order, making those procedures, reduced reporting amendments to 47 CFR 61.45 effective requirements for a number of services, Access Charge Reform First Report and June 15, 1997. Therefore, the subsequent and consolidated various forms to make Order amendments to 47 CFR 61.45 contained data collection more efficient. The publication on June 11, 1997 of in the Price Cap Performance Review for Local Exchange Carriers Fourth Report Specifically, the FCC (1) waived the the Access Charge Reform First and construction permit requirement for Order summary (62 FR 31868), which and Order were effective June 16, 1997 satellite space stations; (2) extended the was the subject of FR Doc. 97–14628, is as stated in the summary published at construction period for Very Small clarified as follows: 62 FR 31939, because OMB approval Aperture Terminals (‘‘VSATs’’); (3) On June 12, 1997, OMB granted was effective prior to June 15, 1997. approval for the information collections eliminated the annual reporting Access Charge Reform Correction resulting from several rule amendments requirement for VSATs; (4) increased and changes in the Access Charge The publication on July 29, 1997 of the license term for temporary fixed Reform First Report and Order. On page the Access Charge Reform First and earth stations operating in the C-band 31868, in the first column, under Order Correction (62 FR 40460), which from one year to ten years; (5) reduced DATES:, the following sections were to was the subject of FR Doc. 97–19911, is reporting requirements for earth and be effective upon approval of OMB, but corrected as follows: space stations; (6) reviewed and no earlier than June 15, 1997: 47 CFR On page 40460, second column, consolidated FCC Forms 430, 493, 704 61.45, 61.47, 69.104, 69.126, 69.151, delete correction #2. and 702 into a new Form 312 with 69.152, and 69.410. Because of the OMB Federal Communications Commission. specific schedules; (7) expedited the approval granted on June 12, 1997, the William F. Caton, processing of satellite inclined orbit following sections were therefore Acting Secretary. authorizations; (8) streamlined the earth effective June 15, 1997: 47 CFR 61.45, [FR Doc. 97–24352 Filed 9–15–97; 8:45 am] station modification process; (9) 61.47, 69.104, 69.126, 69.151, 69.152, BILLING CODE 6712±01±F updated Part 25 rules in accordance and 69.410. Similarly, the following with ITU Radio Regulations; and (10) sections were to be effective upon eliminated burdensome space station approval of OMB, but no earlier than FEDERAL COMMUNICATIONS application provisions. January 1, 1998: 47 CFR 61.42, 61.48, COMMISSION Because these rule changes impose 69.4, 69.106, 69.111, 69.153, and 69.156. new or modified information collection Because of the OMB approval granted 47 CFR Part 25 on June 12, 1997, the following sections requirements, they could not become are therefore effective January 1, 1998: [IB Docket No. 95±117; FCC 96±425] effective until approved by the Office of 47 CFR 61.42, 61.48, 69.4, 69.106, Management and Budget (‘‘OMB’’) Streamlining Rules and Regulations 69.111, 69.153, and 69.156. pursuant to the Paperwork Reduction for Satellite Application and Licensing The publication on June 11, 1997 of Act of 1995, Public Law 104–13. In the Procedures the Access Charge Reform First and February 10, 1997 Federal Register Order summary (62 FR 31868), which AGENCY: Federal Communications summary, we stated that the rules, was the subject of FR Doc. 97–14628, is Commission. regulations and the FCC Form 312 corrected as follows: ACTION: Final rule; establishment of established in the Part 25 Streamlining On page 31868, in the first column effective date. Order would become effective upon under DATES:, line 20, insert the approval by OMB, but no sooner than following sentence after ‘‘69.611.’’: SUMMARY: The modifications to the sixty days after publication in the ‘‘The removal of 47 CFR 69.201, Commission’s rules and regulations on Federal Register. OMB approved these 69.203, 69.204, 69.205 and 69.209 is application and licensing requirements rule changes on April 21, 1997. effective January 1, 1998.’’ for satellite space and earth stations The Federal Register Summary stated On page 31935, in the third column, adopted in the Part 25 Streamlining that ‘‘[t]he Federal Communications add amendment paragraph #22.a. that Order, including the new FCC Form Commission will publish a document at reads as follows: 312, became effective April 21, 1997. ‘‘Sections 69.201, 69.203, 69.204, These modifications, which contained a later date announcing the effective 69.205 and 69.209 are removed.’’ modified information collection date of these rules,’’ see 62 FR 5924 On page 31935, in the third column, requirements, were published in the (February 10, 1997). Therefore, the paragraph #23, line 1, insert Federal Register of February 10, 1997. Commission announces that the rule ‘‘by adding sections 69.151, 69.152, EFFECTIVE DATE: The modifications to 47 changes adopted in the Part 25 69.153, 69.154, 69.155, 69.156 and CFR part 25 published at 62 FR 5924 Streamlining Order became effective on 69.157’’ (February 10, 1997) and the new FCC April 21, 1997. after the phrase ‘‘is revised’’. Form 312 became effective April 21, List of Subjects in 47 CFR Part 25 1997. X-Factor Order FOR FURTHER INFORMATION CONTACT: Communciations common carriers, The publication on June 11, 1997 of Kathleen Campbell, International Reporting and recordkeeping the Price Cap Performance Review for Bureau, (202) 418–0753. requirements, Satellites. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48487

Federal Communications Commission. this Report and Order, contact Judy estimate that program providers will William F. Caton, Boley at (202) 418–0217, or via the annually initiate 100 petitions Acting Secretary. Internet at [email protected]. requesting exemption from the closed [FR Doc. 97–24213 Filed 9–15–97; 8:45 am] SUPPLEMENTARY INFORMATION: This is a captioning requirements. We estimate BILLING CODE 6712±01±P synopsis of the Report and Order in MM that the average burden to complete all Docket No. 95–176, FCC 97–279, aspects of each petition process, adopted August 7, 1997 and released including filing any possible reply FEDERAL COMMUNICATIONS August 22, 1997. The complete text of comments and associated certifications, COMMISSION this Report and Order is available for will be 5 hours. We estimate that 50% inspection and copying during normal of petitions will be prepared using in- 47 CFR Part 79 business hours in the FCC Reference house assistance to draft petitions and [MM Docket No. 95±176; FCC 97±279] Center (Room 239), 1919 M Street, NW, that 50% of petitions will be prepared Washington, DC, and also may be using outside legal assistance. Petitions Closed Captioning of Video purchased from the Commission’s copy prepared using outside legal assistance Programming contractor, International Transcription will undergo an average burden of 2 Services, Inc. (‘‘ITS’’) at (202) 857–3800, hours for each petition to coordinate AGENCY: Federal Communications 1919 M Street, NW, Suite 246, information with outside legal Commission. Washington, DC 20554. For copies in assistance. ACTION: Final rule. alternative formats, such as braille, 50 (50% of petitions prepared in-house audio cassette or large print, please assistance) x 5 hours = 250 hours. SUMMARY: The Commission adopts rules contact Sheila Ray at ITS. implementing Section 713 of the 50 (50% of petitions prepared using Communications Act of 1934, as Paperwork Reduction Act outside legal assistance) x 2 hours amended. Section 713, Video This rulemaking contains modified = 100 hours. Programming Accessibility, was added information collections. The We estimate that there will be an to the Communications Act by section Commission, as part of its continuing average of one response to every 305 of the Telecommunications Act of effort to reduce paperwork burden petition filed. The average burden to 1996 and directed the Commission to invites the general public and other complete all aspects of the response adopt rules by August 8, 1998, that Federal agencies to take this process, including making certification, generally require the closed captioning opportunity to comment on the is estimated to be 5 hours. We estimate of video programming. The rules following information collection, as that 50% of responses will be prepared adopted by the Commission generally required by the Paperwork Reduction using in-house assistance and that 50% assign responsibility for compliance Act of 1995, Public Law 104–13. of responses will be prepared using with the closed captioning requirements Comments should address: (a) Whether outside legal assistance.Commenters to the entity which delivers the the proposed collection of information using outside legal assistance will programming to the consumer, establish is necessary for the proper performance undergo an average burden of 2 hours separate transition schedules for of the functions of the Commission, for each response to coordinate programming first published or including whether the information shall information with outside legal exhibited on or after the effective date have practical utility; (b) the accuracy of assistance. of these rules and for programming first the Commission’s burden estimates; (c) 50 (50% of responses prepared using in- published or exhibited prior to the ways to enhance the quality, utility, and house assistance) x 5 hours = 250 effective date of the rules, provide for a clarity of the information collected; and hours. number of exemptions authorized by (d) ways to minimize the burden of the 50 (50% of responses prepared using Congress and establish mechanisms for collection of information on the outside legal assistance) x 2 hours enforcement and compliance review. respondents, including the use of = 100 hours. These rules are intended to increase the automated collection techniques or Estimated annual burden to viewers accessibility of video programming for other forms of information technology. persons with hearing disabilities. OMB Approval Number: 3060–0761. and program providers for the complaint process: We estimate there EFFECTIVE DATE: These requirements and Title: Closed Captioning of Video Programming. will be 1,500 annual complaints filed by regulations become effective January 1, viewers at the local level. The average 1998. Type of Review: Revision to an existing collection. burden for each complaint and response ADDRESSES: A copy of any comments on Respondents: Individuals or is estimated to be 1 hour per viewer and the information collections contained households; business and other for- 1 hour per program provider. 1,500 herein should be submitted to Timothy profit entities. viewer complaints x 1 hour and 1,500 Fain, Office of Management and Budget, Number of Respondents: 100 petitions program provider responses x 1 hour = Room 10236 NEOB, Washington, DC + 100 petition responses + 1,500 viewer 3,000 hours. In the case of an alleged 20503, (202) 395–3561 or via Internet at complaints to program providers + violation by a television broadcast l fain [email protected], and to Judy Boley, 1,500 complaint responses from station or other program distributor for Federal Communications Commission, program providers + 500 instructions to which the programming distributor is Room 234, 1919 M St., NW., refile complaints + 300 viewer exempt from closed captioning Washington, DC 20554 or via Internet to complaints to the Commission + 300 responsibility pursuant to § 79.1(e)(9), [email protected]. complaint responses to the Commission the complaint shall be sent directly to FOR FURTHER INFORMATION CONTACT: = 4,300. the station or owner of the Marcia Glauberman, John Adams or Estimated Time Per Response: .5–5 programming. A video programming Alexis Johns, Cable Services Bureau, hours estimated for both the petition distributor receiving a complaint (202) 418–7200, TTY (202) 418–7172. and complaint processes. Estimated regarding such programming must For additional information concerning annual burden to petitioners and forward the complaint within seven the information collections contained in respondents for petition processes: We days of receipt to the programmer or 48488 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations send written instructions to the Synopsis of Report and Order hours of required captioning at two year complainant on how to refile with the 1. By the Report and Order (‘‘R&O’’), intervals. We will define full programmer. We estimate that one-third the Commission adopts rules to accessibility as the captioning of 95% of of complaints at the local level will have implement section 713 of the all new, nonexempt programming to to be refiled in this manner, and that the Communications Act, 47 U.S.C. 613, provide for unforeseen difficulties that average burden for programmers to which generally requires video may arise. Compliance will be measured either forward the complaint or send programming be closed captioned. In on a channel-by-channel basis for written instructions to the complainant particular, this provision required the multichannel video programming on how to refile will have an average Commission to prescribe by August 8, distributors (‘‘MVPDs’’) and will be burden of 30 minutes (.5 hours) per 1997, rules and implementation measured over each calendar quarter. During the transition period, each complaint. 500 complaint x .5 hours = schedules for the closed captioning of 250 hours. channel of programming will be video programming and to establish We estimate that the majority of required to meet the specified appropriate exemptions. The rules we complaints will be resolved at the local benchmark unless the amount of new, adopt are based on comments received level between the respective viewer and nonexempt programming offered on the in response to a Notice of Proposed program provider. We estimate that channel is less than the benchmark. In Rulemaking in this proceeding approximately 300 (20% of 1,500) will such instances, at least 95% of the summarized at 62 FR 4959 (February 3, go unresolved, resulting in complaints nonexempt, new programming will be 1997). and responses being filed with the required to be captioned. The first 2. In the R&O, we address: (a) The Commission. A copy of the complaint benchmark becomes effective during the responsibility for compliance with the and any supporting documentation that first calendar quarter of 2000 and rules we adopt; (b) obligations as to is filed with the Commission must also requires that 450 hours of programming programming first published or be served on the video programming be captioned during each quarter of exhibited on or after the effective date distributor. Responses to complaints 2000 and 2001. During each calendar of our rules (‘‘new programming’’) and filed with the Commission must also be quarter of 2002 and 2003, 900 hours of served on the complainant. The average programming first published or new, nonexempt programming must be burden for all aspects of each complaint exhibited prior to the effective date of captioned. The benchmark for each and response in this instance is our rules (‘‘pre-rule programming’’), calendar quarter of 2004 and 2005 is estimated to be 2 hours per viewer and including phase-in schedules; (c) the 1350 hours of new, nonexempt 4 hours per program provider. 300 measurement of compliance with our programming. viewer complaints x 2 hours and 30000 rules; (d) exemptions authorized by 5. Section 713 also requires the program provider responses x 4 hours = Congress, including those based on the Commission to maximize the 1,800 hours. ‘‘economically burdensome standard, accessibility of video programming first Total Annual Burden to Respondents: existing contracts, and the undue published or exhibited prior to the 250 + 100 + 250 + 100 + 1,500 + 1,500 burden standard; (e) standards for effective date of the rules. For + 1,800 = 5,750 hours. quality and accuracy of closed programming first published or Total Annual Cost to Respondents: captioning; (f) mechanisms for exhibited before January 1, 1998, that $42,100 estimated as follows: Program enforcement and compliance review; does not meet any of our criteria for providers will use outside legal and (g) other issues relating to the exemption, we will require that at least assistance paid at $150 per hour to implementation of section 713 and 75% of such programming be captioned complete approximately 50 petitions. 50 matters for future review. The rules will after the end of a ten year transition petitions x 5 hours per petition x $150 become effective January 1, 1998. period. We will not set specific per hour = $37,500. Postage and 3. Video programming distributors, benchmarks for pre-rule programming. stationery costs for petitions are defined as all entities that provide video We will, however, monitor distributors’ estimated at an average of $5 per waiver. programming directly to customers’ efforts to increase the amount of 100 petitions x $5 = $500. Viewers and homes, regardless of distribution captioning of pre-rule programming to program providers will undergo average technology used (e.g., broadcasters, ensure that channels are progressing postage and stationary costs for the cable operators, DBS operators) will, toward the 75% requirement. After four complaint process estimated as follows: generally, be responsible for compliance years, we will reevaluate our decision 1,500 viewer complaints filed with with the new closed captioning not to establish specific benchmarks and program providers x $1 = $1,500. 1,500 requirements. Video programming consider whether the 75% threshold is complaint responses x $1 = $1,500. 500 distributors, however, will not be appropriate to meet the goals of the instructions to refile complaints x $1 = responsible for the captioning of statute. $500. 300 viewer complaints filed at the programming that is not subject to their 6. We will also require video Commission x $1 per complaint = $300. editorial control. The responsibility for programming providers to continue to 300 program provider responses x $1 = compliance with respect to such provide closed captioning at a level $300. Total annual cost to respondents: programming will be placed on the substantially the same as the average $37,500 + $500 + $1,500 + $1,500 + providers and owners of such level of captioning that they provided $500 + $300 + $600 = $42,100. programming. during the first six months of 1997, even Needs and Uses: This Report and 4. Section 713 requires the if the amount of captioned programming Order is adopted pursuant to section Commission to adopt rules to ensure exceeds that required under the 713 of the Communications Act of 1934, that video programming first published benchmarks. In addition, video as amended. The requirements set forth or exhibited after the effective date of programming distributors are required in section 713 are intended to ensure the rules be fully accessible through to pass through to consumers any that video programming is accessible to closed captioning. For this new programming they receive with closed individuals with hearing disabilities programming that does not meet any of captioning, when they do not edit the through closed captioning, regardless of the criteria for exemption, we adopt an programming. the delivery mechanism used to reach eight year transition period with 7. Section 713 permits the consumers. benchmarks specified as a number of Commission to exempt by regulation Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48489 programs, classes of programs or annual gross revenues for an individual 11. We will enforce our rules through services for which we determine a channel during the proceeding year of a complaint process modeled after requirement to provide closed less than three million dollars. Finally, existing complaint procedures. captioning will be economically we will not require any video Complaints alleging violation of our burdensome. In creating these programming provider to spend more closed captioning rules must first be exemptions we intend to preserve the than 2% of its annual gross revenues for directed in writing to the video economic viability of certain classes of the proceeding year on the captioning of programming distributor responsible for programming or certain entities any channel of video programming. delivery of the programming directly to associated with discreet classes of 8. Under section 713(d)(2), a video the customer’s home. Complaints must programming. We will, therefore, programming provider is exempt from be filed no later than the end of the exempt non-English language captioning programming if such action calendar quarter following the calendar programming and programming would be inconsistent with a contract in quarter in which the alleged violation distributed between 2 a.m. and 6 a.m effect on the date of enactment of the occurred. The video programming local time. We will also exempt 1996 Act. Accordingly, we exempt distributor must respond to the primarily textual programming for programming subject to a contract in complaint no later than 45 days after the which captioning would be largely effect on February 8, 1998, for which end of the calendar quarter in which the redundant, including programming compliance with our closed captioning violation is alleged to have occurred or guide services or community bulletin requirements would constitute a breach 45 days after receipt of the written boards, which provide the relevant of that contract. complaint, whichever is later. If a video information about program schedules or 9. Under section 713(d)(3), the programming distributor fails to events in textual form. This exemption Commission is required to consider respond to a complaint or a dispute does not apply to programming, such as petitions for exemption from the closed remains following this initial procedure, sports programming, home shopping or captioning rules if the requirements a complaint may be filed with the weather reports, where a significant would impose an undue burden, which Commission within 30 days after the amount of the relevant information is is defined as a significant burden or time allotted for the video programming not readily available as text. Similarly, expense. A petition may be submitted distributor to respond has ended. The we will exempt programming which by any party in the programming video programming distributor will consists primarily of instrumental music distribution chain, including video have 15 days to respond to any such as a symphony or ballet. In such programming producers, syndicators complaint filed with the Commission. cases, where the majority of the program and providers. Petitions must include We will not adopt any specific simply could not be captioned, we will information that demonstrates how our recordkeeping requirements. In also exempt any introductory discussion closed captioning requirements would response to a complaint, a video because the resources necessary to result in an undue burden. Factors we programming distributor is obligated to caption such minor portions of the will consider include: (a) The nature provide the Commission with sufficient program would outweigh any possible and cost of the closed captions for the records and documentation to benefit. We will also exempt interstitial programming; (b) the impact on the demonstrate that it is in compliance announcements, promotional operation of the provider or program with the rules. We also will permit programming and public service owner; (c) the financial resources of the video programming distributors to rely announcements that are ten minutes or provider or program owner; and (d) the on certifications from program suppliers less in duration. In this context, type of operations of the provider or to demonstrate compliance. advertisements that are five minutes or program owner. Petitioners may also 12. In addition, in the R&O, we less in duration are not considered submit any other information they deem indicated that there are several issues programming and are not subject to our appropriate for our evaluation of their related to the implementation of closed closed captioning rules. Similarly, we circumstances. Depending on the captioning requirements that need to be will exempt locally-produced and individual circumstance, we may grant studied further or reevaluated during distributed non-news programming with partial exemptions and may consider our transition period. We intend to limited repeat value such as local proposals that programming be made study further technological changes that parades, local high school or more accessible through alternative may affect closed captioning in a nonprofessional sports or community means (e.g., additional text or graphics). subsequent proceeding, including issues theater productions. This exemption 10. The rules require video relating to digital television and other does not include programming readily programming providers to deliver intact technologies that may change the way captioned using ENR or programs with the closed captioning they receive as captions are created and delivered. We repeat value. We also adopt several part of the programming they distribute also are concerned about providing exemptions designed to protect certain to viewers, if the programming is not viewers with hearing disabilities with classes of video programming providers edited. They also must maintain their accurate information regarding fast which might otherwise be harmed if equipment to ensure the technical breaking news of great importance such subject to our rules. Thus programming quality of the closed captioning they as severe weather conditions, produced for the instructional television transmit. We will not, however, adopt earthquakes and disruptions of the fixed service (‘‘ITFS’’) will be exempt standards for the non-technical aspects transportation system. As we did not regardless of whether it is distributed by of closed captioning. We will monitor receive sufficient information on this an ITFS licensee or other video the captions that result from the issue in this proceeding, we will initiate programming distributor. We further implementation of our rules and may a proceeding to determine whether exempt the programming on a new revisit this issue at a later date. We will additional rules are needed in this area. network for its first four years of not restrict the use of captioning Moreover, we will reexamine a number operation. In addition, we will not methodology generally and will permit of our decisions during the transition require any video programming the use of electronic news room period, including the captioning provider from the closed captioning (‘‘ENR’’) capability to create captions requirements for pre-rule programming, requirements where the provider had from teleprompter scripts. the appropriateness of certain 48490 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations exemptions, the use of ENR and the programming would be circumvented. stations should be exempt in order to decision not to adopt standards relating Commenters representing smaller relieve these providers of an economic to non-technical quality. captioning agencies suggest ways to burden. minimize the effect of the new 22. Access centers and organizations Regulatory Flexibility Act Certification regulations on small captioners. providing governmental programming 13. As required by the Regulatory Specifically, Para Technologies assert that their operations qualify as Flexibility Act (RFA), an Initial proposes that we adopt a phase-in small entities. These commenters assert Regulatory Flexibility Analysis schedule requiring video program that, in many cases, the financial (‘‘IRFA’’) was incorporated into the providers to increase closed captioned requirements for closed captioning Notice of Proposed Rulemaking in this programming 4% every three months would exceed or substantially consume proceeding. We sought written public over the eight year transition period. their entire annual budgets. Several of comment on the expected impact of the According to Para Technologies, this these commenters state that mandatory proposed policies and rules on small plan would increase competition in the captioning requirements could entities in the NPRM, including captioning industry, leading to lower effectively eliminate public, educational comments on the IRFA. This present rates and more widely available and governmental (‘‘PEG’’) Final Regulatory Flexibility Analysis captioned programming. MCS suggests programming. Accordingly, these (‘‘FRFA’’) conforms to the RFA. that we should require that video commenters seek an exemption based 14. Need for Action and Objectives of producers and program providers use on the economic burden posed by the Rule: The 1996 Act added a new small captioning companies for a closed captioning requirements unless Section 713 to the Communications Act minimum of 25% of their real time an alternative funding mechanism of 1934 that inter alia requires the captioning requirements. becomes available. The Greater Metro Commission to develop rules to increase 18. Kaleidoscope indicates that its Telecommunications Consortium the availability of video programming proposal to define economic burden as (‘‘GMTC’’) suggests that PEG with closed captioning. We are a situation where the cost of captioning programmers should be allowed to promulgating these rules in order to would exceed 10% of the relative weigh the costs and the benefits of implement this provision of section 713. program budget should minimize the providing captioning and consider The statutory objective of the closed burden on small entities. Kaleidoscope alternatives. Several commenters captioning provisions is to promote the asserts that this is an objective test that representing multichannel video increased accessibility of video would exempt small entities from programming distribution systems programming for persons with hearing closed captioning requirements that (‘‘MVPDs’’) join the access centers in disabilities. they may find economically arguing that PEG channels should be 15. Summary of Significant Issues burdensome. exempt. These commenters concur that Raised by the Public Comments in 19. The Association of America’s PEG channels generally operate on very Response to the IRFA: The Small Cable Public Television Stations (‘‘APTS’’) limited budgets which preclude Business Association (‘‘SCBA’’) filed the asserts that the closed captioning captioning. only comment specifically responsive to requirements would be especially 23. Description and Estimate of the the IRFA. Several other commenters onerous to its smaller members. APTS Number of Small Entities to Which the addressed the IRFA in their general suggests that a $3 million benchmark is Rules Will Apply: The RFA directs the comments. Other parties, while not generally accepted among Commission to provide a description of specifically commenting on the IRFA, noncommercial stations as indicative of and, where feasible, an estimate of the discuss the potential effect of the a small station and urges us to adopt an number of small entities that will be proposed rules on small entities. economic burden exemption for local affected by the proposed rules. The RFA 16. SCBA concurs with our estimates programming produced by such defines the term ‘‘small entity’’ as regarding the number of small cable stations. having the same meaning as the terms operators that may be affected by our 20. Instructional Television Fixed ‘‘small business,’’ ‘‘small organization,’’ closed captioning requirements. SCBA Services (‘‘ITFS’’) licensees argue that and ‘‘small business concern’’ under offers several specific suggestions to their programming should not be subject section 3 of the Small Business Act. minimize the effects of the closed to the closed captioning requirements as Under the Small Business Act, a small captioning requirements on small cable they represent a formidable economic business concern is one which: (1) Is operators. These proposals include: (a) burden. Several commenters argue that independently owned and operated; (2) Allocating the burden of compliance to they are already obligated to ensure that is not dominant in its field of operation; programming producers and owners; (b) their services are accessible under both and (3) satisfies any additional criteria a class exemption for small cable the ADA and the Rehabilitation Act of established by the SBA. operators serving 1,000 or fewer 1973. These commenters propose 24. Small MVPDs: The SBA has subscribers; (c) streamlined compliance excluding ITFS providers from the developed a definition of small entities and complaint rules for small cable definition of ‘‘video programming for cable and other pay television systems serving 15,000 or fewer provider’’ and exempting ITFS services, which includes all such subscribers including; (d) streamlined programming carried on wireless cable companies generating $11 million or waiver procedures to permit qualifying systems from any closed captioning less in annual receipts. 13 CFR 121.201 small systems to access a simplified, requirements. (SIC 4841). This definition includes low-cost waiver process; (e) a class 21. Several low power television cable system operators, closed circuit exemption for PEG programming; (f) a station (‘‘LPTV’’) operators assert that as television services, direct broadcast class exemption for local origination small businesses, LPTV operators satellite services (‘‘DBS’’), multichannel programming. warrant an exemption based on the multipoint distribution systems 17. Cassidy asserts that our economic burden that closed captioning (‘‘MMDS’’), satellite master antenna conclusions are overly inclusive and, if requirements would pose. The systems (‘‘SMATV’’) and subscription all small providers were exempted, Community Broadcasters Association television services. According to the Congress’ intent to increase the (‘‘CBA’’) suggests that specific classes of Bureau of the Census, there were 1,758 availability of closed captioned programming carried by some LPTV total cable and other pay television Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48491 services and 1,423 had less than $11 basic trading areas (‘‘BTAs’’). Of 67 is an average of about 77,163 subscribers million in revenue as of 1992. We winning bidders, 61 qualified as small per program packager. This is address below each service individually entities. Five bidders indicated that they substantially smaller than the 400,000 to provide a more precise estimate of were minority-owned and four winners subscribers used in the Commission’s small entities. indicated that they were women-owned definition of a small multiple system 25. Cable Systems: We have businesses. MMDS is an especially operator (‘‘MSO’’). Furthermore, developed, with SBA’s approval, our competitive service, with approximately because this an average, it is likely that own definition of a small cable system 1573 previously authorized and some program packagers may be operator for the purposes of rate proposed MMDS facilities. Information substantially smaller. regulation. Under our rules, a ‘‘small available to us indicates that no MMDS 32. Open Video System (‘‘OVS’’): We cable company’’ is one serving fewer facility generates revenue in excess of have certified nine OVS operators. Of than 400,000 subscribers nationwide. 47 $11 million annually. We conclude that, these nine, only two are providing CFR 76.901(e). Based on our most recent for purposes of this FRFA, there are service. They are Bell Atlantic serving information, we estimate that there were approximately 1634 small MMDS its Dover, New Jersey system and 1439 cable operators that qualified as providers as defined by the SBA and the Metropolitan Fiber Systems operating small cable companies at the end of auction rules. OVS systems in Boston and New York. 1995. Since then, some of those 29. ITFS: There are presently 2032 Bell Atlantic and Metropolitan Fiber companies may have grown to serve ITFS licensees. All but 100 of these Systems have sufficient revenues to over 400,000 subscribers, and others licenses are held by educational assure us that they do not qualify as may have been involved in transactions institutions. Educational institutions are small business entities. Little financial that caused them to be combined with included in the definition of a small information is available for the other other cable operators. Consequently, we business. 5 U.S.C. 601(5). However, we entities authorized to provide OVS that estimate that there are fewer than 1439 do not collect annual revenue data for are not yet operational. Given that other small entity cable system operators that ITFS licensees and are not able to entities have been authorized to provide may be affected by the decisions and ascertain how many of the 100 non- OVS service but have not yet begun to rules we are adopting. educational licensees would be generate revenues, we conclude that at 26. The Communications Act also categorized as small under the SBA least some of the OVS operators qualify contains a definition of a small cable definition. as small entities. system operator, which is ‘‘a cable 30. DBS: Because DBS provides 33. SMATVs: Industry sources operator that, directly or through an subscription services, DBS falls within estimate that approximately 5200 affiliate, serves in the aggregate fewer the SBA definition of cable and other SMATV operators were providing than 1% of all subscribers in the United pay television services (SIC 4841). As of service as of December 1995. Other States and is not affiliated with any December 1996, there were eight DBS estimates indicate that SMATV entity or entities whose gross annual licensees. We do not collect annual operators serve approximately 1.05 revenues in the aggregate exceed revenue data for DBS and, therefore, are million residential subscribers as of $250,000,000.’’ 47 U.S.C. 543(m)(2). We unable to ascertain the number of small September 1996. The ten largest have determined that there are DBS licensees that could be affected by SMATV operators together pass 815,740 61,700,000 subscribers in the United these rules. Estimates of 1996 revenues units. If we assume that these SMATV States. Therefore, an operator serving for various DBS operators are operators serve 50% of the units passed, fewer than 617,000 subscribers shall be significantly greater than $11,000,000 the ten largest SMATV operators serve deemed a small operator, if its annual and range from a low of $31,132,000 for approximately 40% of the total number revenues, when combined with the total Alphastar to a high of $1,100,000,000 of SMATV subscribers. Because these annual revenues of all of its affiliates, do for Primestar. Accordingly, we now operators are not rate regulated, they are not exceed $250 million in the conclude that no DBS operator qualifies not required to file financial data with aggregate. Based on available data, we as a small entity. the Commission. Furthermore, we are find that the number of cable operators 31. Home Satellite Dish (‘‘HSD’’): The not aware of any privately published serving 617,000 subscribers or less totals market for HSD service is difficult to financial information regarding these 1450. Although it seems certain that quantify. HSD owners have access to operators. Based on the estimated some of these cable system operators are more than 265 channels of programming number of operators and the estimated affiliated with entities whose gross placed on C-band satellites by number of units served by the largest annual revenues exceed $250,000,000, programmers for receipt and ten SMATVs, we conclude that a we are unable at this time to estimate distribution by MVPDs, of which 115 substantial number of SMATV operators with greater precision the number of channels are scrambled and qualify as small entities. cable system operators that would approximately 150 are unscrambled. 34. Local Multipoint Distribution qualify as small cable operators under HSD owners can watch unscrambled System (‘‘LMDS’’): Unlike the above pay the definition in the Communications channels without paying a subscription television services, LMDS technology Act. fee. To receive scrambled channels, and spectrum allocation will allow 27. MMDS: We refined the definition however, an HSD owner must purchase licensees to provide wireless telephony, of ‘‘small entity’’ for the auction of an integrated receiver-decoder from an data, and/or video services. Therefore, MMDS spectrum as an entity that equipment dealer and pay a the definition of a small LMDS entity together with its affiliates has average subscription fee to an HSD may be applicable to both cable and gross annual revenues that are not more programming packager. According to other pay television (SIC 4841) and/or than $40 million for the preceding three the most recently available information, radiotelephone communications calendar years. This definition of a there are approximately 30 program companies (SIC 4812). The SBA small entity in the context of MMDS packagers nationwide offering packages definition for cable and other pay auctions has been approved by the SBA. of scrambled programming to retail services is defined in paragraph 24 47 CFR 21.961(b)(1). consumers. These program packagers supra. A small radiotelephone entity is 28. We completed the MMDS auction provide subscriptions to approximately one with 1500 employees or less. 13 in March 1996 for authorizations in 493 2,314,900 subscribers nationwide. This CFR 121.1201. However, for the 48492 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations purposes of this R&O on closed indicate that, based on 1995 revenue Motion Pictures) and Miscellaneous captioning, we include only an estimate estimates, 440 full power commercial Theatrical Services (SIC 7922). These of LMDS video service providers. television stations had an estimated SBA definitions provide that a small 35. LMDS is a service that is expected revenue of $10.5 million or less. That entity in the television programming to be auctioned by the FCC in 1997. The represents 54% of full power industry is an entity with $21.5 million vast majority of LMDS entities commercial television stations with or less in annual receipts for SIC 7812 providing video distribution could be revenue estimates listed in the BIA and 7822, and $5 million or less in small businesses under the SBA’s program. The database does not list annual receipts for SIC 7922. 13 CFR definition of cable and pay television estimated revenues for 331 stations. 121.201. The 1992 Bureau of the Census (SIC 4841). However, in the Third Using a worst case scenario, if those 331 data indicate the following: (1) There NPRM, CC Docket No. 92–297, 58 FR stations for which no revenue is listed were 7265 U.S. firms classified as 6400 (January 28, 1993), we proposed to are counted as small stations, there Motion Picture and Video Production define a small LMDS provider as an would be a total of 771 stations with an (SIC 7812), and that 6987 of these firms entity that, together with affiliates and estimated revenue of $10.5 million or had $16,999 million or less in annual attributable investors, has average gross less, representing approximately 68% of receipts and 7002 of these firms had revenues for the three preceding the 1141 full power commercial $24,999 million or less in annual calendar years of less than $40 million. television stations listed in the BIA data receipts; (2) there were 1139 U.S. firms We have not yet received approval by base. classified as Motion Picture and Tape the SBA for this definition. 40. Alternatively, if we look at owners Distribution (SIC 7822), and that 1007 of 36. There is only one company, of commercial television stations as these firms had $16,999 million or less CellularVision, that is currently listed in the BIA database, there are a in annual receipts and 1013 of these providing LMDS video services. total of 488 owners. The database lists firms had $24,999 million or less in Although the Commission does not estimated revenues for 60% of these annual receipts; and (3) there were 5671 collect data on annual receipts, we owners, or 295. Of these 295 owners, U.S. firms classified as Theatrical assume that CellularVision is a small 156 or 53% had annual revenues of less Producers and Services (SIC 7922), and business under both the SBA definition than $10.5 million. Using a worst case that 5627 of these firms had less than $5 and our proposed auction rules. We also scenario, if the 193 owners for which million in annual receipts. conclude that a majority of the potential revenue is not listed are assumed to be 43. Each of these SIC categories is LMDS licensees will be small entities, small, then small entities would very broad and includes firms that may as that term is defined by the SBA. constitute 72% of the total number of be engaged in various industries 37. Small Broadcast Stations: The owners. including television. Specific figures are SBA defines small television 41. In summary, based on the not available as to how many of these broadcasting stations as television foregoing worst case analysis using firms exclusively produce and/or broadcasting stations with $10.5 million Bureau of the Census data, we estimate distribute programming for television or or less in annual receipts. 13 CFR that our rules will apply to as many as how many are independently owned 121.201. 1150 commercial and noncommercial and operated. Consequently, we 38. Estimates Based on Census and television stations (78% of all stations) conclude that there are approximately BIA Data: According to the Bureau of that could be classified as small entities. 6987 small entities that produce and the Census, in 1992, 1155 out of 1478 Using a worst case analysis based on the distribute taped television programs, operating television stations reported data in the BIA data base, we estimate 1013 small entities primarily engaged in revenues of less than $10 million for that as many as 771 commercial the distribution of taped television 1992. This represents 78% of all television stations (about 68% of all programs, and 5627 small producers of television stations, including commercial television stations) could be live television programs that may be noncommercial stations. The Bureau of classified as small entities. As we noted affected by the rules adopted in this the Census does not separate the above, these estimates are based on a R&O. revenue data by commercial and definition that we tentatively believe 44. Description of Reporting, noncommercial stations in this report. greatly overstates the number of Recordkeeping and Other Compliance Neither does it allow us to determine television broadcasters that are small Requirements: We do not prescribe any the number of stations with a maximum businesses. Further, it should be noted reporting requirements. While several of $10.5 million in annual receipts. that under the SBA’s definitions, parties encouraged adoption of such Census data also indicate that 81% of revenues of affiliates that are not requirements, we believe that our operating firms (that owned at least one television stations should be aggregated enforcement process alleviates the need television station) had revenues of less with the television station revenues in for reporting. Thus, we are not imposing than $10 million. determining whether a concern is small. recordkeeping requirements for video We also have performed a separate The estimates overstate the number of programming distributors. Rather, we study based on the data contained in the small entities since the revenue figures allow them to exercise their own BIA Publications, Inc. Master Access on which they are based do not include discretion and only require that they Television Analyzer Database, which or aggregate such revenues from retain records sufficient to demonstrate lists a total of 1141 full power nontelevision affiliated companies. compliance with our rules (§ 79.1(g)(6)). commercial television stations. It should 42. Program Producers and In order to further relieve small video be noted that, using the SBA definition Distributors: The Commission has not programming distributors of any of small business concern, the developed a definition of small entities unnecessary recordkeeping burden, we percentage figures derived from the BIA applicable to producers or distributors permit video programming distributors database may be underinclusive because of television programs. Therefore, we to rely on certifications from the the database does not list revenue will utilize the SBA classifications of programming suppliers to demonstrate estimates for noncommercial Motion Picture and Video Tape compliance with our closed captioning educational stations, and these therefore Production (SIC 7812), Motion Picture rules (§ 79.1(g)(6)). are excluded from our calculations and Video Tape Distribution (SIC 7822), 45. Steps Taken to Minimize based on the database. The BIA data and Theatrical Producers (Except Significant Economic Impact On Small Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48493

Entities and Significant Alternatives creating an economic burden on video Federal Communications Commission. Considered: In formulating our closed programming providers. William F. Caton, captioning rules, we have taken steps to 50. Furthermore, we exempt from our Acting Secretary. minimize the effect on small entities closed captioning requirements any Title 47 of the Code of Federal while making video programming more video programming provider with less Regulations is amended by adding a accessible to persons with hearing than $3 million in annual gross new Part 79 consisting of § 79.1 to read disabilities. These efforts are consistent as follows: with the Congressional goal of revenues except that it will be required increasing the availability of closed to pass through any captioning it may PART 79ÐCLOSED CAPTIONING OF captioned programming while receive (§ 79.1(d)(12)). This provision is VIDEO PROGRAMMING preserving the diversity of available intended to address the problems of Sec. programming. small video programming providers that are not in a position to devote 79.1 Closed captioning of video 46. Generally, we do not specifically programming. exempt any class of video programming significant resources towards captioning Authority: 47 U.S.C. 613. distributor because we have determined and who would, even if they expended that all video programming distributors 2% of their revenues on captioning, § 79.1 Closed captioning of video are technically capable of delivering provide only a minimal amount of programming. captioning. We do, however, recognize captioned programming. This will (a) Definitions. For purposes of this that ITFS licensees serve a particular, relieve the smallest of entities of any section the following definitions shall well defined niche as distributors of burdensome obligation to provide apply: specialized programming directed at captioning without significantly (1) Video programming. Programming specified sites and not generally reducing the availability of captioning. provided by, or generally considered intended for residential use. We also comparable to programming provided recognize that the general public 51. In order to further minimize the by, a television broadcast station that is benefits from the redistribution of this impact of any unanticipated burdens distributed and exhibited for residential programming by MMDS operators. We that may be created by our closed use. Video programming includes therefore determine that ITFS operators captioning requirements, we adopt a advertisements of more than five warrant a blanket exemption. petition process that permits us to minutes in duration but does not Accordingly, we exempt programming consider requests for individual include advertisements of five minutes’ originated by ITFS licensees, regardless exemptions from these rules based on duration or less. of the facility used to distribute this the statutory undue burden standard (2) Video programming distributor. programming (§ 79.1(d)(7)). (§ 79.1(f)). This mechanism will allow Any television broadcast station 47. We also recognize the significance us to address the impact of these rules licensed by the Commission and any of locally produced and distributed non- on individual entities and modify the multichannel video programming news programming of primarily local rules to accommodate individual distributor as defined in § 76.1000(e) of interest and limited repeat value. Much circumstances. We have specifically this chapter, and any other distributor of of this programming is produced on a designed these procedures to ameliorate video programming for residential low budget as a public service and our reception that delivers such the impact of the closed captioning closed captioning requirements might programming directly to the home and rules in a manner consistent with the impose a significant economic burden is subject to the jurisdiction of the that could result in such programming objective of increasing the availability of Commission. An entity contracting for not being televised. We therefore create captioned programming. program distribution over a video a limited exemption for such Ordering Clauses programming distributor that is itself programming (§ 79.1(d)(8)). exempt from captioning that 48. We recognize that many new 52. Accordingly, it is ordered that, programming pursuant to paragraph video programming services will often pursuant to authority found in sections (e)(9) of this section shall itself be qualify as small entities. We also 4(i), 303(r), and 713 of the treated as a video programming recognize the need to allow new and Communications Act of 1934, as distributor for purposes of this section innovative services designed to serve amended, 47 U.S.C. 154(i), 303(r), and To the extent such video programming emerging or niche markets greater 613, the Commission’s rules are hereby is not otherwise exempt from flexibility than more established amended by adding a new part 79 as set captioning, the entity that contracts for services serving well defined markets. forth below. The amendments set forth its distribution shall be required to Accordingly, our rules provide an below shall become effective January 1, comply with the closed captioning exemption to relieve new services from 1998. requirements of this section. our captioning requirements for their (3) Video programming provider. Any first four years of operation 53. It is further ordered that the video programming distributor and any (§ 79.1(d)(9)). Secretary shall send a copy of this other entity that provides video 49. We do not require any video Report and Order, including the Final programming that is intended for programming provider to spend more Regulatory Flexibility Analysis, to the distribution to residential households than 2% of its annual gross revenues Chief Counsel for Advocacy of the Small including, but not limited to broadcast received from a channel on closed Business Administration in accordance or nonbroadcast television network and captioning (§ 79.1(d)(11)). This will with paragraph 603(a) of the Regulatory the owners of such programming. require video programming providers to Flexibility Act, Pub. L. 96–354, 94 Stat. (4) Closed captioning. The visual devote a reasonable portion of their 1164, 5 U.S.C. 601 et seq. (1981). display of the audio portion of video revenue stream to closed captioning. programming contained in line 21 of the This mechanism will help to avoid an List of Subjects in 47 CFR Part 79 vertical blanking interval (VBI) pursuant ‘‘all or nothing’’ approach thus ensuring to the technical specifications set forth Cable television, Closed captioning, that accessibility to captioned in § 15.119 of this chapter or the Television. programming is increased without equivalent thereof. 48494 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

(5) New programming. Video and thereafter, 75% of the programming schedule channels or community programming that is first published or distributor’s pre-rule nonexempt video bulletin boards). exhibited on or after January 1, 1998. programming being distributed and (5) Programming distributed in the (6) Pre-rule programming. (i) Video exhibited on each channel during each late night hours. Programming that is programming that was first published or calendar quarter must be provided with being distributed to residential exhibited before January 1, 1998. (ii) closed captioning. households between 2 a.m. and 6 a.m. Video programming first published or (3) Video programming distributors local time. Video programming exhibited for display on television shall continue to provide captioned distributors providing a channel that receivers equipped for display of digital video programming at substantially the consists of a service that is distributed transmissions or formatted for such same level as the average level of and exhibited for viewing in more than transmission and exhibition prior to the captioning that they provided during a single time zone shall be exempt from date on which such television receivers the first 6 months of 1997 even if that closed captioning that service for any must, by Commission rule, be equipped amount of captioning exceeds the continuous 4 hour time period they may with built-in decoder circuitry designed requirements otherwise set forth in this select, commencing not earlier than 12 to display closed-captioned digital section. a.m. local time and ending not later than television transmissions. (c) Obligation to pass through 7 a.m. local time in any location where (7) Nonexempt programming. Video captions of already captioned that service is intended for viewing. programming that is not exempt under programs.—All video programming This exemption is to be determined paragraph (d) of this section and, distributors shall deliver all based on the primary reception accordingly, is subject to closed programming received from the video locations and remains applicable even if captioning requirements set forth in this programming owner or other origination the transmission is accessible and section. source containing closed captioning to distributed or exhibited in other time (b) Requirements for closed receiving television households with the zones on a secondary basis. Video captioning of video programming—(1) original closed captioning data intact in programming distributors providing Requirements for new programming. a format that can be recovered and service outside of the 48 contiguous Video programming distributors must displayed by decoders meeting the states may treat as exempt programming provide closed captioning for standards of § 15.119 of this chapter that is exempt under this paragraph nonexempt video programming that is unless such programming is recaptioned when distributed in the contiguous being distributed and exhibited on each or the captions are reformatted by the states. channel during each calendar quarter in programming distributor. (6) Interstitials, promotional accordance with the following (d) Exempt programs and providers.— announcements and public service requirements: announcements. Interstitial material, (i) Between January 1, 2000, and For purposes of determining compliance with this section, any video promotional announcements, and December 31, 2001, video programming public service announcements that are distributors shall provide at least 450 programming or video programming provider that meets one or more of the 10 minutes or less in duration. hours of captioned video programming, (7) ITFS programming. Video following criteria shall be exempt to the or if the video programming distributor programming produced for the extent specified in this paragraph. provides less than 450 hours of new instructional television fixed service (1) Programming subject to nonexempt video programming, then (ITFS). 95% of its new nonexempt video contractual captioning restrictions. (8) Locally produced and distributed programming must be provided with Video programming that is subject to a non-news programming with limited captions; contract in effect on or before February repeat value. Programming that is (ii) Between January 1, 2002, and 8, 1996, but not any extension or locally produced by the video December 31, 2003, video programming renewal of such contract, for which an programming distributor, has no repeat distributors shall provide at least 900 obligation to provide closed captioning value, is of local public interest, is not hours of captioned video programming, would constitute a breach of contract. news programming, and for which the or if the video programming distributor (2) Video programming or video ‘‘electronic news room’’ technique of provides less than 900 hours of new programming provider for which the captioning is unavailable. nonexempt video programming, then captioning requirement has been (9) Programming on new networks. 95% of its new nonexempt video waived. Any video programming or Programming on a video programming programming must be provided with video programming provider for which network for the first four years after it captions; the Commission has determined that a begins operation. (iii) Between January 1, 2004, and requirement for closed captioning (10) Primarily non-vocal musical December 31, 2005, video programming imposes an undue burden on the basis programming. Programming that distributors shall provide at least an of a petition for exemption filed in consists primarily of non-vocal music. average of 1350 hours of captioned accordance with the procedures (11) Captioning expense in excess of video programming, or if the video specified in paragraph (f) of this section. 2% of gross revenues. No video programming distributor provides less (3) Non-english language programming provider shall be required than 1350 hours of new nonexempt programming. All programming for to expend any money to caption any video programming, then 95% of its which the audio is in a language other video programming if such expenditure new nonexempt video programming than English, except that scripted would exceed 2% of the gross revenues must be provided with captions; and programming that can be captioned received from that channel during the (iv) As of January 1, 2006, and using the ‘‘electronic news room’’ previous calendar year. thereafter, 95% of the programming technique is not exempt. (12) Channels producing revenues of distributor’s new nonexempt video (4) Primarily textual programming. under $3,000,000. No video programming must be provided with Video programming or portions of video programming provider shall be required captions. programming for which the content of to expend any money to caption any (2) Requirements for pre-rule the soundtrack is displayed visually channel of video programming programming. As of January 1, 2008, through text or graphics (e.g., program producing annual gross revenues of less Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48495 than $3,000,000 during the previous for channels shared between network Communications Act; video calendar year other than the obligation and local programming shall be programming distributed by direct to pass through video programming separately calculated for network and broadcast satellite (DBS) services in already captioned when received for non-network programming, with compliance with the noncommercial pursuant to paragraph (c) of this section. neither the network nor the local video programming requirement pursuant to (e) Responsibility for and programming provider being required to section 335(b)(3) of the Communications determination of compliance.—(1) spend more than 2% of its revenues for Act to the extent such video Compliance shall be calculated on a per captioning. Thus, for example, programming is exempt from the channel, calendar quarter basis; compliance with respect to a network editorial control of the video (2) Open captioning or subtitles in the service distributed by a multichannel programming provider; and video language of the target audience may be video service distributor, such as a cable programming distributed by a common used in lieu of closed captioning; operator, would be calculated based on carrier or that is distributed on an open (3) Live programming or repeats of the revenues received by the network video system pursuant to section 653 of programming originally transmitted live itself (as would the related captioning the Communications Act by an entity that are captioned using the so-called expenditure). For local service providers other than the open video system ‘‘electronic news room’’ technique will such as broadcasters, advertising operator. To the extent such video be considered captioned. The live revenues from station-controlled programming is not otherwise exempt portions of noncommercial inventory would be included. For cable from captioning, the entity that broadcasters’ fundraising activities that operators providing local origination contracts for its distribution shall be use automated software to create a programming, the annual gross revenues required to comply with the closed continuous captioned message will be received for each channel will be used captioning requirements of this section. considered captioned; to determine compliance. Evidence of (f) Procedures for exemptions based (4) Compliance will be required with compliance could include certification on undue burden.—(1) A video respect to the type of video from the network supplier that the programming provider, video programming generally distributed to requirements of the test had been met. residential households. Programming programming producer or video Multichannel video programming programming owner may petition the produced solely for closed circuit or distributors, in calculating non-network private distribution is not covered by Commission for a full or partial revenues for a channel offered to exemption from the closed captioning these rules; subscribers as part of a multichannel (5) Video programming that is exempt requirements. Exemptions may be package or tier, will not include a pro granted, in whole or in part, for a pursuant to paragraph (d) of this section rata share of subscriber revenues, but that contains captions, except video channel of video programming, a will include all other revenues from the category or type of video programming, programming exempt pursuant to channel, including advertising and paragraph (d)(5) of this section (late an individual video service, a specific ancillary revenues. Revenues for video program or a video programming night hours exemption), can count channels supported by direct sales of towards the compliance with the provider upon a finding that the closed products will include only the revenues captioning requirements will result in requirements for new programming from the product sales activity (e.g., prior to January 1, 2006. Video an undue burden. sales commissions) and not the (2) A petition for an exemption must programming that is exempt pursuant to revenues from the actual products paragraph (d) of this section that be supported by sufficient evidence to offered to subscribers. Evidence of demonstrate that compliance with the contains captions, except that video compliance could include certification requirements to closed caption video programming exempt pursuant to from the network supplier that the programming would cause an undue paragraph (d)(5) of this section (late requirements of this test have been met. night hours exemption), can count (8) If two or more networks (or burden. The term ‘‘undue burden’’ towards compliance with the sources of programming) share a single means significant difficulty or expense. requirements for pre-rule programming. channel, that channel shall be Factors to be considered when (6) For purposes of paragraph (d)(11) considered to be in compliance if each determining whether the requirements of this section, captioning expenses of the sources of video programming are for closed captioning impose an undue include direct expenditures for in compliance where they are carried on burden include: captioning as well as allowable costs a full time basis; (i) The nature and cost of the closed specifically allocated by a programming (9) Video programming distributors captions for the programming; supplier through the price of the video shall not be required to provide closed (ii) The impact on the operation of the programming to that video programming captioning for video programming that provider or program owner; provider. To be an allowable allocated is by law not subject to their editorial (iii) The financial resources of the cost, a programming supplier may not control, including but not limited to the provider or program owner; and allocate more than 100% of the costs of signals of television broadcast stations (iv) The type of operations of the captioning to individual video distributed pursuant to sections 614 and provider or program owner. programming providers. A programming 615 of the Communications Act or (3) In addition to these factors, the supplier may allocate the captioning pursuant to the compulsory copyright petition shall describe any other factors costs only once and may use any licensing provisions of sections 111 and the petitioner deems relevant to the commercially reasonable allocation 119 of the Copyright Act (Title 17 U.S.C. Commission’s final determination and method; 111 and 119); programming involving any available alternatives that might (7) For purposes of paragraphs (d)(11) candidates for public office covered by constitute a reasonable substitute for the and (d)(12) of this section, annual gross sections 315 and 312 of the closed captioning requirements revenues shall be calculated for each Communications Act and associated including, but not limited to, text or channel individually based on revenues policies; commercial leased access, graphic display of the content of the received in the preceding calendar year public access, governmental and audio portion of the programming. from all sources related to the educational access programming carried Undue burden shall be evaluated with programming on that channel. Revenue pursuant to sections 611 and 612 of the regard to the individual outlet. 48496 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

(4) An original and two (2) copies of instructions to the complainant on how information from the video a petition requesting an exemption to refile with the programmer. programming provider. based on the undue burden standard, (2) A complaint will not be (8) If the Commission finds that a and all subsequent pleadings, shall be considered if it is filed with the video violation has occurred, penalties may be filed in accordance with § 0.401(a) of programming distributor later than the imposed, including a requirement that this chapter. end of the calendar quarter following the video programming distributor (5) The Commission will place the the calendar quarter in which the deliver video programming containing petition on public notice. alleged violation has occurred. closed captioning in an amount (6) Any interested person may file (3) The video programming exceeding that specified in paragraph comments or oppositions to the petition distributor must respond in writing to a (b) of this section in a future time within 30 days of the public notice of complaint no later than 45 days after the period. end of the calendar quarter in which the the petition. Within 20 days of the close (h) Private rights of action of the comment period, the petitioner violation is alleged to have occurred or 45 days after receipt of a written prohibited.—Nothing in this section may reply to any comments or shall be construed to authorize any oppositions filed. complaint, whichever is later. (4) If a video programming distributor private right of action to enforce any (7) Comments or oppositions to the fails to respond to a complaint or a requirement of this section. The petition shall be served on the petitioner dispute remains following the initial Commission shall have exclusive and shall include a certification that the complaint resolution procedures, a jurisdiction with respect to any petitioner was served with a copy. complaint may be filed with the complaint under this section. Replies to comments or oppositions Commission within 30 days after the shall be served on the commenting or [FR Doc. 97–24504 Filed 9–15–97; 8:45 am] time allotted for the video programming opposing party and shall include a BILLING CODE 6712±01±P distributor to respond has ended. An certification that the commenter was original and two (2) copies of the served with a copy. complaint, and all subsequent pleadings (8) Upon a showing of good cause, the shall be filed in accordance with DEPARTMENT OF TRANSPORTATION Commission may lengthen or shorten § 0.401(a) of this chapter. The complaint any comment period and waive or shall include evidence that Research and Special Programs establish other procedural requirements. demonstrates the alleged violation of the Administration (9) All petitions and responsive closed captioning requirements of this pleadings shall contain a detailed, full section and shall certify that a copy of 49 CFR Part 193 showing, supported by affidavit, of any the complaint and the supporting facts or considerations relied on. evidence was first directed to the video [Docket No. PS±151; Amdt. 193±13] (10) The Commission may deny or programming distributor. A copy of the approve, in whole or in part, a petition complaint and any supporting RIN 2137±AC 88 for an undue burden exemption from documentation must be served on the the closed captioning requirements. video programming distributor. Liquefied Natural Gas RegulationsÐ (11) During the pendency of an undue (5) The video programming Miscellaneous Amendments burden determination, the video distributor shall have 15 days to programming subject to the request for respond to the complaint. In response to AGENCY: Research and Special Programs exemption shall be considered exempt a complaint, a video programming Administration (RSPA), DOT. from the closed captioning distributor is obligated to provide the ACTION: Correcting RIN numbers. requirements. Commission with sufficient records and (g) Complaint procedures.—(1) No documentation to demonstrate that it is SUMMARY: This document corrects the complaint concerning an alleged in compliance with the Commission’s RIN number of direct final rule [Docket violation of the closed captioning rules. The response to the complaint No. PS–151; Amdt. 193–13], published requirements of this section shall be shall be served on the complainant. in the Federal Register on February 25, filed with the Commission unless such (6) Certifications from programming 1997 (62 FR 8402). In the document complaint is first sent to the video suppliers, including programming heading on page 8402, the RIN number programming distributor responsible for producers, programming owners, ‘‘RIN 2137–AC91’’ is changed to read delivery and exhibition of the video networks, syndicators and other ‘‘RIN 2137–AC88.’’ The direct final rule programming. A complaint must be in distributors, may be relied on to updates Liquefied Natural Gas (LNG) writing, must state with specificity the demonstrate compliance. Distributors regulations by replacing older models alleged Commission rule violated and will not be held responsible for for calculating distances for gas must include some evidence of the situations where a program source dispersion and thermal radiations with alleged rule violation. In the case of an falsely certifies that programming the current models. This document also alleged violation by a television delivered to the distributor meets our corrects the RIN number of the Notice broadcast station or other programming captioning requirements if the [Docket No. PS–151; Notice 1], for which the video programming distributor is unaware that the published in the Federal Register on distributor is exempt from closed certification is false. Video July 8, 1997 (62 FR 36465). In the captioning responsibility pursuant to programming providers may rely on the document heading on page 36465, the paragraph (e)(9) of this section, the accuracy of certifications. Appropriate RIN number ‘‘RIN 2137–AC91’’ is complaint shall be sent directly to the action may be taken with respect to changed to read ‘‘RIN 2137–AC88.’’ The station or owner of the programming. A deliberate falsifications. notice confirmed the effective date of video programming distributor receiving (7) The Commission will review the the direct final rule above. a complaint regarding such complaint, including all supporting programming must forward the evidence, and determine whether a EFFECTIVE DATE: September 16, 1997. complaint within seven days of receipt violation has occurred. The Commission FOR FURTHER INFORMATION CONTACT: to the programmer or send written shall, as needed, request additional Mike Israni, (202) 366–4571. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48497

Issued in Washington, DC, on September DEPARTMENT OF COMMERCE be reached by September 13, 1997. 11, 1997. Therefore, fishing for, retaining, Richard B. Felder, National Oceanic and Atmospheric possessing, or landing large medium or Associate Administrator for Pipeline Safety. Administration giant ABT by vessels in the General [FR Doc. 97–24569 Filed 9–15–97; 8:45 am] category must cease at 11:30 p.m. local 50 CFR Part 285 time September 13, 1997. For the BILLING CODE 4910±60±P [I.D. 090897C] remainder of September, previously designated restricted-fishing days are Atlantic Tuna Fisheries; Atlantic waived, and anglers aboard General DEPARTMENT OF TRANSPORTATION Bluefin Tuna General Category category vessels may fish under rules applicable for the Angling category. The Surface Transportation Board AGENCY: National Marine Fisheries General category will reopen October 1, Service (NMFS), National Oceanic and 1997 with a quota of 72 mt for the 49 CFR Parts 1002 and 1108 Atmospheric Administration (NOAA), October-December period. Note that this Commerce. October-December period subquota [STB Ex Parte No. 560] ACTION: Closure. includes a 10–mt set aside for the New Arbitration of Certain Disputes Subject SUMMARY: NMFS has determined that York Bight fishery. If necessary, the October-December period subquota will to the Statutory Jurisdiction of the the 1997 Atlantic bluefin tuna (ABT) be adjusted based on actual landings Surface Transportation Board September period General category subquota will be attained by September from the current period. The intent of this closure is to prevent AGENCY: 13, 1997. Therefore, the General Surface Transportation Board, overharvest of the September period DOT. category fishery for September will be closed effective at 11:30 p.m. on subquota established for the General ACTION: Final rule; correction. September 13, 1997. This action is being category. taken to prevent overharvest of the Classification SUMMARY: This document corrects the adjusted 195 metric tons (mt) subquota This action is taken under 50 CFR final rule published in the Federal for the September period. 285.20(b) and 50 CFR 285.22 and is Register on September 2, 1997, 62 FR DATES: Effective 11:30 p.m. local time exempt from review under E.O. 12866. 46217, allowing arbitration of certain on September 13, 1997, through Authority: 16 U.S.C. 971 et seq. disputes subject to the jurisdiction of September 30, 1997. the Surface Transportation Board, to FOR FURTHER INFORMATION CONTACT: Dated: September 10, 1997. include the necessary small business Sarah McLaughlin, 301–713–2347, or Gary C. Matlock, impact certification. Pat Scida, 508–281–9260. Director, Office of Sustainable Fisheries, National Marine Fisheries Service. EFFECTIVE DATE: October 2, 1997. SUPPLEMENTARY INFORMATION: Regulations implemented under the [FR Doc. 97–24578 Filed 9–11–97; 2:56 pm] FOR FURTHER INFORMATION CONTACT: authority of the Atlantic Tunas BILLING CODE 3510±22±F Ellen Hanson, (202) 565–1558. [TDD for Convention Act (16 U.S.C. 971 et seq.) the hearing impaired: (202) 565–1695.] governing the harvest of ABT by persons and vessels subject to U.S. jurisdiction DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The are found at 50 CFR part 285. Section Surface Transportation Board (Board) National Oceanic and Atmospheric 285.22 subdivides the U.S. quota has adopted rules providing a means for Administration recommended by the International the binding, voluntary arbitration of Commission for the Conservation of 50 CFR Part 679 certain disputes subject to the statutory Atlantic Tunas (ICCAT) among the jurisdiction of the Board. By oversight, various domestic fishing categories. [Docket No. 961126334±7025±02; I.D. the Board’s certification that these rules 091097D] will not have a significant economic General Category Closure Fisheries of the Exclusive Economic effect on a substantial number of small NMFS is required, under Zone Off Alaska; Pollock in Statistical entities (set forth on page 12 of the § 285.20(b)(1), to monitor the catch and Area 630 of the Gulf of Alaska Board’s decision) was not included in landing statistics and, on the basis of the Federal Register notice. these statistics, to project a date when AGENCY: National Marine Fisheries Accordingly, in the final rule published the catch of ABT will equal the quota Service (NMFS), National Oceanic and on September 2, 1997 (62 FR 46217), and publish a Federal Register Atmospheric Administration (NOAA), make the following correction: announcement to close the applicable Commerce. fishery. ACTION: Closure. On page 46217, in the first column, at Implementing regulations for the the end of the last complete paragraph Atlantic tuna fisheries at 50 CFR 285.22 SUMMARY: NMFS is prohibiting directed add the following sentence: ‘‘The Board provide for a subquota of 187 mt of large fishing for pollock in Statistical Area certifies that these rules will not have a medium and giant ABT to be harvested 630 of the Gulf of Alaska (GOA). This significant economic effect on a from the regulatory area by vessels action is necessary to prevent exceeding substantial number of small entities.’’ permitted in the General category the 1997 total allowable catch (TAC) for By the Board, Vernon A. Williams, during the period beginning September pollock in this area. Secretary. 1 and ending September 30. Due to an DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 12, 1997, until Vernon A. Williams, underharvest of 8 mt in the June-August period subquota, the September period 2400 hrs, A.l.t., December 31, 1997. Secretary. subquota was adjusted to 195 mt. Based FOR FURTHER INFORMATION CONTACT: FOR [FR Doc. 97–24409 Filed 9–15–97; 8:45 am] on reported catch and effort, NMFS FURTHER INFORMATION CONTACT: BILLING CODE 4915±00±P projects that this revised subquota will Thomas Pearson, 907–486-6919. 48498 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

SUPPLEMENTARY INFORMATION: The Classification Subpart H of 50 CFR part 600 and 50 groundfish fishery in the GOA exclusive This action is required by 50 CFR CFR part 679. economic zone is managed by NMFS 679.20 and is exempt from review under The 1997 Pacific halibut bycatch according to the Fishery Management E.O. 12866. allowance specified for the BSAI Plan for Groundfish of the Gulf of pollock/Atka mackerel/‘‘other species’’ Alaska (FMP) prepared by the North Authority: 16 U.S.C. 1801 et seq. fishery category, which is defined at Pacific Fishery Management Council Dated: September 10, 1997. § 679.21(e)(3)(iv)(F), was established by under authority of the Magnuson- Gary C. Matlock, the Final 1997 Harvest Specifications of Stevens Fishery Conservation and Director Office of Sustainable Fisheries, Groundfish for the BSAI (62 FR 7168, Management Act. Fishing by U.S. National Marine Fisheries Service. February 18, 1997) as 350 metric tons. vessels is governed by regulations [FR Doc. 97–24519 Filed 9–11–97; 2:54 pm] In accordance with § 679.21(e)(7)(iv), implementing the FMP at subpart H of BILLING CODE 3510±22±F the Administrator, Alaska Region, 50 CFR part 600 and 50 CFR part 679. NMFS, has determined that the 1997 The 1997 TAC for pollock in Pacific halibut bycatch allowance Statistical Area 630 of the GOA was DEPARTMENT OF COMMERCE specified for the trawl pollock/Atka established as 24,550 metric tons (mt) mackerel/‘‘other species’’ fishery in the by the Final 1997 Harvest Specifications National Oceanic and Atmospheric BSAI has been caught. Consequently, of Groundfish for the GOA (62 FR 8179, Administration NMFS is closing directed fishing for February 24, 1997), determined in pollock by trawl vessels using accordance with § 679.20(a)(5)(ii)(A). 50 CFR Part 679 In accordance with § 679.20(d)(1)(i), nonpelagic trawl gear in the BSAI. the Administrator, Alaska Region, [Docket No. 961107312±7021±02; I.D. Maximum retainable bycatch amounts NMFS (Regional Administrator), has 091097C] may be found in the regulations at determined that the 1997 TAC for § 679.20(e) and (f). Fisheries of the Exclusive Economic pollock in Statistical Area 630 will soon Classification be reached. Therefore, the Regional Zone Off Alaska; Pollock by Trawl Administrator is establishing a directed Vessels Using Nonpelagic Trawl Gear This action responds to the best fishing allowance of 24,050 mt, and is in Bering Sea and Aleutian Islands available information recently obtained from the fishery. It must be setting aside the remaining 500 mt as AGENCY: National Marine Fisheries implemented immediately to prevent bycatch to support other anticipated Service (NMFS), National Oceanic and overharvesting the 1997 Pacific halibut groundfish fisheries. In accordance with Atmospheric Administration (NOAA), bycatch allowance specified for the § 679.20(d)(1)(iii), the Regional Commerce. Administrator finds that this directed trawl pollock/Atka mackerel/‘‘other ACTION: Closure. fishing allowance will soon be reached. species’’ fishery category in the BSAI. Providing prior notice and an Consequently, NMFS is closing directed SUMMARY: NMFS is closing directed fishing for pollock in Statistical Area fishing for pollock by trawl vessels opportunity for public comment for this 630 of the GOA. using nonpelagic trawl gear in the action is impracticable and contrary to Maximum retainable bycatch amounts Bering Sea and Aleutian Islands public interest. The fleet has taken the for applicable gear types may be found management area (BSAI). This action is Pacific halibut bycatch allowance in the regulations at § 679.20(e) and (f). necessary to prevent exceeding the 1997 specified for the trawl pollock/Atka This action responds to the best Pacific halibut bycatch allowance mackerel/‘‘other species’’ fishery available information recently obtained specified for the trawl pollock/Atka category in the BSAI. Further delay from the fishery. It must be mackerel/‘‘other species’’ fishery would only result in overharvest and implemented immediately to prevent category. disrupt the FMP’s objective of allowing overharvesting the 1997 TAC for pollock incidental catch to be retained in Statistical Area 630 of the GOA. DATES: Effective 1200 hrs, Alaska local throughout the year. NMFS finds for Providing prior notice and an time (A.l.t.), September 11, 1997, A.l.t., good cause that the implementation of opportunity for public comment is December 31, 1997. this action cannot be delayed for 30 impracticable and contrary to public FOR FURTHER INFORMATION CONTACT: days. Accordingly, under 5 U.S.C. interest. The fleet will soon take the Mary Furuness, 907–586-7228. 553(d), a delay in the effective date is directed fishing allowance for pollock in SUPPLEMENTARY INFORMATION: The hereby waived. Statistical Area 630 of the GOA. Further groundfish fishery in the BSAI exclusive This action is required by 50 CFR delay would only result in overharvest economic zone is managed by NMFS 679.21 and is exempt from review under which would disrupt the FMP’s according to the Fishery Management E.O. 12866. objective of providing sufficient pollock Plan for the Groundfish Fishery of the Authority: 16 U.S.C. 1801 et seq. as bycatch to support other anticipated Bering Sea and Aleutian Islands Area groundfish fisheries. NMFS finds for (FMP) prepared by the North Pacific Dated: September 10, 1997. good cause that the implementation of Fishery Management Council under Gary C. Matlock, this action cannot be delayed for 30 authority of the Magnuson-Stevens Director, Office of Sustainable Fisheries, days. Accordingly, under 5 U.S.C. Fishery Conservation and Management National Marine Fisheries Service. 553(d), a delay in the effective date is Act. Fishing by U.S. vessels is governed [FR Doc. 97–24518 Filed 9–11–97; 2:55 pm] hereby waived. by regulations implementing the FMP at BILLING CODE 3510±22±F 48499

Proposed Rules Federal Register Vol. 62, No. 179

Tuesday, September 16, 1997

This section of the FEDERAL REGISTER may be inspected at this location Discussion contains notices to the public of the proposed between 8 a.m. and 4 p.m., Monday In October 1994, a transport category issuance of rules and regulations. The through Friday, holidays excepted. purpose of these notices is to give interested airplane was involved in an accident in persons an opportunity to participate in the This information also may be which severe icing conditions (believed rule making prior to the adoption of the final examined at the Rules Docket at the to be composed of freezing drizzle or rules. address above. supercooled large droplets (SLD)) were FOR FURTHER INFORMATION CONTACT: Mr. reported in the area. Loss of control of John P. Dow, Sr., Aerospace Engineer, the airplane may have occurred because DEPARTMENT OF TRANSPORTATION Small Airplane Directorate, Aircraft ice accretion on the upper surface of the Certification Service, 1201 Walnut, suite wing aft of the area protected by the ice Federal Aviation Administration 900, Kansas City, Missouri s64106, protection system caused airflow telephone (816) 425–6932, facsimile 14 CFR Part 39 separation, which resulted in the (816) 426–2169. ailerons being forced to a right-wing- [Docket No. 97±CE±53±AD] down control position. There also is SUPPLEMENTARY INFORMATION: RIN 2120±AA64 concern that the autopilot, which was Comments Invited engaged, may have masked the unusual Airworthiness Directives; Pilatus Interested persons are invited to control forces generated by the ice Aircraft Ltd. Models PC±12 and PC±12/ participate in the making of the accumulation. These conditions, if not 45 Airplanes proposed rule by submitting such corrected, could result in a roll upset from which the flight crew may be AGENCY: Federal Aviation written data, views, or arguments as they may desire. Communications unable to recover. Administration, DOT. The atmospheric conditions (freezing should identify the rules docket number ACTION: Notice of proposed rulemaking drizzle or SLD conditions) that may and be submitted in triplicate to the (NPRM). have contributed to the accident are address specified above. All outside the icing envelope specified in SUMMARY: This document proposes to communications received on or before Appendix C of part 25 of the Federal adopt a new airworthiness directive the closing date for comments, specified Aviation Regulations (14 CFR part 25) (AD) that would apply to certain Pilatus above, will be considered before taking for certification of the airplane. Such Aircraft Ltd. (Pilatus) Models PC–12 and action on the proposed rule. The icing conditions are not defined in PC–12/45 airplanes. This proposal proposals contained in this notice may Appendix C, and the FAA has not would require revising the FAA- be changed in light of the comments required that airplanes be shown to be approved Airplane Flight Manual received. capable of operating safely in those (AFM) to specify procedures that would Comments are specifically invited on icing conditions. prohibit flight in severe icing conditions the overall regulatory, economic, The FAA finds that flight crews are (as determined by certain visual cues), environmental, and energy aspects of not currently provided with adequate limit or prohibit the use of various flight the proposed rule. All comments information necessary to determine control devices while in severe icing submitted will be available, both before when the airplane is operating in icing conditions, and provide the flight crew and after the closing date for comments, conditions for which the airplane is not with recognition cues for, and in the rules docket for examination by certificated or what action to take when procedures for exiting from, severe icing interested persons. A report that such conditions are encountered. conditions. The proposed AD is summarizes each FAA-public contact Therefore, the FAA has determined that prompted by the results of a review of concerned with the substance of this flight crews must be provided with such the requirements for certification of proposal will be filed in the rules information and must be made aware of these airplanes in icing conditions, new docket. certain visual cues that may indicate the information on the icing environment, Commenters wishing the FAA to airplane is operating in atmospheric and icing data provided currently to the acknowledge receipt of their comments conditions that are outside the icing flight crew. The actions specified by the submitted in response to this notice envelope. proposed AD are intended to minimize must submit a self-addressed, stamped Since such information is not the potential hazards associated with postcard on which the following available to flight crews, and no operating these airplanes in severe icing statement is made: ‘‘Comments to airplane is certificated for operation in conditions by providing more clearly Docket No. 97–CE–53–AD.’’ The severe icing conditions, such as freezing defined procedures and limitations postcard will be date stamped and drizzle or SLD conditions, the FAA associated with such conditions. returned to the commenter. finds that the potentially unsafe DATES: Comments must be received on Availability of NPRMs condition (described previously as or before October 14, 1997. control difficulties following operation ADDRESSES: Submit comments in Any person may obtain a copy of this of the airplane in icing conditions triplicate to the Federal Aviation NPRM by submitting a request to the outside the icing envelope) is not Administration (FAA), Central Region, FAA, Central Region, Office of the limited to airplanes having the same Office of the Assistant Chief Counsel, Assistant Chief Counsel, Attention: type design as that of the accident Attention: Rules Docket No. 97–CE–53– Rules Docket No. 97–CE–53–AD, Room airplane. AD, Room 1558, 601 E. 12th Street, 1558, 601 E. 12th Street, Kansas City, The FAA recognizes that the flight Kansas City, Missouri 64106. Comments Missouri 64106. crew of any airplane that is certificated 48500 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules for flight in icing conditions may not the flight crew of an airplane having an passenger service. The FAA issued the have adequate information concerning unpowered roll control system must following airworthiness directives icing conditions outside the icing rely solely on physical strength to (AD’s) that addressed airplanes that met envelope. However, in 1996, the FAA counteract roll control anomalies, these criteria. These AD’s identified found that the specified unsafe whereas a roll control anomaly that visual cues for recognizing severe icing condition must be addressed as a higher occurs on an airplane having a powered conditions, procedures for exiting these priority on airplanes equipped with roll control system need not be offset conditions, and prohibitions on the use unpowered roll control systems and directly by the flight crew. The FAA of various flight control devices. These pneumatic de-icing boots. These also placed a priority on airplanes that AD’s consisted of the following airplane airplanes were addressed first because are used in regularly scheduled models.

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151. 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD. Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD. Partenavia Costruzioni Aeronauticas, S.p.A. Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD. Industrie Aeronautiche e Meccaniche, Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD. Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD. Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD. SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD. Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD. Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD. F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, and ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD. 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD. The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD. The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, 97±CE±61±AD. PA±31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD. Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD. 441. SIAIÐMarchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD. Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170± AD. Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171± AD. Gulfstream Aerospace, Model G±159 series ...... 97±NM±172± AD. McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173± AD. Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174± AD. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48501

Airplane models Docket No.

Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175± AD. Fairchild, Models F27 and FH227 series ...... 97±NM±176± AD. Lockheed Models ...... 97±NM±177± AD.

The FAA’s Determination of the FAA-approved AFM to specify in accordance with Executive Order Following examination of all relevant procedures that would: 12612, it is determined that this • Limit the use of the flaps and information, the FAA has determined proposal would not have sufficient prohibit the use of the autopilot when that certain limitations and procedures federalism implications to warrant the ice is observed forming aft of the should be included in the FAA- preparation of a Federalism Assessment. protected surfaces of the wing, or if For the reasons discussed above, I approved Airplane Flight Manual unusual lateral trim requirements or certify that this action (1) is not a (AFM) for the affected airplanes as autopilot trim warnings are ‘‘significant regulatory action’’ under follows: encountered; and Executive Order 12866; (2) is not a • All Pilatus Models PC–12 and PC– • Provide the flight crew with ‘‘significant rule’’ under DOT 12/45 airplanes must be prohibited from recognition cues for, and procedures for Regulatory Policies and Procedures (44 flight in severe icing conditions (as exiting from, severe icing conditions. FR 11034, February 26, 1979); and (3) if determined by certain visual cues), and promulgated, will not have a significant • Flight crews must be provided with Cost Impact economic impact, positive or negative, information that would minimize the The FAA estimates that 4 airplanes in on a substantial number of small entities potential hazards associated with the U.S. registry would be affected by under the criteria of the Regulatory operating the airplane in severe icing the proposed AD, that it would take Flexibility Act. A copy of the draft conditions. approximately 1 workhour per airplane regulatory evaluation prepared for this The FAA has determined that such to accomplish the proposed action, and action has been placed in the Rules limitations and procedures currently are that the average labor rate is Docket. A copy of it may be obtained by not defined adequately in the AFM for approximately $60 an hour. Since an contacting the Rules Docket at the these airplanes. owner/operator who holds at least a location provided under the caption These airplane models are private pilot’s certificate as authorized ADDRESSES. manufactured in Switzerland and are by sections 43.7 and 43.11 of the type certificated for operations in the Federal Aviation Regulations (14 CFR List of Subjects in 14 CFR Part 39 United States under the provisions of 47.7 and 43.11) can accomplish the Air transportation, Aircraft, Aviation Section 21.29 of the Federal Aviation proposed action, the only cost impact safety, Safety. Regulations (14 CFR 21.29) and the upon the public is the time it would The Proposed Amendment applicable bilateral airworthiness take the affected airplane owners/ agreement. operators to incorporate the proposed Accordingly, pursuant to the Explanation of the Provisions of the AFM revisions. authority delegated to me by the Proposed AD The cost impact figure discussed Administrator, the Federal Aviation above is based on assumptions that no Administration proposes to amend part Since an unsafe condition has been operator has yet accomplished any of 39 of the Federal Aviation Regulations identified in which an unrecoverable the proposed requirements of this AD (14 CFR part 39) as follows: roll upset may occur, as a result of action, and that no operator would exposure to severe icing conditions that accomplish those actions in the future if PART 39ÐAIRWORTHINESS are outside the icing limits for which this AD were not adopted. DIRECTIVES the airplanes were certificated, the In addition, the FAA recognizes that 1. The authority citation for part 39 proposed AD would require revising the the proposed action may impose continues to read as follows: Limitations Section of the FAA- operational costs. However, these costs approved AFM to specify procedures are incalculable because the frequency Authority: 49 USC 106(g), 40113, 44701. that would: of occurrence of the specified §39.13 [Amended] • Require flight crews to immediately conditions and the associated additional 2. Section 39.13 is amended by request priority handling from Air flight time cannot be determined. adding a new airworthiness directive Traffic Control to exit severe icing Nevertheless, because of the severity of (AD) to read as follows: conditions (as determined by certain the unsafe condition, the FAA has visual cues); determined that continued operational Pilatus Aircraft Ltd.: Docket No. 97–CE–53– • Prohibit use of the autopilot when safety necessitates the imposition of the AD. ice is formed aft of the protected costs. Applicability: Models PC–12 and PC–12/45 surfaces of the wing, or when an airplanes (all serial numbers), certificated in unusual lateral trim condition exists; Regulatory Impact any category. and The regulations proposed herein Note 1: This AD applies to each airplane • Require that all icing wing would not have substantial direct effects identified in the preceding applicability provision, regardless of whether it has been inspection lights be operative prior to on the States, on the relationship modified, altered, or repaired in the area flight into known or forecast icing between the national government and subject to the requirements of this AD. For conditions at night. the States, or on the distribution of airplanes that have been modified, altered, or This proposed AD would also require power and responsibilities among the repaired so that the performance of the revising the Normal Procedures Section various levels of government. Therefore, requirements of this AD is affected, the 48502 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules owner/operator must request approval for an ‘‘THE FOLLOWING WEATHER Note 3: Information concerning the alternative method of compliance in CONDITIONS MAY BE CONDUCIVE TO existence of approved alternative methods of accordance with paragraph (d) of this AD. SEVERE IN-FLIGHT ICING: compliance with this AD, if any, may be The request should include an assessment of • Visible rain at temperatures below 0 obtained from the Small Airplane the effect of the modification, alteration, or degrees Celsius ambient air temperature. Directorate. repair on the unsafe condition addressed by • Droplets that splash or splatter on impact (e) All persons affected by this directive this AD; and, if the unsafe condition has not at temperatures below 0 degrees Celsius may examine information related to this AD been eliminated, the request should include ambient air temperature. at the FAA, Central Region, Office of the specific proposed actions to address it. Assistant Chief Counsel, Room 1558, 601 E. Compliance: Required as indicated, unless PROCEDURES FOR EXITING THE SEVERE 12th Street, Kansas City, Missouri 64106. ICING ENVIRONMENT: already accomplished. Issued in Kansas City, Missouri, on To minimize the potential hazards These procedures are applicable to all September 9, 1997. associated with operating the airplane in flight phases from takeoff to landing. Monitor James E. Jackson, severe icing conditions by providing more the ambient air temperature. While severe Acting Manager, Small Airplane Directorate, clearly defined procedures and limitations icing may form at temperatures as cold as -18 Aircraft Certification Service. associated with such conditions, accomplish degrees Celsius, increased vigilance is the following: warranted at temperatures around freezing [FR Doc. 97–24481 Filed 9–15–97; 8:45 am] (a) Within 30 days after the effective date with visible moisture present. If the visual BILLING CODE 4910±13±U of this AD, accomplish the requirements of cues specified in the Limitations Section of paragraphs (a)(1) and (a)(2) of this AD. the AFM for identifying severe icing Note 2: Operators should initiate action to conditions are observed, accomplish the DEPARTMENT OF TRANSPORTATION notify and ensure that flight crewmembers following: • are apprised of this change. Immediately request priority handling Federal Aviation Administration from Air Traffic Control to facilitate a route (1) Revise the FAA-approved Airplane or an altitude change to exit the severe icing 14 CFR Part 39 Flight Manual (AFM) by incorporating the conditions in order to avoid extended following into the Limitations Section of the exposure to flight conditions more severe AFM. This may be accomplished by inserting [Docket No. 97±CE±52±AD] than those for which the airplane has been a copy of this AD in the AFM. certificated. ‘‘WARNING • Avoid abrupt and excessive RIN 2120±AA64 Severe icing may result from maneuvering that may exacerbate control Airworthiness Directives: Industrie environmental conditions outside of those for difficulties. • Do not engage the autopilot. Aeronautiche e Meccaniche Rinaldo which the airplane is certificated. Flight in • freezing rain, freezing drizzle, or mixed icing If the autopilot is engaged, hold the Piaggio, S.p.A., Model P±180 Airplanes conditions (supercooled liquid water and ice control wheel firmly and disengage the autopilot. AGENCY: Federal Aviation crystals) may result in ice build-up on • protected surfaces exceeding the capability of If an unusual roll response or Administration, DOT. uncommanded roll control movement is the ice protection system, or may result in ice ACTION: Notice of proposed rulemaking observed, reduce the angle-of-attack. forming aft of the protected surfaces. This ice • (NPRM). may not be shed using the ice protection Do not extend flaps when holding in icing conditions. Operation with flaps systems, and may seriously degrade the SUMMARY: This document proposes to extended can result in a reduced wing angle- performance and controllability of the adopt a new airworthiness directive airplane. of-attack, with the possibility of ice forming on the upper surface further aft on the wing (AD) that would apply to certain During flight, severe icing conditions that Industrie Aeronautiche e Meccaniche exceed those for which the airplane is than normal, possibly aft of the protected area. Rinaldo Piaggio, S.p.A. (Piaggio) Model certificated shall be determined by the • following visual cues. If one or more of these If the flaps are extended, do not retract P–180 airplanes. This proposal would them until the airframe is clear of ice. require revising the FAA-approved visual cues exists, immediately request • priority handling from Air Traffic Control to Report these weather conditions to Air Airplane Flight Manual (AFM) to facilitate a route or an altitude change to exit Traffic Control.’’ specify procedures that would prohibit the icing conditions. (b) Incorporating the AFM revisions, as flight in severe icing conditions (as required by this AD, may be performed by determined by certain visual cues), limit —Unusually extensive ice accumulation on the owner/operator holding at least a private the airframe and windshield in areas not pilot certificate as authorized by section 43.7 or prohibit the use of various flight normally observed to collect ice. of the Federal Aviation Regulations (14 CFR control devices while in severe icing —Accumulation of ice on the upper surface 43.7), and must be entered into the aircraft conditions, and provide the flight crew of the wing aft of the protected area. records showing compliance with this AD in with recognition cues for, and • Since the autopilot, when installed and accordance with section 43.11 of the Federal procedures for exiting from, severe icing operating, may mask tactile cues that indicate Aviation Regulations (14 CFR 43.11). conditions. The proposed AD is adverse changes in handling characteristics, (c) Special flight permits may be issued in prompted by the results of a review of use of the autopilot is prohibited when any accordance with sections 21.197 and 21.199 the requirements for certification of of the visual cues specified above exist, or of the Federal Aviation Regulations (14 CFR these airplanes in icing conditions, new when unusual lateral trim requirements or 21.197 and 21.199) to operate the airplane to autopilot trim warnings are encountered a location where the requirements of this AD information on the icing environment, while the airplane is in icing conditions. can be accomplished. and icing data provided currently to the • All wing icing inspection lights must be (d) An alternative method of compliance or flight crew. The actions specified by the operative prior to flight into known or adjustment of the compliance time that proposed AD are intended to minimize forecast icing conditions at night. [NOTE: provides an acceptable level of safety may be the potential hazards associated with This supersedes any relief provided by the used if approved by the Manager, Small operating these airplanes in severe icing Master Minimum Equipment List (MMEL).]’’ Airplane Directorate, FAA, 1201 Walnut, conditions by providing more clearly (2) Revise the FAA-approved AFM by suite 900, Kansas City, Missouri 64106. The defined procedures and limitations incorporating the following into the Normal request shall be forwarded through an associated with such conditions. Procedures Section of the AFM. This may be appropriate FAA Maintenance Inspector, accomplished by inserting a copy of this AD who may add comments and then send it to DATES: Comments must be received on in the AFM. the Manager, Small Airplane Directorate. or before October 14, 1997. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48503

ADDRESSES: Submit comments in postcard on which the following such conditions are encountered. triplicate to the Federal Aviation statement is made: ‘‘Comments to Therefore, the FAA has determined that Administration (FAA), Central Region, Docket No. 97–CE–52–AD.’’ The flight crews must be provided with such Office of the Assistant Chief Counsel, postcard will be date stamped and information and must be made aware of Attention: Rules Docket No. 97–CE–52– returned to the commenter. certain visual cues that may indicate the AD, Room 1558, 601 E. 12th Street, airplane is operating in atmospheric Availability of NPRMs Kansas City, Missouri 64106. Comments conditions that are outside the icing may be inspected at this location Any person may obtain a copy of this envelope. between 8 a.m. and 4 p.m., Monday NPRM by submitting a request to the Since such information is not through Friday, holidays excepted. FAA, Central Region, Office of the available to flight crews, and no This information also may be Assistant Chief Counsel, Attention: airplane is certificated for operation in examined at the rules docket at the Rules Docket No. 97–CE–52–AD, Room severe icing conditions, such as freezing address above. 1558, 601 E. 12th Street, Kansas City, drizzle or SLD conditions, the FAA FOR FURTHER INFORMATION CONTACT: Missouri 64106. Mr. finds that the potentially unsafe John P. Dow, Sr., Aerospace Engineer, Discussion condition (described previously as Small Airplane Directorate, Aircraft control difficulties following operation Certification Service, 1201 Walnut, suite In October 1994, a transport category of the airplane in icing conditions 900, Kansas City, Missouri 64106, airplane was involved in an accident in outside the icing envelope) is not telephone (816) 426–6932, facsimile which severe icing conditions (believed limited to airplanes having the same (816) 426–2169. to be composed of freezing drizzle or supercooled large droplets (SLD)) were type design as that of the accident SUPPLEMENTARY INFORMATION: reported in the area. Loss of control of airplane. Comments Invited the airplane may have occurred because The FAA recognizes that the flight Interested persons are invited to ice accretion on the upper surface of the crew of any airplane that is certificated participate in the making of the wing aft of the area protected by the ice for flight in icing conditions may not proposed rule by submitting such protection system caused airflow have adequate information concerning written data, views, or arguments as separation, which resulted in the icing conditions outside the icing they may desire. Communications ailerons being forced to a right-wing- envelope. However, in 1996, the FAA should identify the rules docket number down control position. There also is found that the specified unsafe and be submitted in triplicate to the concern that the autopilot, which was condition must be addressed as a higher address specified above. All engaged, may have masked the unusual priority on airplanes equipped with communications received on or before control forces generated by the ice unpowered roll control systems and the closing date for comments, specified accumulation. These conditions, if not pneumatic de-icing boots. These above, will be considered before taking corrected, could result in a roll upset airplanes were addressed first because action on the proposed rule. The from which the flight crew may be the flight crew of an airplane having an proposals contained in this notice may unable to recover. unpowered roll control system must be changed in light of the comments The atmospheric conditions (freezing rely solely on physical strength to received. drizzle or SLD conditions) that may counteract roll control anomalies, Comments are specifically invited on have contributed to the accident are whereas a roll control anomaly that the overall regulatory, economic, outside the icing envelope specified in occurs on an airplane having a powered environmental, and energy aspects of Appendix C of part 25 of the Federal roll control system need not be offset the proposed rule. All comments Aviation Regulations (14 CFR part 25) directly by the flight crew. The FAA submitted will be available, both before for certification of the airplane. Such also placed a priority on airplanes that and after the closing date for comments, icing conditions are not defined in are used in regularly scheduled in the rules docket for examination by Appendix C, and the FAA has not passenger service. The FAA issued the interested persons. A report that required that airplanes be shown to be following airworthiness directives summarizes each FAA-public contact capable of operating safely in those (AD’s) that addressed airplanes that met concerned with the substance of this icing conditions. these criteria. These AD’s identified proposal will be filed in the rules The FAA finds that flight crews are visual cues for recognizing severe icing docket. not currently provided with adequate conditions, procedures for exiting these Commenters wishing the FAA to information necessary to determine conditions, and prohibitions on the use acknowledge receipt of their comments when the airplane is operating in icing of various flight control devices. These submitted in response to this notice conditions for which the airplane is not AD’s consisted of the following airplane must submit a self-addressed, stamped certificated or what action to take when models.

Federal Register Docket No. Manufacturer airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 48504 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Federal Register Docket No. Manufacturer airplane model citation

96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151. 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD. Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD. Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD. Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD. Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD. Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD. SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD. Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD. Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD. F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD. 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD. The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD. The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, A±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD. 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD. Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD. 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD. Cessna Aircraft Company, Models 500, 550, and 560 series ...... 97±NM±170± AD. Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171± AD. Gulfstream Aerospace, Model G±159 series ...... 97±NM±172± AD. McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173± AD. Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174± AD. Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175± AD. Fairchild, Models F27 and FH227 series ...... 97±NM±176± AD. Lockheed Models ...... 97±NM±177± AD.

The FAA’s Determination icing conditions (as determined by not defined adequately in the AFM for Following examination of all relevant certain visual cues), and these airplanes. information, the FAA has determined • Flight crews must be provided with These airplane models are that certain limitations and procedures information that would minimize the manufactured in Italy and are type should be included in the FAA- potential hazards associated with certificated for operations in the United approved Airplane Flight Manual operating the airplane in severe icing States under the provisions of Section (AFM) for the affected airplanes as conditions. 21.29 of the Federal Aviation follows: Regulations (14 CFR 21.29) and the The FAA has determined that such • All Piaggio Model P–180 airplanes applicable bilateral airworthiness limitations and procedures currently are must be prohibited from flight in severe agreement. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48505

Explanation of the Provisions of the operational costs. However, these costs Applicability: Model P–180 airplanes (all Proposed AD are incalculable because the frequency serial numbers), certificated in any category. NOTE 1: This AD applies to each airplane Since an unsafe condition has been of occurrence of the specified conditions and the associated additional identified in the preceding applicability identified in which an unrecoverable provision, regardless of whether it has been roll upset may occur, as a result of flight time cannot be determined. Nevertheless, because of the severity of modified, altered, or repaired in the area exposure to severe icing conditions that subject to the requirements of this AD. For are outside the icing limits for which the unsafe condition, the FAA has airplanes that have been modified, altered, or the airplanes were certificated, the determined that continued operational repaired so that the performance of the proposed AD would require revising the safety necessitates the imposition of the requirements of this AD is affected, the Limitations Section of the FAA- costs. owner/operator must request approval for an alternative method of compliance in approved AFM to specify procedures Regulatory Impact accordance with paragraph (d) of this AD. that would: The regulations proposed herein The request should include an assessment of • Require flight crews to immediately would not have substantial direct effects the effect of the modification, alteration, or request priority handling from Air on the States, on the relationship repair on the unsafe condition addressed by Traffic Control to exit severe icing this AD; and, if the unsafe condition has not between the national government and conditions (as determined by certain been eliminated, the request should include the States, or on the distribution of visual cues); specific proposed actions to address it. power and responsibilities among the • Prohibit use of the autopilot when Compliance: Required as indicated, unless various levels of government. Therefore, ice is formed aft of the protected already accomplished. in accordance with Executive Order surfaces of the wing, or when an To minimize the potential hazards 12612, it is determined that this associated with operating the airplane in unusual lateral trim condition exists; proposal would not have sufficient severe icing conditions by providing more and federalism implications to warrant the clearly defined procedures and limitations • Require that all icing wing preparation of a Federalism Assessment. associated with such conditions, accomplish inspection lights be operative prior to For the reasons discussed above, I the following: flight into known or forecast icing certify that this action (1) is not a (a) Within 30 days after the effective date conditions at night. of this AD, accomplish the requirements of ‘‘significant regulatory action’’ under This proposed AD would also require paragraphs (a)(1) and (a)(2) of this AD. Executive Order 12866; (2) is not a revising the Normal Procedures Section Note 2: Operators should initiate action to ‘‘significant rule’’ under DOT of the FAA-approved AFM to specify notify and ensure that flight crewmembers Regulatory Policies and Procedures (44 procedures that would: are apprised of this change. FR 11034, February 26, 1979); and (3) if • Limit the use of the flaps and (1) Revise the FAA-approved Airplane promulgated, will not have a significant prohibit the use of the autopilot when Flight Manual (AFM) by incorporating the economic impact, positive or negative, ice is observed forming aft of the following into the Limitations Section of the on a substantial number of small entities protected surfaces of the wing, or if AFM. This may be accomplished by inserting under the criteria of the Regulatory a copy of this AD in the AFM. unusual lateral trim requirements or Flexibility Act. A copy of the draft autopilot trim warnings are ‘‘WARNING regulatory evaluation prepared for this encountered; and action has been placed in the Rules Severe icing may result from • Provide the flight crew with environmental conditions outside of those for Docket. A copy of it may be obtained by recognition cues for, and procedures for which the airplane is certificated. Flight in contacting the Rules Docket at the exiting from, severe icing conditions. freezing rain, freezing drizzle, or mixed icing location provided under the caption conditions (supercooled liquid water and ice Cost Impact ADDRESSES. crystals) may result in ice build-up on The FAA estimates that 4 airplanes in protected surfaces exceeding the capability of List of Subjects in 14 CFR Part 39 the ice protection system, or may result in ice the U.S. registry would be affected by Air transportation, Aircraft, Aviation forming aft of the protected surfaces. This ice the proposed AD, that it would take safety, Safety. may not be shed using the ice protection approximately 1 workhour per airplane systems, and may seriously degrade the to accomplish the proposed action, and The Proposed Amendment performance and controllability of the that the average labor rate is Accordingly, pursuant to the airplane. • During flight, severe icing conditions approximately $60 an hour. Since an authority delegated to me by the owner/operator who holds at least a that exceed those for which the airplane is Administrator, the Federal Aviation certificated shall be determined by the private pilot’s certificate as authorized Administration proposes to amend part by §§ 43.7 and 43.11 of the Federal following visual cues. If one or more of these 39 of the Federal Aviation Regulations visual cues exists, immediately request Aviation Regulations (14 CFR 47.7 and (14 CFR part 39) as follows: priority handling from Air Traffic Control to 43.11) can accomplish the proposed facilitate a route or an altitude change to exit action, the only cost impact upon the PART 39ÐAIRWORTHINESS the icing conditions. public is the time it would take the DIRECTIVES —Unusually extensive ice accumulation on affected airplane owners/operators to the airframe and windshield in areas not incorporate the proposed AFM 1. The authority citation for part 39 normally observed to collect ice. revisions. continues to read as follows: —Accumulation of ice on the upper surface The cost impact figure discussed Authority: 49 USC 106(g), 40113, 44701. of the wing, aft of the protected area. above is based on assumptions that no —Accumulation of ice on the engine nacelles operator has yet accomplished any of §39.13 [Amended] and propeller spinners farther aft than normally observed. the proposed requirements of this AD 2. Section 39.13 is amended by • adding a new airworthiness directive Since the autopilot, when installed and action, and that no operator would operating, may mask tactile cues that indicate accomplish those actions in the future if (AD) to read as follows: adverse changes in handling characteristics, this AD were not adopted. Industrie Aeronautiche e Meccaniche use of the autopilot is prohibited when any In addition, the FAA recognizes that Rinaldo Piaggio S.p.A. of the visual cues specified above exist, or the proposed action may impose (Piaggio): Docket No. 97–CE–52–AD. when unusual lateral trim requirements or 48506 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules autopilot trim warnings are encountered a location where the requirements of this AD proposed AD are intended to minimize while the airplane is in icing conditions. can be accomplished. the potential hazards associated with • All wing icing inspection lights must be (d) An alternative method of compliance or operating these airplanes in severe icing operative prior to flight into known and adjustment of the compliance time that conditions by providing more clearly forecast icing conditions at night. [NOTE: provides an acceptable level of safety may be This supersedes any relief provided by the used if approved by the Manager, Small defined procedures and limitations Master Minimum Equipment List (MMEL).]’’ Airplane Directorate, FAA, 1201 Walnut, associated with such conditions. • (2) Revise the FAA-approved AFM by suite 900, Kansas City, Missouri 64106. The DATES: Comments must be received on incorporating the following into the Normal request shall be forwarded through an or before October 14, 1997. Procedures Section of the AFM. This may be appropriate FAA Maintenance Inspector, ADDRESSES: accomplished by inserting a copy of this AD who may add comments and then send it to Submit comments in in the AFM. the Manager, Small Airplane Directorate. triplicate to the Federal Aviation Administration (FAA), Central Region, ‘‘THE FOLLOWING WEATHER NOTE 3: Information concerning the existence of approved alternative methods of Office of the Assistant Chief Counsel, CONDITIONS MAY BE CONDUCIVE TO Attention: Rules Docket No. 97–CE–55– SEVERE IN-FLIGHT ICING compliance with this AD, if any, may be AD, Room 1558, 601 E. 12th Street, • obtained from the Small Airplane Visible rain at temperatures below 0 Directorate. Kansas City, Missouri 64106. Comments degrees Celsius ambient air temperature. may be inspected at this location • Droplets that splash or splatter on impact (e) All persons affected by this directive at temperatures below 0 degrees Celsius may examine information related to this AD between 8 a.m. and 4 p.m., Monday ambient air temperature. at the FAA, Central Region, Office of the through Friday, holidays excepted. Assistant Chief Counsel, Room 1558, 601 E. This information also may be PROCEDURES FOR EXITING THE SEVERE 12th Street, Kansas City, Missouri 64106. examined at the Rules Docket at the ICING ENVIRONMENT Issued in Kansas City, Missouri, on address above. These procedures are applicable to all September 9, 1997. FOR FURTHER INFORMATION CONTACT: Mr. flight phases from takeoff to landing. Monitor James E. Jackson, the ambient air temperature. While severe John P. Dow, Sr., Aerospace Engineer, Acting Manager, Small Airplane Directorate, Small Airplane Directorate, Aircraft icing may form at temperatures as cold as— Aircraft Certification Service. 18 degrees Celsius, increased vigilance is Certification Service, 1201 Walnut, suite warranted at temperatures around freezing [FR Doc. 97–24480 Filed 9–15–97; 8:45 am] 900, Kansas City, Missouri 64106, with visible moisture present. If the visual BILLING CODE 4910±13±U telephone (816) 425–6932, facsimile cues specified in the Limitations Section of (816) 426–2169. the AFM for identifying severe icing conditions are observed, accomplish the DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: following: Comments Invited • Immediately request priority handling Federal Aviation Administration from Air Traffic Control to facilitate a route Interested persons are invited to or an altitude change to exit the severe icing 14 CFR Part 39 participate in the making of the conditions in order to avoid extended [Docket No. 97±CE±55±AD] proposed rule by submitting such exposure to flight conditions more severe written data, views, or arguments as than those for which the airplane has been RIN 2120±AA64 they may desire. Communications certificated. should identify the Rules Docket • Avoid abrupt and excessive Airworthiness Directives; SOCATAÐ number and be submitted in triplicate to maneuvering that may exacerbate control Groupe AEROSPATIALE, Model TBM the address specified above. All difficulties. 700 Airplanes • Do not engage the autopilot. communications received on or before • If the autopilot is engaged, hold the AGENCY: Federal Aviation the closing date for comments, specified control wheel firmly and disengage the Administration, DOT. above, will be considered before taking autopilot. action on the proposed rule. The • If an unusual roll response or ACTION: Notice of proposed rulemaking (NPRM). proposals contained in this notice may uncommanded roll control movement is be changed in light of the comments observed, reduce the angle-of-attack. • Do not extend flaps when holding in SUMMARY: This document proposes to received. icing conditions. Operation with flaps adopt a new airworthiness directive Comments are specifically invited on extended can result in a reduced wing angle- (AD) that would apply to certain the overall regulatory, economic, of-attack, with the possibility of ice forming SOCATA—Groupe AEROSPATIALE environmental, and energy aspects of on the upper surface further aft on the wing (SOCATA) Model TBM 700 airplanes. the proposed rule. All comments than normal, possibly aft of the protected This proposal would require revising submitted will be available, both before area. and after the closing date for comments, • the FAA-approved Airplane Flight If the flaps are extended, do not retract Manual (AFM) to specify procedures in the Rules Docket for examination by them until the airframe is clear of ice. interested persons. A report that • Report these weather conditions to Air that would prohibit flight in severe icing Traffic Control.’’ conditions (as determined by certain summarizes each FAA-public contact (b) Incorporating the AFM revisions, as visual cues), limit or prohibit the use of concerned with the substance of this required by this AD, may be performed by various flight control devices while in proposal will be filed in the Rules the owner/operator holding at least a private severe icing conditions, and provide the Docket. pilot certificate as authorized by section 43.7 flight crew with recognition cues for, Commenters wishing the FAA to of the Federal Aviation Regulations (14 CFR and procedures for exiting from, severe acknowledge receipt of their comments 43.7), and must be entered into the aircraft icing conditions. The proposed AD is submitted in response to this notice records showing compliance with this AD in prompted by the results of a review of must submit a self-addressed, stamped accordance with section 43.11 of the Federal Aviation Regulations (14 CFR 43.11). the requirements for certification of postcard on which the following (c) Special flight permits may be issued in these airplanes in icing conditions, new statement is made: ‘‘Comments to accordance with sections 21.197 and 21.199 information on the icing environment, Docket No. 97–CE–55–AD.’’ The of the Federal Aviation Regulations (14 CFR and icing data provided currently to the postcard will be date stamped and 21.197 and 21.199) to operate the airplane to flight crew. The actions specified by the returned to the commenter. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48507

Availability of NPRMs Appendix C of part 25 of the Federal type design as that of the accident Any person may obtain a copy of this Aviation Regulations (14 CFR part 25) airplane. NPRM by submitting a request to the for certification of the airplane. Such The FAA recognizes that the flight FAA, Central Region, Office of the icing conditions are not defined in crew of any airplane that is certificated Assistant Chief Counsel, Attention: Appendix C, and the FAA has not for flight in icing conditions may not Rules Docket No. 97–CE–55–AD, Room required that airplanes be shown to be have adequate information concerning 1558, 601 E. 12th Street, Kansas City, capable of operating safely in those icing conditions outside the icing Missouri 64106. icing conditions. envelope. However, in 1996, the FAA found that the specified unsafe Discussion The FAA finds that flight crews are not currently provided with adequate condition must be addressed as a higher In October 1994, a transport category information necessary to determine priority on airplanes equipped with airplane was involved in an accident in when the airplane is operating in icing unpowered roll control systems and which severe icing conditions (believed conditions for which the airplane is not pneumatic de-icing boots. These airplanes were addressed first because to be composed of freezing drizzle or certificated or what action to take when the flight crew of an airplane having an supercooled large droplets (SLD)) were such conditions are encountered. unpowered roll control system must reported in the area. Loss of control of Therefore, the FAA has determined that the airplane may have occurred because rely solely on physical strength to flight crews must be provided with such ice accretion on the upper surface of the counteract roll control anomalies, information and must be made aware of wing aft of the area protected by the ice whereas a roll control anomaly that certain visual cues that may indicate the protection system caused airflow occurs on an airplane having a powered airplane is operating in atmospheric separation, which resulted in the roll control system need not be offset conditions that are outside the icing ailerons being forced to a right-wing- directly by the flight crew. The FAA envelope. down control position. There also is also placed a priority on airplanes that concern that the autopilot, which was Since such information is not are used in regularly scheduled engaged, may have masked the unusual available to flight crews, and no passenger service. The FAA issued the control forces generated by the ice airplane is certificated for operation in following airworthiness directives accumulation. These conditions, if not severe icing conditions, such as freezing (AD’s) that addressed airplanes that met corrected, could result in a roll upset drizzle or SLD conditions, the FAA these criteria. These AD’s identified from which the flight crew may be finds that the potentially unsafe visual cues for recognizing severe icing unable to recover. condition (described previously as conditions, procedures for exiting these The atmospheric conditions (freezing control difficulties following operation conditions, and prohibitions on the use drizzle or SLD conditions) that may of the airplane in icing conditions of various flight control devices. These have contributed to the accident are outside the icing envelope) is not AD’s consisted of the following airplane outside the icing envelope specified in limited to airplanes having the same models.

Federal Register Docket No. Manufacturer airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151. 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD. Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD. Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD. 48508 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Airplane models Docket No.

Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD. Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD. Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD. SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD. Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD. Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560-A, ±560±E, ±560± 97±CE±57±AD. F, ±680, ±680-E, ±680FL(P) ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD. 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD. The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD. The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, 97±CE±61±AD. PA±31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD. Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD. 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD. Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170± AD. Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171± AD. Gulfstream Aerospace, Model G±159 series ...... 97±NM±172± AD. McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173± AD. Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174± AD. Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175± AD. Fairchild, Models F27 and FH227 series ...... 97±NM±176± AD. Lockheed Models ...... 97±NM±177± AD.

The FAA’s Determination Explanation of the Provisions of the protected surfaces of the wing, or if Proposed AD unusual lateral trim requirements or Following examination of all relevant autopilot trim warnings are information, the FAA has determined Since an unsafe condition has been identified which an unrecoverable roll encountered; and that certain limitations and procedures • upset may occur, as a result of exposure Provide the flight crew with should be included in the FAA- to severe icing conditions that are recognition cues for, and procedures for approved Airplane Flight Manual outside the icing limits for which the exiting from, severe icing conditions. (AFM) for the affected airplanes as airplanes were certificated, the Cost Impact follows: proposed AD would require revising the • All SOCATA Model TBM 700 Limitations Section of the FAA- The FAA estimates that 47 airplanes airplanes must be prohibited from flight approved AFM to specify procedures in the U.S. registry would be affected by in severe icing conditions (as that would: the proposed AD, that it would take determined by certain visual cues), and • Require flight crews to immediately approximately 1 workhour per airplane to accomplish the proposed action, and • Flight crews must be provided with request priority handling from Air Traffic Control to exit severe icing that the average labor rate is information that would minimize the approximately $60 an hour. Since an potential hazards associated with conditions (as determined by certain visual cues); owner/operator who holds at least a operating the airplane in severe icing • Prohibit use of the autopilot when private pilot’s certificate as authorized conditions. ice is formed aft of the protected by §§ 43.7 and 43.11 of the Federal The FAA has determined that such surfaces of the wing, or when an Aviation Regulations (14 CFR 47.7 and limitations and procedures currently are unusual lateral trim condition exists; 43.11) can accomplish the proposed not defined adequately in the AFM for and action, the only cost impact upon the these airplanes. • Require that all icing wing public is the time it would take the affected airplane owners/operators to These airplane models are inspection lights be operative prior to incorporate the proposed AFM manufactured in France and are type flight into known or forecast icing revisions. certificated for operations in the United conditions at night. This proposed AD would also require The cost impact figure discussed States under the provisions of Section revising the Normal Procedures Section above is based on assumptions that no 21.29 of the Federal Aviation of the FAA-approved AFM to specify operator has yet accomplished any of Regulations (14 CFR 21.29) and the procedures that would: the proposed requirements of this AD applicable bilateral airworthiness • Limit the use of the flaps and action, and that no operator would agreement. prohibit the use of the autopilot when accomplish those actions in the future if ice is observed forming aft of the this AD were not adopted. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48509

In addition, the FAA recognizes that §39.13 [Amended] • Since the autopilot, when installed and operating, may mask tactile cues that indicate the proposed action may impose 2. Section 39.13 is amended by operational costs. However, these costs adverse changes in handling characteristics, adding a new airworthiness directive use of the autopilot is prohibited when any are incalculable because the frequency (AD) to read as follows: of the visual cues specified above exist, or of occurrence of the specified when unusual lateral trim requirements or conditions and the associated additional Socata—Groupe Aerospatiale.: Docket No. 97–CE–55–AD. autopilot trim warnings are encountered flight time cannot be determined. while the airplane is in icing conditions. Applicability: Model TBM 700 airplanes Nevertheless, because of the severity of • All wing icing inspection lights must be (all serial numbers), certificated in any operative prior to flight into icing conditions the unsafe condition, the FAA has category. determined that continued operational at night. [NOTE: This supersedes any relief Note 1: This AD applies to each airplane provided by the Master Minimum Equipment safety necessitates the imposition of the identified in the preceding applicability List (MMEL).]’’ costs. provision, regardless of whether it has been (2) Revise the FAA-approved AFM by modified, altered, or repaired in the area incorporating the following into the Normal Regulatory Impact subject to the requirements of this AD. For Procedures Section of the AFM. This may be airplanes that have been modified, altered, or The regulations proposed herein accomplished by inserting a copy of this AD repaired so that the performance of the in the AFM. would not have substantial direct effects requirements of this AD is affected, the on the States, on the relationship owner/operator must request approval for an ‘‘THE FOLLOWING WEATHER between the national government and alternative method of compliance in CONDITIONS MAY BE CONDUCIVE TO SEVERE IN-FLIGHT ICING the States, or on the distribution of accordance with paragraph (d) of this AD. • power and responsibilities among the The request should include an assessment of Visible rain at temperatures below 0 degrees Celsius ambient air temperature. various levels of government. Therefore, the effect of the modification, alteration, or repair on the unsafe condition addressed by • Droplets that splash or splatter on impact in accordance with Executive Order this AD; and, if the unsafe condition has not at temperatures below 0 degrees Celsius 12612, it is determined that this been eliminated, the request should include ambient air temperature. proposal would not have sufficient specific proposed actions to address it. PROCEDURES FOR EXITING THE SEVERE federalism implications to warrant the Compliance: Required as indicated, unless ICING ENVIRONMENT preparation of a Federalism Assessment. already accomplished. These procedures are applicable to all For the reasons discussed above, I To minimize the potential hazards associated with operating the airplane in flight phases from takeoff to landing. Monitor certify that this action (1) Is not a severe icing conditions by providing more the ambient air temperature. While severe ‘‘significant regulatory action’’ under clearly defined procedures and limitations icing may form at temperatures as cold as ¥ Executive Order 12866; (2) is not a associated with such conditions, accomplish 18 degrees Celsius, increased vigilance is ‘‘significant rule’’ under DOT the following: warranted at temperatures around freezing (a) Within 30 days after the effective date with visible moisture present. If the visual Regulatory Policies and Procedures (44 cues specified in the Limitations Section of FR 11034, February 26, 1979); and (3) if of this AD, accomplish the requirements of paragraphs (a)(1) and (a)(2) of this AD. the AFM for identifying severe icing promulgated, will not have a significant conditions are observed, accomplish the economic impact, positive or negative, Note 2: Operators should initiate action to following: notify and ensure that flight crewmembers • Immediately request priority handling on a substantial number of small entities are apprised of this change. under the criteria of the Regulatory from Air Traffic Control to facilitate a route (1) Revise the FAA-approved Airplane or an altitude change to exit the severe icing Flexibility Act. A copy of the draft Flight Manual (AFM) by incorporating the conditions in order to avoid extended regulatory evaluation prepared for this following into the Limitations Section of the exposure to flight conditions more severe action has been placed in the Rules AFM. This may be accomplished by inserting than those for which the airplane has been Docket. A copy of it may be obtained by a copy of this AD in the AFM. certificated. • contacting the Rules Docket at the ‘‘WARNING Avoid abrupt and excessive location provided under the caption maneuvering that may exacerbate control Severe icing may result from difficulties. ADDRESSES . environmental conditions outside of those for • Do not engage the autopilot. List of Subjects in 14 CFR Part 39 which the airplane is certificated. Flight in • If the autopilot is engaged, hold the freezing rain, freezing drizzle, or mixed icing control wheel firmly and disengage the Air transportation, Aircraft, Aviation conditions (supercooled liquid water and ice autopilot. crystals) may result in ice build-up on • safety, Safety. If an unusual roll response or protected surfaces exceeding the capability of uncommanded roll control movement is The Proposed Amendment the ice protection system, or may result in ice observed, reduce the angle-of-attack. forming aft of the protected surfaces. This ice • Do not extend flaps when holding in Accordingly, pursuant to the may not be shed using the ice protection icing conditions. Operation with flaps authority delegated to me by the systems, and may seriously degrade the extended can result in a reduced wing angle- performance and controllability of the Administrator, the Federal Aviation of-attack, with the possibility of ice forming airplane. on the upper surface further aft on the wing Administration proposes to amend part • During flight, severe icing conditions than normal, possibly aft of the protected 39 of the Federal Aviation Regulations that exceed those for which the airplane is area. (14 CFR part 39) as follows: certificated shall be determined by the • If the flaps are extended, do not retract following visual cues. If one or more of these them until the airframe is clear of ice. PART 39ÐAIRWORTHINESS visual cues exists, immediately request • Report these weather conditions to Air DIRECTIVES priority handling from Air Traffic Control to Traffic Control.’’ facilitate a route or an altitude change to exit (b) Incorporating the AFM revisions, as 1. The authority citation for part 39 the icing conditions. required by this AD, may be performed by continues to read as follows: —Unusually extensive ice accumulation on the owner/operator holding at least a private the airframe and windshield in areas not pilot certificate as authorized by § 43.7 of the Authority: 49 USC 106(g), 40113, 44701. normally observed to collect ice. Federal Aviation Regulations (14 CFR 43.7), —Accumulation of ice on the upper surface and must be entered into the aircraft records of the wing aft of the protected area. showing compliance with this AD in 48510 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules accordance with § 43.11 of the Federal the requirements for certification of statement is made: ‘‘Comments to Aviation Regulations (14 CFR 43.11). these airplanes in icing conditions, new Docket No. 97–CE–64–AD.’’ The (c) Special flight permits may be issued in information on the icing environment, postcard will be date stamped and accordance with §§ 21.197 and 21.199 of the and icing data provided currently to the returned to the commenter. Federal Aviation Regulations (14 CFR 21.197 flight crew. The actions specified by the and 21.199) to operate the airplane to a Availability of NPRMs location where the requirements of this AD proposed AD are intended to minimize can be accomplished. the potential hazards associated with Any person may obtain a copy of this (d) An alternative method of compliance or operating these airplanes in severe icing NPRM by submitting a request to the adjustment of the compliance time that conditions by providing more clearly FAA, Central Region, Office of the provides an acceptable level of safety may be defined procedures and limitations Assistant Chief Counsel, Attention: used if approved by the Manager, Small associated with such conditions. Rules Docket No. 97–CE–64–AD, Room Airplane Directorate, FAA, 1201 Walnut, DATES: Comments must be received on 1558, 601 E. 12th Street, Kansas City, suite 900, Kansas City, Missouri 64106. The Missouri 64106. request shall be forwarded through an or before October 14, 1997. appropriate FAA Maintenance Inspector, ADDRESSES: Submit comments in Discussion who may add comments and then send it to triplicate to the Federal Aviation In October 1994, a transport category the Manager, Small Airplane Directorate. Administration (FAA), Central Region, airplane was involved in an accident in Note 3: Information concerning the Office of the Assistant Chief Counsel, which severe icing conditions (believed existence of approved alternative methods of Attention: Rules Docket No. 97–CE–64– to be composed of freezing drizzle or compliance with this AD, if any, may be AD, Room 1558, 601 E. 12th Street, supercooled large droplets (SLD)) were obtained from the Small Airplane Kansas City, Missouri 64106. Comments Directorate. reported in the area. Loss of control of may be inspected at this location the airplane may have occurred because (e) All persons affected by this directive between 8 a.m. and 4 p.m., Monday ice accretion on the upper surface of the may examine information related to this AD through Friday, holidays excepted. at the FAA, Central Region, Office of the wing aft of the area protected by the ice This information also may be protection system caused airflow Assistant Chief Counsel, Room 1558, 601 E. examined at the Rules Docket at the 12th Street, Kansas City, Missouri 64106. separation, which resulted in the address above. Issued in Kansas City, Missouri, on ailerons being forced to a right-wing- September 9, 1997. FOR FURTHER INFORMATION CONTACT: Mr. down control position. There also is James E. Jackson, John P. Dow, Sr., Aerospace Engineer, concern that the autopilot, which was Small Airplane Directorate, Aircraft Acting Manager, Small Airplane Directorate, engaged, may have masked the unusual Aircraft Certification Service. Certification Service, 1201 Walnut, suite control forces generated by the ice 900, Kansas City, Missouri 64106, [FR Doc. 97–24479 Filed 9–15–97; 8:45 am] accumulation. These conditions, if not telephone (816) 426–6932; facsimile BILLING CODE 4910±13±U corrected, could result in a roll upset (816) 426–2169. from which the flight crew may be SUPPLEMENTARY INFORMATION: unable to recover. DEPARTMENT OF TRANSPORTATION The atmospheric conditions (freezing Comments Invited drizzle or SLD conditions) that may Federal Aviation Administration Interested persons are invited to have contributed to the accident are participate in the making of the outside the icing envelope specified in 14 CFR Part 39 proposed rule by submitting such Appendix C of part 25 of the Federal [Docket No. 97±CE±64±AD] written data, views, or arguments as Aviation Regulations (14 CFR part 25) they may desire. Communications for certification of the airplane. Such RIN 2120±AA64 should identify the rules docket number icing conditions are not defined in and be submitted in triplicate to the Appendix C, and the FAA has not Airworthiness Directives; SIAI address specified above. All required that airplanes be shown to be Marchetti, S.r.1 Models SF600 and communications received on or before capable of operating safely in those SF600A Airplanes the closing date for comments, specified icing conditions. AGENCY: Federal Aviation above, will be considered before taking The FAA finds that flight crews are Administration, DOT. action on the proposed rule. The not currently provided with adequate ACTION: Notice of proposed rulemaking proposals contained in this notice may information necessary to determine (NPRM). be changed in light of the comments when the airplane is operating in icing received. conditions for which the airplane is not SUMMARY: This document proposes to Comments are specifically invited on certificated or what action to take when adopt a new airworthiness directive the overall regulatory, economic, such conditions are encountered. (AD) that would apply to certain SIAI environmental, and energy aspects of Therefore, the FAA has determined that Marchetti, S.r.1 (Marchetti) Models the proposed rule. All comments flight crews must be provided with such SF600 and SF600A airplanes. This submitted will be available, both before information and must be made aware of proposal would require revising the and after the closing date for comments, certain visual cues that may indicate the FAA-approved Airplane Flight Manual in the rules docket for examination by airplane is operating in atmospheric (AFM) to specify procedures that would interested persons. A report that conditions that are outside the icing prohibit flight in severe icing conditions summarizes each FAA-public contact envelope. (as determined by certain visual cues), concerned with the substance of this Since such information is not limit or prohibit the use of various flight proposal will be filed in the rules available to flight crews, and no control devices while in severe icing docket. airplane is certificated for operation in conditions, and provide the flight crew Commenters wishing the FAA to severe icing conditions, such as freezing with recognition cues for, and acknowledge receipt of their comments drizzle or SLD conditions, the FAA procedures for exiting from, severe icing submitted in response to this notice finds that the potentially unsafe conditions. The proposed AD is must submit a self-addressed, stamped condition (described previously as prompted by the results of a review of postcard on which the following control difficulties following operation Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48511 of the airplane in icing conditions priority on airplanes equipped with are used in regularly scheduled outside the icing envelope) is not unpowered roll control systems and passenger service. The FAA issued the limited to airplanes having the same pneumatic de-icing boots. These following airworthiness directives type design as that of the accident airplanes were addressed first because (AD’s) that addressed airplanes that met airplane. the flight crew of an airplane having an these criteria. These AD’s identified The FAA recognizes that the flight unpowered roll control system must visual cues for recognizing severe icing crew of any airplane that is certificated rely solely on physical strength to conditions, procedures for exiting these for flight in icing conditions may not counteract roll control anomalies, conditions, and prohibitions on the use have adequate information concerning whereas a roll control anomaly that of various flight control devices. These icing conditions outside the icing occurs on an airplane having a powered AD’s consisted of the following airplane envelope. However, in 1996, the FAA roll control system need not be offset models. found that the specified unsafe directly by the flight crew. The FAA condition must be addressed as a higher also placed a priority on airplanes that

Docket No. Manufacturer/airplane model FEDERAL REG- ISTER citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151. 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (fomerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, A±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD 48512 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Airplane models Docket No.

Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination ice is observed forming aft of the For the reasons discussed above, I Following examination of all relevant protected surfaces of the wing, or if certify that this action (1) is not a information, the FAA has determined unusual lateral trim requirements or ‘‘significant regulatory action’’ under that certain limitations and procedures autopilot trim warnings are Executive Order 12866; (2) is not a should be included in the FAA- encountered; and ‘‘significant rule’’ under DOT • Provide the flight crew with approved Airplane Flight Manual Regulatory Policies and Procedures (44 recognition cues for, and procedures for (AFM) for the affected airplanes as FR 11034, February 26, 1979); and (3) if exiting from, severe icing conditions. follows: promulgated, will not have a significant • All Marchetti Models SF600 and Cost Impact economic impact, positive or negative, on a substantial number of small entities SF600A airplanes must be prohibited The FAA has determined that there from flight in severe icing conditions (as under the criteria of the Regulatory are no Marchetti Models SF600 and Flexibility Act. A copy of the draft determined by certain visual cues), and SF600A airplanes currently in the U.S. • regulatory evaluation prepared for this Flight crews must be provided with registry would be affected by the information that would minimize the action has been placed in the rules proposed AD. If any of these airplanes docket. A copy of it may be obtained by potential hazards associated with were registered in the U.S., it would operating the airplane in severe icing contacting the rules docket at the take approximately 1 workhour per location provided under the caption conditions. airplane to accomplish the proposed ADDRESSES. The FAA has determined that such action, and that the average labor rate is limitations and procedures currently are approximately $60 an hour. Since an List of Subjects in 14 CFR Part 39 not defined adequately in the AFM for owner/operator who holds at least a these airplanes. Air transportation, Aircraft, Aviation private pilot’s certificate as authorized safety, Safety. These airplane models are by sections 43.7 and 43.11 of the manufactured in Italy and are type Federal Aviation Regulations (14 CFR The Proposed Amendment certificated for operations in the United 47.7 and 43.11) can accomplish the Accordingly, pursuant to the States under the provisions of Section proposed action, the only cost impact authority delegated to me by the 21.29 of the Federal Aviation upon the public is the time it would Administrator, the Federal Aviation Regulations (14 CFR 21.29) and the take the affected airplane owners/ Administration proposes to amend part applicable bilateral airworthiness operators to incorporate the proposed 39 of the Federal Aviation Regulations agreement. AFM revisions. (14 CFR part 39) as follows: Explanation of the Provisions of the The cost impact figure discussed Proposed AD above is based on assumptions that no PART 39ÐAIRWORTHINESS operator has yet accomplished any of DIRECTIVES Since an unsafe condition has been the proposed requirements of this AD identified in which an unrecoverable action, and that no operator would 1. The authority citation for part 39 roll upset may occur, as a result of accomplish those actions in the future if continues to read as follows: exposure to severe icing conditions that this AD were not adopted. Authority: 49 USC 106(g), 40113, 44701. are outside the icing limits for which In addition, the FAA recognizes that the airplanes were certificated, the the proposed action may impose § 39.13 [Amended] proposed AD would require revising the operational costs. However, these costs 2. Section 39.13 is amended by Limitations Section of the FAA- are incalculable because the frequency adding a new airworthiness directive approved AFM to specify procedures of occurrence of the specified (AD) to read as follows: that would: conditions and the associated additional • Siai Marchetti, S.r.1: Docket No. 97–CE–64– Require flight crews to immediately flight time cannot be determined. AD. request priority handling from Air Nevertheless, because of the severity of Traffic Control to exit severe icing Applicability: Models SF600 and SF600A the unsafe condition, the FAA has airplanes (all serial numbers), certificated in conditions (as determined by certain determined that continued operational any category. visual cues); safety necessitates the imposition of the • Prohibit use of the autopilot when Note 1: This AD applies to each airplane costs. identified in the preceding applicability ice is formed aft of the protected Regulatory Impact provision, regardless of whether it has been surfaces of the wing, or when an modified, altered, or repaired in the area unusual lateral trim condition exists; The regulations proposed herein subject to the requirements of this AD. For and would not have substantial direct effects airplanes that have been modified, altered, or • Require that all icing wing on the States, on the relationship repaired so that the performance of the inspection lights be operative prior to between the national government and requirements of this AD is affected, the flight into known or forecast icing the States, or on the distribution of owner/operator must request approval for an conditions at night. power and responsibilities among the alternative method of compliance in This proposed AD would also require various levels of government. Therefore, accordance with paragraph (d) of this AD. The request should include an assessment of revising the Normal Procedures Section in accordance with Executive Order the effect of the modification, alteration, or of the FAA-approved AFM to specify 12612, it is determined that this repair on the unsafe condition addressed by procedures that would: proposal would not have sufficient this AD; and, if the unsafe condition has not • Limit the use of the flaps and federalism implications to warrant the been eliminated, the request should include prohibit the use of the autopilot when preparation of a Federalism Assessment. specific proposed actions to address it. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48513

Compliance: Required as indicated, unless • Droplets that splash or splatter on impact at the FAA, Central Region, Office of the already accomplished. at temperatures below 0 degrees Celsius Assistant Chief Counsel, Room 1558, 601 E. To minimize the potential hazards ambient air temperature. 12th Street, Kansas City, Missouri 64106. associated with operating the airplane in PROCEDURES FOR EXITING THE SEVERE Issued in Kansas City, Missouri, on severe icing conditions by providing more ICING ENVIRONMENT September 9, 1997. clearly defined procedures and limitations James E. Jackson, associated with such conditions, accomplish These procedures are applicable to all flight phases from takeoff to landing. Monitor Acting Manager, Small Airplane Directorate, the following: Aircraft Certification Service. (a) Within 30 days after the effective date the ambient air temperature. While severe icing may form at temperatures as cold as -18 [FR Doc. 97–24478 Filed 9–15–97; 8:45 am] of this AD, accomplish the requirements of degrees Celsius, increased vigilance is paragraphs (a)(1) and (a)(2) of this AD. BILLING CODE 4910±13±U warranted at temperatures around freezing Note 2: Operators should initiate action to with visible moisture present. If the visual notify and ensure that flight crewmembers cues specified in the Limitations Section of DEPARTMENT OF TRANSPORTATION are apprised of this change. the AFM for identifying severe icing (1) Revise the FAA-approved Airplane conditions are observed, accomplish the Federal Aviation Administration Flight Manual (AFM) by incorporating the following: • following into the Limitations Section of the Immediately request priority handling 14 CFR Part 39 AFM. This may be accomplished by inserting from Air Traffic Control to facilitate a route a copy of this AD in the AFM. or an altitude change to exit the severe icing [Docket No. 97±CE±50±AD] conditions in order to avoid extended ‘‘WARNING exposure to flight conditions more severe RIN 2120±AA64 Severe icing may result from than those for which the airplane has been certificated. Airworthiness Directives; Harbin environmental conditions outside of those for • Aircraft Manufacturing Corporation which the airplane is certificated. Flight in Avoid abrupt and excessive maneuvering that may exacerbate control Model Y12 IV Airplanes freezing rain, freezing drizzle, or mixed icing difficulties. conditions (supercooled liquid water and ice • Do not engage the autopilot. AGENCY: Federal Aviation crystals) may result in ice build-up on • If the autopilot is engaged, hold the Administration, DOT. protected surfaces exceeding the capability of control wheel firmly and disengage the ACTION: Notice of proposed rulemaking the ice protection system, or may result in ice autopilot. (NPRM). forming aft of the protected surfaces. This ice • If an unusual roll response or may not be shed using the ice protection uncommanded roll control movement is SUMMARY: This document proposes to systems, and may seriously degrade the observed, reduce the angle-of-attack. adopt a new airworthiness directive • performance and controllability of the Do not extend flaps when holding in (AD) that would apply to certain Harbin airplane. icing conditions. Operation with flaps Aircraft Manufacturing Corporation • During flight, severe icing conditions extended can result in a reduced wing angle- that exceed those for which the airplane is of-attack, with the possibility of ice forming (HMAC) Model Y12 IV airplanes. This certificated shall be determined by the on the lower surface further aft on the wing proposal would require revising the following visual cues. If one or more of these than normal, possibly aft of the protected FAA-approved Airplane Flight Manual visual cues exists, immediately request area. (AFM) to specify procedures that would priority handling from Air Traffic Control to • If the flaps are extended, do not retract prohibit flight in severe icing conditions facilitate a route or an altitude change to exit them until the airframe is clear of ice. (as determined by certain visual cues), • the icing conditions. Report these weather conditions to Air limit or prohibit the use of various flight —Unusually extensive ice accumulation on Traffic Control.’’ control devices while in severe icing the airframe and windshield in areas not (b) Incorporating the AFM revisions, as required by this AD, may be performed by conditions, and provide the flight crew normally observed to collect ice. the owner/operator holding at least a private with recognition cues for, and —Accumulation of ice on the lower surface pilot certificate as authorized by section 43.7 procedures for exiting from, severe icing of the wing aft of the protected area. of the Federal Aviation Regulations (14 CFR conditions. The proposed AD is —Accumulation of ice on the engine nacelles 43.7), and must be entered into the aircraft prompted by the results of a review of and propeller spinners farther aft than records showing compliance with this AD in normally observed. the requirements for certification of accordance with section 43.11 of the Federal these airplanes in icing conditions, new • Since the autopilot, when installed and Aviation Regulations (14 CFR 43.11). operating, may mask tactile cues that indicate (c) Special flight permits may be issued in information on the icing environment, adverse changes in handling characteristics, accordance with sections 21.197 and 21.199 and icing data provided currently to the use of the autopilot is prohibited when any of the Federal Aviation Regulations (14 CFR flight crew. The actions specified by the of the visual cues specified above exist, or 21.197 and 21.199) to operate the airplane to proposed AD are intended to minimize when unusual lateral trim requirements or a location where the requirements of this AD the potential hazards associated with autopilot trim warnings are encountered can be accomplished. operating these airplanes in severe icing while the airplane is in icing conditions. (d) An alternative method of compliance or conditions by providing more clearly • All icing wing inspection lights must be adjustment of the compliance time that defined procedures and limitations provides an acceptable level of safety may be operative prior to flight into known or associated with such conditions. forecast icing conditions at night. [NOTE: used if approved by the Manager, Small This supersedes any relief provided by the Airplane Directorate, FAA, 1201 Walnut, DATES: Comments must be received on Master Minimum Equipment List (MMEL).]’’ suite 900, Kansas City, Missouri 64106. The or before October 14, 1997. (2) Revise the FAA-approved AFM by request shall be forwarded through an ADDRESSES: Submit comments in incorporating the following into the Normal appropriate FAA Maintenance Inspector, triplicate to the Federal Aviation Procedures Section of the AFM. This may be who may add comments and then send it to the Manager, Small Airplane Directorate. Administration (FAA), Central Region, accomplished by inserting a copy of this AD Office of the Assistant Chief Counsel, in the AFM. Note 3: Information concerning the existence of approved alternative methods of Attention: Rules Docket No. 97–CE–50– ‘‘THE FOLLOWING WEATHER compliance with this AD, if any, may be AD, Room 1558, 601 E. 12th Street, CONDITIONS MAY BE CONDUCIVE TO obtained from the Small Airplane Kansas City, Missouri 64106. Comments SEVERE IN-FLIGHT ICING Directorate. may be inspected at this location • Visible rain at temperatures below 0 (e) All persons affected by this directive between 8 a.m. and 4 p.m., Monday degrees Celsius ambient air temperature. may examine information related to this AD through Friday, holidays excepted. 48514 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

This information also may be Availability of NPRMs information and must be made aware of examined at the Rules Docket at the Any person may obtain a copy of this certain visual cues that may indicate the address above. NPRM by submitting a request to the airplane is operating in atmospheric conditions that are outside the icing FOR FURTHER INFORMATION CONTACT: Mr. FAA, Central Region, Office of the envelope. John P. Dow, Sr., Aerospace Engineer, Assistant Chief Counsel, Attention: Small Airplane Directorate, Aircraft Rules Docket No. 97–CE–50–AD, Room Since such information is not Certification Service, 1201 Walnut, suite 1558, 601 E. 12th Street, Kansas available to flight crews, and no 900, Kansas City, Missouri 64106, City,Missouri 64106. airplane is certificated for operation in severe icing conditions, such as freezing telephone (816) 426–6932, facsimile Discussion (816) 426–2169. drizzle or SLD conditions, the FAA In October 1994, a transport category finds that the potentially unsafe SUPPLEMENTARY INFORMATION: airplane was involved in an accident in condition (described previously as Comments Invited which severe icing conditions (believed control difficulties following operation to be composed of freezing drizzle or of the airplane in icing conditions Interested persons are invited to supercooled large droplets (SLD)) were outside the icing envelope) is not participate in the making of the reported in the area. Loss of control of limited to airplanes having the same proposed rule by submitting such the airplane may have occurred because type design as that of the accident written data, views, or arguments as ice accretion on the upper surface of the airplane. they may desire. Communications wing aft of the area protected by the ice The FAA recognizes that the flight should identify the Rules Docket protection system caused airflow crew of any airplane that is certificated number and be submitted in triplicate to separation, which resulted in the for flight in icing conditions may not the address specified above. All ailerons being forced to a right-wing- have adequate information concerning communications received on or before down control position. There also is icing conditions outside the icing the closing date for comments, specified concern that the autopilot, which was envelope. However, in 1996, the FAA above, will be considered before taking engaged, may have masked the unusual found that the specified unsafe action on the proposed rule. The control forces generated by the ice condition must be addressed as a higher proposals contained in this notice may accumulation. These conditions, if not priority on airplanes equipped with be changed in light of the comments corrected, could result in a roll upset unpowered roll control systems and received. from which the flight crew may be pneumatic de-icing boots. These Comments are specifically invited on unable to recover. The atmospheric conditions (freezing airplanes were addressed first because the overall regulatory, economic, drizzle or SLD conditions) that may the flight crew of an airplane having an environmental, and energy aspects of have contributed to the accident are unpowered roll control system must the proposed rule. All comments outside the icing envelope specified in rely solely on physical strength to submitted will be available, both before Appendix C of part 25 of the Federal counteract roll control anomalies, and after the closing date for comments, Aviation Regulations (14 CFR part 25) whereas a roll control anomaly that in the Rules Docket for examination by for certification of the airplane. Such occurs on an airplane having a powered interested persons. A report that icing conditions are not defined in roll control system need not be offset summarizes each FAA-public contact Appendix C, and the FAA has not directly by the flight crew. The FAA concerned with the substance of this required that airplanes be shown to be also placed a priority on airplanes that proposal will be filed in the Rules capable of operating safely in those are used in regularly scheduled Docket. icing conditions. passenger service. The FAA issued the Commenters wishing the FAA to The FAA finds that flight crews are following airworthiness directives acknowledge receipt of their comments not currently provided with adequate (AD’s) that addressed airplanes that met submitted in response to this notice information necessary to determine these criteria. These AD’s identified must submit a self-addressed, stamped when the airplane is operating in icing visual cues for recognizing severe icing postcard on which the following conditions for which the airplane is not conditions, procedures for exiting these statement is made: ‘‘Comments to certificated or what action to take when conditions, and prohibitions on the use Docket No. 97–CE–50–AD.’’ The such conditions are encountered. of various flight control devices. These postcard will be date stamped and Therefore, the FAA has determined that AD’s consisted of the following airplane returned to the commenter. flight crews must be provided with such models.

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48515

Federal Register Docket No. Manufacturer/airplane model citation

96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, A±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination 21.29 of the Federal Aviation unusual lateral trim condition exists; Following examination of all relevant Regulations (14 CFR 21.29) and the and • information, the FAA has determined applicable bilateral airworthiness Require that all icing wing that certain limitations and procedures agreement. inspection lights be operative prior to should be included in the FAA- Explanation of the Provisions of the flight into known or forecast icing approved Airplane Flight Manual Proposed AD conditions at night. (AFM) for the affected airplanes as This proposed AD would also require follows: Since an unsafe condition has been revising the Normal Procedures Section • All Harbin Model Y12 IV airplanes identified which an unrecoverable roll of the FAA-approved AFM to specify must be prohibited from flight in severe upset may occur, as a result of exposure procedures that would: icing conditions (as determined by to severe icing conditions that are • Limit the use of the flaps and certain visual cues), and outside the icing limits for which the prohibit the use of the autopilot when • Flight crews must be provided with airplanes were certificated, the ice is observed forming aft of the information that would minimize the proposed AD would require revising the protected surfaces of the wing, or if potential hazards associated with Limitations Section of the FAA- unusual lateral trim requirements or operating the airplane in severe icing approved AFM to specify procedures autopilot trim warnings are conditions. that would: encountered; and The FAA has determined that such • Require flight crews to immediately • Provide the flight crew with limitations and procedures currently are request priority handling from Air recognition cues for, and procedures for not defined adequately in the AFM for Traffic Control to exit severe icing exiting from, severe icing conditions. these airplanes. conditions (as determined by certain Cost Impact These airplane models are visual cues); manufactured in China and are type • Prohibit use of the autopilot when The FAA has determined that there certificated for operations in the United ice is formed aft of the protected are no Harbin Model Y12 IV airplanes States under the provisions of Section surfaces of the wing, or when an currently in the U.S. registry would be 48516 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules affected by the proposed AD. If any of List of Subjects in 14 CFR Part 39 the ice protection system, or may result in ice forming aft of the protected surfaces. This ice these airplanes were registered in the Air transportation, Aircraft, Aviation U.S., it would take approximately 1 may not be shed using the ice protection safety, Safety. systems, and may seriously degrade the workhour per airplane to accomplish performance and controllability of the the proposed action, and that the The Proposed Amendment airplane. average labor rate is approximately $60 Accordingly, pursuant to the • During flight, severe icing conditions an hour. Since an owner/operator who authority delegated to me by the that exceed those for which the airplane is holds at least a private pilot’s certificate Administrator, the Federal Aviation certificated shall be determined by the as authorized by §§ 43.7 and 43.11 of following visual cues. If one or more of these Administration proposes to amend part visual cues exists, immediately request the Federal Aviation Regulations (14 39 of the Federal Aviation Regulations CFR 47.7 and 43.11) can accomplish the priority handling from Air Traffic Control to (14 CFR part 39) as follows: facilitate a route or an altitude change to exit proposed action, the only cost impact the icing conditions. upon the public is the time it would PART 39ÐAIRWORTHINESS —Unusually extensive ice accumulation on take the affected airplane owners/ DIRECTIVES the airframe and windshield in areas not operators to incorporate the proposed normally observed to collect ice. AFM revisions. 1. The authority citation for part 39 —Accumulation of ice on the lower surface continues to read as follows: The cost impact figure discussed of the wing aft of the protected area. Authority: 49 USC 106(g), 40113, 44701. —Accumulation of ice on the engine nacelles above is based on assumptions that no and propeller spinners farther aft than operator has yet accomplished any of § 39.13 [Amended] normally observed. the proposed requirements of this AD • 2. Section 39.13 is amended by Since the autopilot, when installed and action, and that no operator would operating, may mask tactile cues that indicate adding a new airworthiness directive accomplish those actions in the future if adverse changes in handling characteristics, (AD) to read as follows: this AD were not adopted. use of the autopilot is prohibited when any Harbin Aircraft Manufacturing Corporation of the visual cues specified above exist, or In addition, the FAA recognizes that (HMAC): Docket No. 97–CE–50–AD. when unusual lateral trim requirements or the proposed action may impose Applicability: Model Y12 IV Airplanes (all autopilot trim warnings are encountered operational costs. However, these costs serial numbers), certificated in any category. while the airplane is in icing conditions. are incalculable because the frequency • All wing icing inspection lights must be Note 1: This AD applies to each airplane operative prior to flight into known or of occurrence of the specified identified in the preceding applicability conditions and the associated additional forecast icing conditions at night. [NOTE: provision, regardless of whether it has been This supersedes any relief provided by the flight time cannot be determined. modified, altered, or repaired in the area Master Minimum Equipment List (MMEL).]’’ Nevertheless, because of the severity of subject to the requirements of this AD. For (2) Revise the FAA-approved AFM by the unsafe condition, the FAA has airplanes that have been modified, altered, or incorporating the following into the Normal determined that continued operational repaired so that the performance of the Procedures Section of the AFM. This may be safety necessitates the imposition of the requirements of this AD is affected, the accomplished by inserting a copy of this AD costs. owner/operator must request approval for an in the AFM. alternative method of compliance in Regulatory Impact accordance with paragraph (d) of this AD. ‘‘THE FOLLOWING WEATHER The request should include an assessment of CONDITIONS MAY BE CONDUCIVE TO The regulations proposed herein the effect of the modification, alteration, or SEVERE IN-FLIGHT ICING would not have substantial direct effects repair on the unsafe condition addressed by • Visible rain at temperatures below 0 on the States, on the relationship this AD; and, if the unsafe condition has not degrees Celsius ambient air temperature. • between the national government and been eliminated, the request should include Droplets that splash or splatter on impact the States, or on the distribution of specific proposed actions to address it. at temperatures below 0 degrees Celsius ambient air temperature. power and responsibilities among the Compliance: Required as indicated, unless various levels of government. Therefore, already accomplished. PROCEDURES FOR EXITING THE SEVERE To minimize the potential hazards ICING ENVIRONMENT in accordance with Executive Order associated with operating the airplane in 12612, it is determined that this severe icing conditions by providing more These procedures are applicable to all proposal would not have sufficient clearly defined procedures and limitations flight phases from takeoff to landing. Monitor federalism implications to warrant the associated with such conditions, accomplish the ambient air temperature. While severe preparation of a Federalism Assessment. the following: icing may form at temperatures as cold as ¥18 degrees Celsius, increased vigilance is (a) Within 30 days after the effective date For the reasons discussed above, I warranted at temperatures around freezing of this AD, accomplish the requirements of with visible moisture present. If the visual certify that this action (1) is not a paragraphs (a)(1) and (a)(2) of this AD. ‘‘significant regulatory action’’ under cues specified in the Limitations Section of Note 2: Operators should initiate action to Executive Order 12866; (2) is not a the AFM for identifying severe icing notify and ensure that flight crewmembers conditions are observed, accomplish the ‘‘significant rule’’ under DOT are apprised of this change. Regulatory Policies and Procedures (44 following: (1) Revise the FAA-approved Airplane • Immediately request priority handling FR 11034, February 26, 1979); and (3) if Flight Manual (AFM) by incorporating the from Air Traffic Control to facilitate a route promulgated, will not have a significant following into the Limitations Section of the or an altitude change to exit the severe icing economic impact, positive or negative, AFM. This may be accomplished by inserting conditions in order to avoid extended on a substantial number of small entities a copy of this AD in the AFM. exposure to flight conditions more severe than those for which the airplane has been under the criteria of the Regulatory ‘‘WARNING Flexibility Act. A copy of the draft certificated. • regulatory evaluation prepared for this Severe icing may result from Avoid abrupt and excessive environmental conditions outside of those for action has been placed in the Rules maneuvering that may exacerbate control which the airplane is certificated. Flight in difficulties. Docket. A copy of it may be obtained by freezing rain, freezing drizzle, or mixed icing • Do not engage the autopilot. contacting the Rules Docket at the conditions (supercooled liquid water and ice • If the autopilot is engaged, hold the location provided under the caption crystals) may result in ice build-up on control wheel firmly and disengage the ADDRESSES. protected surfaces exceeding the capability of autopilot. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48517

• If an unusual roll response or DEPARTMENT OF TRANSPORTATION This information also may be uncommanded roll control movement is examined at the Rules Docket at the observed, reduce the angle-of-attack. Federal Aviation Administration address above. • Do not extend flaps when holding in FOR FURTHER INFORMATION CONTACT: Mr. 14 CFR Part 39 icing conditions. Operation with flaps John P. Dow, Sr., Aerospace Engineer, extended can result in a reduced wing angle- [Docket No. 97±CE±58±AD] Small Airplane Directorate, Aircraft of-attack, with the possibility of ice forming Certification Service, 1201 Walnut, suite on the lower surface further aft on the wing RIN 2120±AA64 900, Kansas City, Missouri 64106, than normal, possibly aft of the protected telephone (816) 426–6932, facsimile area. Airworthiness Directives; Raytheon (816) 426–2169. • If the flaps are extended, do not retract Aircraft Company Models E55, E55A, them until the airframe is clear of ice. SUPPLEMENTARY INFORMATION: • 58, 58A, 58P, 58PA, 58TC, 58TCA Report these weather conditions to Air Comments Invited Traffic Control.’’ Airplanes and 60, 65±B80, 65±B90, 90, (b) Incorporating the AFM revisions, as F90, 100, 300, and B300 Series Interested persons are invited to required by this AD, may be performed by Airplanes (Formerly Known as Beech participate in the making of the the owner/operator holding at least a private Aircraft Corporation Model and Series proposed rule by submitting such pilot certificate as authorized by section 43.7 Airplanes) written data, views, or arguments as they may desire. Communications of the Federal Aviation Regulations (14 CFR AGENCY: Federal Aviation 43.7), and must be entered into the aircraft Administration, DOT. should identify the rules docket number records showing compliance with this AD in and be submitted in triplicate to the ACTION: accordance with section 43.11 of the Federal Notice of proposed rulemaking address specified above. All Aviation Regulations (14 CFR 43.11). (NPRM). communications received on or before (c) Special flight permits may be issued in SUMMARY: This document proposes to the closing date for comments, specified accordance with sections 21.197 and 21.199 adopt a new airworthiness directive above, will be considered before taking of the Federal Aviation Regulations (14 CFR (AD) that would apply to Raytheon action on the proposed rule. The 21.197 and 21.199) to operate the airplane to Aircraft Company Models (Raytheon) proposals contained in this notice may a location where the requirements of this AD Models E55, E55A, 58, 58A, 58P, 58PA, be changed in light of the comments can be accomplished. 58TC, 58TCA airplanes and 60, 65–B80, received. (d) An alternative method of compliance or 65–B90, 90, F90, 100, 300, and B300 Comments are specifically invited on adjustment of the compliance time that series airplanes (formerly known as the overall regulatory, economic, provides an acceptable level of safety may be Beech Aircraft Corporation Model and environmental, and energy aspects of used if approved by the Manager, Small series airplanes). This proposal would the proposed rule. All comments Airplane Directorate, FAA, 1201 Walnut, submitted will be available, both before suite 900, Kansas City, Missouri 64106. The require revising the FAA-approved Airplane Flight Manual (AFM) to and after the closing date for comments, request shall be forwarded through an in the rules docket for examination by appropriate FAA Maintenance Inspector, specify procedures that would prohibit flight in severe icing conditions (as interested persons. A report that who may add comments and then send it to summarizes each FAA-public contact the Manager, Small Airplane Directorate. determined by certain visual cues), limit or prohibit the use of various flight concerned with the substance of this Note 3: Information concerning the control devices while in severe icing proposal will be filed in the rules existence of approved alternative methods of conditions, and provide the flight crew docket. compliance with this AD, if any, may be with recognition cues for, and Commenters wishing the FAA to obtained from the Small Airplane procedures for exiting from, severe icing acknowledge receipt of their comments Directorate. conditions. The proposed AD is submitted in response to this notice (e) All persons affected by this directive prompted by the results of a review of must submit a self-addressed, stamped may examine information related to this AD the requirements for certification of postcard on which the following at the FAA, Central Region, Office of the these airplanes in icing conditions, new statement is made: ‘‘Comments to Assistant Chief Counsel, Room 1558, 601 E. information on the icing environment, Docket No. 97–CE–58–AD.’’ The 12th Street, Kansas City, Missouri 64106. and icing data provided currently to the postcard will be date stamped and Issued in Kansas City, Missouri, on flight crew. The actions specified by the returned to the commenter. September 9, 1997. proposed AD are intended to minimize Availability of NPRMs James E. Jackson, the potential hazards associated with Any person may obtain a copy of this operating these airplanes in severe icing Acting Manager, Small Airplane Directorate, NPRM by submitting a request to the Aircraft Certification Service. conditions by providing more clearly FAA, Central Region, Office of the defined procedures and limitations [FR Doc. 97–24484 Filed 9–15–97; 8:45 am] Assistant Chief Counsel, Attention: associated with such conditions. BILLING CODE 4910±13±U rules docket No. 97–CE–58–-AD, Room DATES: Comments must be received on 1558, 601 E. 12th Street, Kansas City, or before October 14, 1997. Missouri 64106. ADDRESSES: Submit comments in triplicate to the Federal Aviation Discussion Administration (FAA), Central Region, In October 1994, a transport category Office of the Assistant Chief Counsel, airplane was involved in an accident in Attention: Rules Docket No. 97–CE–58– which severe icing conditions (believed AD, Room 1558, 601 E. 12th Street, to be composed of freezing drizzle or Kansas City, Missouri 64106. Comments supercooled large droplets (SLD)) were may be inspected at this location reported in the area. Loss of control of between 8 a.m. and 4 p.m., Monday the airplane may have occurred because through Friday, holidays excepted. ice accretion on the upper surface of the 48518 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules wing aft of the area protected by the ice conditions for which the airplane is not envelope. However, in 1996, the FAA protection system caused airflow certificated or what action to take when found that the specified unsafe separation, which resulted in the such conditions are encountered. condition must be addressed as a higher ailerons being forced to a right-wing- Therefore, the FAA has determined that priority on airplanes equipped with down control position. There also is flight crews must be provided with such unpowered roll control systems and concern that the autopilot, which was information and must be made aware of pneumatic de-icing boots. These engaged, may have masked the unusual certain visual cues that may indicate the airplanes were addressed first because control forces generated by the ice airplane is operating in atmospheric the flight crew of an airplane having an accumulation. These conditions, if not conditions that are outside the icing unpowered roll control system must corrected, could result in a roll upset envelope. rely solely on physical strength to Since such information is not from which the flight crew may be counteract roll control anomalies, available to flight crews, and no unable to recover. whereas a roll control anomaly that The atmospheric conditions (freezing airplane is certificated for operation in drizzle or SLD conditions) that may severe icing conditions, such as freezing occurs on an airplane having a powered have contributed to the accident are drizzle or SLD conditions, the FAA roll control system need not be offset outside the icing envelope specified in finds that the potentially unsafe directly by the flight crew. The FAA Appendix C of part 25 of the Federal condition (described previously as also placed a priority on airplanes that Aviation Regulations (14 CFR part 25) control difficulties following operation are used in regularly scheduled for certification of the airplane. Such of the airplane in icing conditions passenger service. The FAA issued the icing conditions are not defined in outside the icing envelope) is not following airworthiness directives Appendix C, and the FAA has not limited to airplanes having the same (AD’s) that addressed airplanes that met required that airplanes be shown to be type design as that of the accident these criteria. These AD’s identified capable of operating safely in those airplane. visual cues for recognizing severe icing icing conditions. The FAA recognizes that the flight conditions, procedures for exiting these The FAA finds that flight crews are crew of any airplane that is certificated conditions, and prohibitions on the use not currently provided with adequate for flight in icing conditions may not of various flight control devices. These information necessary to determine have adequate information concerning AD’s consisted of the following airplane when the airplane is operating in icing icing conditions outside the icing models.

Docket No. Manufacturer/airplane model FEDERAL REG- ISTER citation

96-CE±01-AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96-CE±02-AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96-CE±03-AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96-CE±04-AD ...... Dornier 228 Series ...... 61 FR 2172. 96-CE±05-AD ...... Cessna 208/208B ...... 61 FR 2178. 96-CE±06-AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96-CE±07-AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96-NM±13-AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96-NM±14-AD ...... Jetstream 4101 ...... 61 FR 2142. 96-NM±15-AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96-NM±16-AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96-NM±17-AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96-NM±18-AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96-NM±19-AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96-NM±20-AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96-NM±21-AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96-NM±22-AD ...... Short Brothers SD3±30/SD3±60/SD3-SHERPA Series ...... 61 FR 2151. 95-NM±146-AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A. Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A. Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48519

Airplane models Docket No.

Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, 97±CE±61±AD PA±31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models, ...... 97±NM±177±AD

The FAA’s Determination • Require that all icing wing of occurrence of the specified inspection lights be operative prior to conditions and the associated additional Following examination of all relevant flight into known or forecast icing flight time cannot be determined. information, the FAA has determined conditions at night. Nevertheless, because of the severity of that certain limitations and procedures This proposed AD would also require the unsafe condition, the FAA has should be included in the FAA- revising the Normal Procedures Section determined that continued operational approved Airplane Flight Manual of the FAA-approved AFM to specify safety necessitates the imposition of the (AFM) for the affected airplanes as procedures that would: costs. follows: • • Limit the use of the flaps and All Raytheon Models E55, E55A, prohibit the use of the autopilot when Regulatory Impact 58, 58A, 58P, 58PA, 58TC, 58TCA ice is observed forming aft of the The regulations proposed herein airplanes and 60 , 65-B80, 65-B90, 90, protected surfaces of the wing, or if would not have substantial direct effects F90, 100, 300, and B300 series airplanes unusual lateral trim requirements or on the States, on the relationship must be prohibited from flight in severe autopilot trim warnings are between the national government and icing conditions (as determined by encountered; and the States, or on the distribution of certain visual cues), and • Provide the flight crew with power and responsibilities among the • Flight crews must be provided with recognition cues for, and procedures for various levels of government. Therefore, information that would minimize the exiting from, severe icing conditions. in accordance with Executive Order potential hazards associated with 12612, it is determined that this Cost Impact operating the airplane in severe icing proposal would not have sufficient conditions. The FAA estimates that 2,140 federalism implications to warrant the The FAA has determined that such airplanes in the U.S. registry would be preparation of a Federalism Assessment. limitations and procedures currently are affected by the proposed AD, that it For the reasons discussed above, I not defined adequately in the AFM for would take approximately 1 workhour certify that this action (1) is not a these airplanes. per airplane to accomplish the proposed ‘‘significant regulatory action’’ under Explanation of the Provisions of the action, and that the average labor rate is Executive Order 12866; (2) is not a Proposed AD approximately $60 an hour. Since an ‘‘significant rule’’ under DOT owner/operator who holds at least a Regulatory Policies and Procedures (44 Since an unsafe condition has been private pilot’s certificate as authorized FR 11034, February 26, 1979); and (3) if identified in which an unrecoverable by sections 43.7 and 43.11 of the promulgated, will not have a significant roll upset may occur, as a result of Federal Aviation Regulations (14 CFR economic impact, positive or negative, exposure to severe icing conditions that 47.7 and 43.11) can accomplish the on a substantial number of small entities are outside the icing limits for which proposed action, the only cost impact under the criteria of the Regulatory the airplanes were certificated, the upon the public is the time it would Flexibility Act. A copy of the draft proposed AD would require revising the take the affected airplane owners/ regulatory evaluation prepared for this Limitations Section of the FAA- operators to incorporate the proposed action has been placed in the rules approved AFM to specify procedures AFM revisions. docket. A copy of it may be obtained by that would: The cost impact figure discussed contacting the rules docket at the • Require flight crews to immediately above is based on assumptions that no location provided under the caption request priority handling from Air operator has yet accomplished any of ADDRESSES. Traffic Control to exit severe icing the proposed requirements of this AD conditions (as determined by certain action, and that no operator would List of Subjects in 14 CFR Part 39 visual cues); accomplish those actions in the future if Air transportation, Aircraft, Aviation • Prohibit use of the autopilot when this AD were not adopted. safety, Safety. ice is formed aft of the protected In addition, the FAA recognizes that surfaces of the wing, or when an the proposed action may impose The Proposed Amendment unusual lateral trim condition exists; operational costs. However, these costs Accordingly, pursuant to the and are incalculable because the frequency authority delegated to me by the 48520 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Administrator, the Federal Aviation systems, and may seriously degrade the • Do not extend flaps when holding in Administration proposes to amend part performance and controllability of the icing conditions. Operation with flaps 39 of the Federal Aviation Regulations airplane. extended can result in a reduced wing angle- • During flight, severe icing conditions of-attack, with the possibility of ice forming (14 CFR part 39) as follows: that exceed those for which the airplane is on the upper surface further aft on the wing PART 39ÐAIRWORTHINESS certificated shall be determined by the than normal, possibly aft of the protected following visual cues. If one or more of these area. DIRECTIVES visual cues exists, immediately request • If the flaps are extended, do not retract 1. The authority citation for part 39 priority handling from Air Traffic Control to them until the airframe is clear of ice. facilitate a route or an altitude change to exit • Report these weather conditions to Air continues to read as follows: the icing conditions. Traffic Control.’’ Authority: 49 USC 106(g), 40113, 44701. —Unusually extensive ice accumulation on (b) Incorporating the AFM revisions, as the airframe and windshield in areas not required by this AD, may be performed by §39.13 [Amended] normally observed to collect ice. the owner/operator holding at least a private —Accumulation of ice on the upper surface pilot certificate as authorized by § 43.7 of the 2. Section 39.13 is amended by Federal Aviation Regulations (14 CFR 43.7), adding a new airworthiness directive of the wing, aft of the protected area. —Accumulation of ice on the engine nacelles and must be entered into the aircraft records (AD) to read as follows: and propeller spinners farther aft than showing compliance with this AD in Raytheon Aircraft Company: Docket No. 97- normally observed. accordance with § 43.11 of the Federal CE–58-AD. • Since the autopilot, when installed and Aviation Regulations (14 CFR 43.11). (c) Special flight permits may be issued in Applicability: Models E55, E55A, 58, 58A, operating, may mask tactile cues that indicate adverse changes in handling characteristics, accordance with sections 21.197 and 21.199 58P, 58PA, 58TC, 58TCA airplanes and 60, of the Federal Aviation Regulations (14 CFR 65–B80, 65–B90, 90, F90, 100, 300, and B300 use of the autopilot is prohibited when any of the visual cues specified above exist, or 21.197 and 21.199) to operate the airplane to series airplanes (formerly known as Beech a location where the requirements of this AD Aircraft Corporation Model and series when unusual lateral trim requirements or autopilot trim warnings are encountered can be accomplished. airplanes), (all serial numbers), certificated in (d) An alternative method of compliance or any category. while the airplane is in icing conditions. • All wing icing inspection lights must be adjustment of the compliance time that Note 1: This AD applies to each airplane provides an acceptable level of safety may be identified in the preceding applicability operative prior to flight into known or forecast icing conditions at night. [NOTE: used if approved by the Manager, Small provision, regardless of whether it has been Airplane Directorate, FAA, 1201 Walnut, modified, altered, or repaired in the area This supersedes any relief provided by the Master Minimum Equipment List (MMEL).]’’ suite 900, Kansas City, Missouri 64106. The subject to the requirements of this AD. For (2) Revise the FAA-approved AFM by request shall be forwarded through an airplanes that have been modified, altered, or incorporating the following into the Normal appropriate FAA Maintenance Inspector, repaired so that the performance of the Procedures Section of the AFM. This may be who may add comments and then send it to requirements of this AD is affected, the accomplished by inserting a copy of this AD the Manager, Small Airplane Directorate. owner/operator must request approval for an in the AFM. Note 3: Information concerning the alternative method of compliance in existence of approved alternative methods of accordance with paragraph (d) of this AD. ‘‘THE FOLLOWING WEATHER compliance with this AD, if any, may be The request should include an assessment CONDITIONS MAY BE CONDUCIVE TO obtained from the Small Airplane of the effect of the modification, alteration, or SEVERE IN-FLIGHT ICING: Directorate. repair on the unsafe condition addressed by • Visible rain at temperatures below 0 (e) All persons affected by this directive this AD; and, if the unsafe condition has not degrees Celsius ambient air temperature. may examine information related to this AD been eliminated, the request should include • Droplets that splash or splatter on impact at the FAA, Central Region, Office of the specific proposed actions to address it. at temperatures below 0 degrees Celsius Assistant Chief Counsel, Room 1558, 601 E. Compliance: Required as indicated, unless ambient air temperature. 12th Street, Kansas City, Missouri 64106. already accomplished. Issued in Kansas City, Missouri, on PROCEDURES FOR EXITING THE SEVERE To minimize the potential hazards September 9, 1997. ICING ENVIRONMENT: associated with operating the airplane in James E. Jackson, severe icing conditions by providing more These procedures are applicable to all flight phases from takeoff to landing. Monitor Acting Manager, Small Airplane Directorate, clearly defined procedures and limitations Aircraft Certification Service. associated with such conditions, accomplish the ambient air temperature. While severe the following: icing may form at temperatures as cold as [FR Doc. 97–24483 Filed 9–15–97; 8:45 am] (a) Within 30 days after the effective date ¥18 degrees Celsius, increased vigilance is BILLING CODE 4910±13±U of this AD, accomplish the requirements of warranted at temperatures around freezing paragraphs (a)(1) and (a)(2) of this AD. with visible moisture present. If the visual cues specified in the Limitations Section of DEPARTMENT OF TRANSPORTATION Note 2: Operators should initiate action to the AFM for identifying severe icing notify and ensure that flight crewmembers conditions are observed, accomplish the Federal Aviation Administration are apprised of this change. following: (1) Revise the FAA-approved Airplane • Immediately request priority handling 14 CFR Part 39 Flight Manual (AFM) by incorporating the from Air Traffic Control to facilitate a route following into the Limitations Section of the or an altitude change to exit the severe icing [Docket No. 97±CE±49±AD] AFM. This may be accomplished by inserting conditions in order to avoid extended RIN 2120±AA64 a copy of this AD in the AFM. exposure to flight conditions more severe than those for which the airplane has been ‘‘WARNING certificated. Airworthiness Directives; AeroSpace Severe icing may result from • Avoid abrupt and excessive Technologies of Australia Pty Ltd. environmental conditions outside of those for maneuvering that may exacerbate control Models N22B and N24A Airplanes which the airplane is certificated. Flight in difficulties. AGENCY: freezing rain, freezing drizzle, or mixed icing • Do not engage the autopilot. Federal Aviation conditions (supercooled liquid water and ice • If the autopilot is engaged, hold the Administration, DOT. crystals) may result in ice build-up on control wheel firmly and disengage the ACTION: Notice of proposed rulemaking protected surfaces exceeding the capability of autopilot. (NPRM). the ice protection system, or may result in ice • If an unusual roll response or forming aft of the protected surfaces. This ice uncommanded roll control movement is SUMMARY: This document proposes to may not be shed using the ice protection observed, reduce the angle-of-attack. adopt a new airworthiness directive Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48521

(AD) that is applicable to certain action on the proposed rule. The Appendix C, and the FAA has not AeroSpace Technologies of Australia proposals contained in this notice may required that airplanes be shown to be (ASTA) Models N22B and N24A be changed in light of the comments capable of operating safely in those airplanes. This proposal would require received. icing conditions. revising the FAA-approved Airplane Comments are specifically invited on The FAA finds that flight crews are Flight Manual (AFM) to specify the overall regulatory, economic, not currently provided with adequate procedures that would prohibit flight in environmental, and energy aspects of information necessary to determine severe icing conditions (as determined the proposed rule. All comments when the airplane is operating in icing by certain visual cues), limit or prohibit submitted will be available, both before conditions for which the airplane is not the use of various flight control devices and after the closing date for comments, certificated or what action to take when while in severe icing conditions, and in the Rules Docket for examination by such conditions are encountered. provide the flight crew with recognition interested persons. A report that Therefore, the FAA has determined that cues for, and procedures for exiting summarizes each FAA-public contact flight crews must be provided with such from, severe icing conditions. The concerned with the substance of this information and must be made aware of proposed AD is prompted by the results proposal will be filed in the Rules certain visual cues that may indicate the of a review of the requirements for Docket. airplane is operating in atmospheric certification of these airplanes in icing Commenters wishing the FAA to conditions that are outside the icing conditions, new information on the acknowledge receipt of their comments envelope. submitted in response to this notice icing environment, and icing data Since such information is not must submit a self-addressed, stamped provided currently to the flight crew. available to flight crews, and no postcard on which the following The actions specified by the proposed airplane is certificated for operation in statement is made: ‘‘Comments to AD are intended to minimize the severe icing conditions, such as freezing Docket No. 97–CE–49–AD.’’ The potential hazards associated with drizzle or SLD conditions, the FAA postcard will be date stamped and operating these airplanes in severe icing finds that the potentially unsafe returned to the commenter. conditions by providing more clearly condition (described previously as defined procedures and limitations Availability of NPRMs control difficulties following operation associated with such conditions. Any person may obtain a copy of this of the airplane in icing conditions DATES: Comments must be received on outside the icing envelope) is not or before October 14, 1997. NPRM by submitting a request to the FAA, Central Region, Office of the limited to airplanes having the same ADDRESSES: Submit comments in Assistant Chief Counsel, Attention: type design as that of the accident triplicate to the Federal Aviation Rules Docket No. 97–CE–49–AD, Room airplane. Administration (FAA), Central Region, 1558, 601 E. 12th Street, Kansas City, The FAA recognizes that the flight Office of the Assistant Chief Counsel, Missouri 64106. crew of any airplane that is certificated Attention: Rules Docket No. 97–CE–49– for flight in icing conditions may not AD, Room 1558, 601 E. 12th Street, Discussion have adequate information concerning Kansas City, Missouri 64106. Comments In October 1994, a transport category icing conditions outside the icing may be inspected at this location airplane was involved in an accident in envelope. However, in 1996, the FAA between 8 a.m. and 4 p.m., Monday which severe icing conditions (believed found that the specified unsafe through Friday, holidays excepted. to be composed of freezing drizzle or condition must be addressed as a higher This information also may be supercooled large droplets (SLD)) were priority on airplanes equipped with examined at the Rules Docket at the reported in the area. Loss of control of unpowered roll control systems and address above. the airplane may have occurred because pneumatic de-icing boots. These FOR FURTHER INFORMATION CONTACT: Mr. ice accretion on the upper surface of the airplanes were addressed first because John P. Dow, Sr., Aerospace Engineer, wing aft of the area protected by the ice the flight crew of an airplane having an Small Airplane Directorate, Aircraft protection system caused airflow unpowered roll control system must Certification Service, 1201 Walnut, suite separation, which resulted in the rely solely on physical strength to 900, Kansas City, Missouri 64106, ailerons being forced to a right-wing- counteract roll control anomalies, telephone (816) 426–6932; facsimile down control position. There also is whereas a roll control anomaly that (816) 426–2169. concern that the autopilot, which was occurs on an airplane having a powered SUPPLEMENTARY INFORMATION: engaged, may have masked the unusual roll control system need not be offset control forces generated by the ice directly by the flight crew. The FAA Comments Invited accumulation. These conditions, if not also placed a priority on airplanes that Interested persons are invited to corrected, could result in a roll upset are used in regularly scheduled participate in the making of the from which the flight crew may be passenger service. The FAA issued the proposed rule by submitting such unable to recover. following airworthiness directives written data, views, or arguments as The atmospheric conditions (freezing (AD’s) that addressed airplanes that met they may desire. Communications drizzle or SLD conditions) that may these criteria. These AD’s identified should identify the Rules Docket have contributed to the accident are visual cues for recognizing severe icing number and be submitted in triplicate to outside the icing envelope specified in conditions, procedures for exiting these the address specified above. All Appendix C of part 25 of the Federal conditions, and prohibitions on the use communications received on or before Aviation Regulations (14 CFR part 25) of various flight control devices. These the closing date for comments, specified for certification of the airplane. Such AD’s consisted of the following airplane above, will be considered before taking icing conditions are not defined in models.

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 48522 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA conditions, procedures for exiting these certificated in normal and utility has determined that similar AD’s should conditions, and prohibitions on the use categories (not used in agricultural be issued for similarly equipped of various flight control devices. These operations) that are used in part 135 on- airplanes that are not used in regularly proposed rules would apply to part 25 demand and air-taxi operation, and scheduled passenger service. Like the and certain part 23 airplanes that are other airplanes regularly exposed to AD’s written in 1996, the proposed rules equipped with unpowered aileron icing conditions. The proposed rules described below would also provide controls and pneumatic de-icing boots. affect the following airplanes. visual cues for recognizing severe icing The part 23 NPRM’s address airplanes

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, 97±CE±61±AD PA±31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, 97±CE±63±AD and 441. SIAI±Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination • ASTA Models N22B and N24A operating the airplane in severe icing airplanes must be prohibited from flight conditions. Following examination of all relevant in severe icing conditions (as These airplane models are information, the FAA has determined determined by certain visual cues), and that certain limitations and procedures manufactured in Australia and are type • should be included in the FAA- Flight crews must be provided with certificated for operations in the United approved Airplane Flight Manual information that would minimize the States under the provisions of § 21.29 (AFM) for the affected airplanes as potential hazards associated with of the Federal Aviation Regulations (14 follows: Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48523

CFR 21.29) and the applicable bilateral In addition, the FAA recognizes that § 39.13 [Amended] airworthiness agreement. the proposed action may impose 2. Section 39.13 is amended by adding a new airworthiness directive Explanation of the Provisions of the operational costs. However, these costs (AD) to read as follows: Proposed AD are incalculable because the frequency of occurrence of the specified Aerospace Technologies of Australia PTY. Since an unsafe condition has been conditions and the associated additional Ltd. (ASTA): Docket No. 97–CE–49–AD. identified in which an unrecoverable flight time cannot be determined. Applicability: Model N22B and N24A Airplanes (all serial numbers), certificated in roll upset may occur, as a result of Nevertheless, because of the severity of exposure to severe icing conditions that any category. the unsafe condition, the FAA has are outside the icing limits for which Note 1: This AD applies to each airplane determined that continued operational the airplanes were certificated, the identified in the preceding applicability proposed AD would require revising the safety necessitates the imposition of the provision, regardless of whether it has been costs. modified, altered, or repaired in the area Limitations Section of the FAA- subject to the requirements of this AD. For approved AFM to specify procedures Regulatory Impact airplanes that have been modified, altered, or that would: repaired so that the performance of the • require flight crews to immediately The regulations proposed herein requirements of this AD is affected, the request priority handling from Air would not have substantial direct effects owner/operator must request approval for an Traffic Control to exit severe icing on the States, on the relationship alternative method of compliance in conditions (as determined by certain between the national government and accordance with paragraph (d) of this AD. The request should include an assessment of visual cues); the States, or on the distribution of • prohibit use of the autopilot when the effect of the modification, alteration, or power and responsibilities among the repair on the unsafe condition addressed by ice is formed aft of the protected various levels of government. Therefore, this AD; and, if the unsafe condition has not surfaces of the wing, or when an in accordance with Executive Order been eliminated, the request should include unusual lateral trim condition exists; 12612, it is determined that this specific proposed actions to address it. and proposal would not have sufficient Compliance: Required as indicated, unless • require that all icing wing already accomplished. federalism implications to warrant the inspection lights be operative prior to To minimize the potential hazards flight into known or forecast icing preparation of a Federalism Assessment. associated with operating the airplane in conditions at night. For the reasons discussed above, I severe icing conditions by providing more clearly defined procedures and limitations This proposed AD would also require certify that this action (1) is not a associated with such conditions, accomplish revising the Normal Procedures Section ‘‘significant regulatory action’’ under the following: of the FAA-approved AFM to specify Executive Order 12866; (2) is not a (a) Within 30 days after the effective date procedures that would: ‘‘significant rule’’ under DOT of this AD, accomplish the requirements of • limit the use of the flaps and Regulatory Policies and Procedures (44 paragraphs (a)(1) and (a)(2) of this AD. prohibit the use of the autopilot when FR 11034, February 26, 1979); and (3) if Note 2: Operators should initiate action to ice is observed forming aft of the promulgated, will not have a significant notify and ensure that flight crewmembers are apprised of this change. protected surfaces of the wing, or if economic impact, positive or negative, unusual lateral trim requirements or (1) Revise the FAA-approved Airplane on a substantial number of small entities Flight Manual (AFM) by incorporating the autopilot trim warnings are under the criteria of the Regulatory encountered; and following into the Limitations Section of the Flexibility Act. A copy of the draft • provide the flight crew with AFM. This may be accomplished by inserting a copy of this AD in the AFM. recognition cues for, and procedures for regulatory evaluation prepared for this exiting from, severe icing conditions. action has been placed in the Rules ‘‘WARNING Docket. A copy of it may be obtained by Cost Impact Severe icing may result from contacting the Rules Docket at the environmental conditions outside of those for The FAA estimates that 15 airplanes location provided under the caption which the airplane is certificated. Flight in in the U.S. registry would be affected by ADDRESSES. freezing rain, freezing drizzle, or mixed icing the proposed AD, that it would take conditions (supercooled liquid water and ice List of Subjects in 14 CFR Part 39 approximately 1 workhour per airplane crystals) may result in ice build-up on protected surfaces exceeding the capability of to accomplish the proposed action, and Air transportation, Aircraft, Aviation the ice protection system, or may result in ice that the average labor rate is safety, Safety. forming aft of the protected surfaces. This ice approximately $60 an hour. Since an may not be shed using the ice protection owner/operator who holds at least a The Proposed Amendment systems, and may seriously degrade the private pilot’s certificate as authorized performance and controllability of the by §§ 43.7 and 43.11 of the Federal Accordingly, pursuant to the airplane. • Aviation Regulations (14 CFR 47.7 and authority delegated to me by the During flight, severe icing conditions 43.11) can accomplish the proposed Administrator, the Federal Aviation that exceed those for which the airplane is certificated shall be determined by the action, the only cost impact upon the Administration proposes to amend part 39 of the Federal Aviation Regulations following visual cues. If one or more of these public is the time it would take the visual cues exists, immediately request affected airplane owners/operators to (14 CFR part 39) as follows: priority handling from Air Traffic Control to incorporate the proposed AFM facilitate a route or an altitude change to exit revisions. PART 39ÐAIRWORTHINESS the icing conditions. The cost impact figure discussed DIRECTIVES —Unusually extensive ice accumulation above is based on assumptions that no on the airframe and windshield in operator has yet accomplished any of 1. The authority citation for part 39 areas not normally observed to collect the proposed requirements of this AD continues to read as follows: ice. action, and that no operator would Authority: 49 USC 106(g), 40113, 44701. —Accumulation of ice on the lower accomplish those actions in the future if surface of the wing aft of the protected this AD were not adopted. area. 48524 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

—Accumulation of ice on the engine of the Federal Aviation Regulations (14 CFR conditions, and provide the flight crew nacelles and propeller spinners 43.7), and must be entered into the aircraft with recognition cues for, and farther aft than normally observed. records showing compliance with this AD in procedures for exiting from, severe icing accordance with section 43.11 of the Federal • Since the autopilot, when installed and conditions. The proposed AD is Aviation Regulations (14 CFR 43.11). operating, may mask tactile cues that indicate prompted by the results of a review of (c) Special flight permits may be issued in adverse changes in handling characteristics, accordance with sections 21.197 and 21.199 the requirements for certification of use of the autopilot is prohibited when any of the Federal Aviation Regulations (14 CFR these airplanes in icing conditions, new of the visual cues specified above exist, or 21.197 and 21.199) to operate the airplane to information on the icing environment, when unusual lateral trim requirements or a location where the requirements of this AD and icing data provided currently to the autopilot trim warnings are encountered can be accomplished. while the airplane is in icing conditions. flight crew. The actions specified by the (d) An alternative method of compliance or • All icing wing inspection lights must be proposed AD are intended to minimize operative prior to flight into known or adjustment of the compliance time that the potential hazards associated with forecast icing conditions at night. [NOTE: provides an acceptable level of safety may be operating these airplanes in severe icing This supersedes any relief provided by the used if approved by the Manager, Small conditions by providing more clearly Master Minimum Equipment List (MMEL).]’’ Airplane Directorate, FAA, 1201 Walnut, defined procedures and limitations suite 900, Kansas City, Missouri 64106. The (2) Revise the FAA-approved AFM by associated with such conditions. incorporating the following into the Normal request shall be forwarded through an DATES: Comments must be received on Procedures Section of the AFM. This may be appropriate FAA Maintenance Inspector, accomplished by inserting a copy of this AD who may add comments and then send it to or before October 14, 1997. in the AFM. the Manager, Small Airplane Directorate. ADDRESSES: Submit comments in Note 3: Information concerning the triplicate to the Federal Aviation ‘‘THE FOLLOWING WEATHER existence of approved alternative methods of Administration (FAA), Central Region, CONDITIONS MAY BE CONDUCIVE TO compliance with this AD, if any, may be Office of the Assistant Chief Counsel, SEVERE IN-FLIGHT ICING: obtained from the Small Airplane • Attention: Rules Docket No. 97–CE–51– Visible rain at temperatures below 0 Directorate. AD, Room 1558, 601 E. 12th Street, degrees Celsius ambient air temperature. (e) All persons affected by this directive • Droplets that splash or splatter on impact Kansas City, Missouri 64106. Comments may examine information related to this AD may be inspected at this location at temperatures below 0 degrees Celsius at the FAA, Central Region, Office of the ambient air temperature. Assistant Chief Counsel, Room 1558, 601 E. between 8 a.m. and 4 p.m., Monday 12th Street, Kansas City, Missouri 64106. through Friday, holidays excepted. PROCEDURES FOR EXITING THE SEVERE This information also may be ICING ENVIRONMENT: Issued in Kansas City, Missouri, on September 9, 1997. examined at the Rules Docket at the These procedures are applicable to all address above. flight phases from takeoff to landing. Monitor James E. Jackson, FOR FURTHER INFORMATION CONTACT: the ambient air temperature. While severe Acting Manager, Small Airplane Directorate, Mr. icing may form at temperatures as cold as Aircraft Certification Service. John P. Dow, Sr., Aerospace Engineer, ¥18 degrees Celsius, increased vigilance is [FR Doc. 97–24488 Filed 9–15–97; 8:45 am] Small Airplane Directorate, Aircraft warranted at temperatures around freezing Certification Service, 1201 Walnut, suite BILLING CODE 4910±13±U with visible moisture present. If the visual 900, Kansas City, Missouri 64106, cues specified in the Limitations Section of telephone (816) 426–6932, facsimile the AFM for identifying severe icing (816) 426–2169. conditions are observed, accomplish the DEPARTMENT OF TRANSPORTATION following: SUPPLEMENTARY INFORMATION: • Immediately request priority handling Federal Aviation Administration from Air Traffic Control to facilitate a route Comments Invited or an altitude change to exit the severe icing 14 CFR Part 39 Interested persons are invited to conditions in order to avoid extended [Docket No. 97±CE±51±AD] participate in the making of the exposure to flight conditions more severe proposed rule by submitting such than those for which the airplane has been RIN 2120±AA64 written data, views, or arguments as certificated. • Avoid abrupt and excessive Airworthiness Directives; Partenavia they may desire. Communications maneuvering that may exacerbate control Costruzioni Aeronauticas, S.p.A. Model should identify the Rules Docket difficulties. P68, AP68TP 300, AP68TP 600 number and be submitted in triplicate to • Do not engage the autopilot. Airplanes the address specified above. All • If the autopilot is engaged, hold the communications received on or before control wheel firmly and disengage the AGENCY: Federal Aviation the closing date for comments, specified autopilot. • Administration, DOT. above, will be considered before taking If an unusual roll response or action on the proposed rule. The uncommanded roll control movement is ACTION: Notice of proposed rulemaking observed, reduce the angle-of-attack. (NPRM). proposals contained in this notice may • Do not extend flaps when holding in be changed in light of the comments icing conditions. Operation with flaps SUMMARY: This document proposes to received. extended can result in a reduced wing angle- adopt a new airworthiness directive Comments are specifically invited on of-attack, with the possibility of ice forming (AD) that would apply to certain the overall regulatory, economic, on the upper surface further aft on the wing Partenavia Costruzioni Aeronauticas, environmental, and energy aspects of than normal, possibly aft of the protected S.p.A. (Partenavia) Model P68, AP68TP the proposed rule. All comments area. 300, AP68TP 600 airplanes. This submitted will be available, both before • If the flaps are extended, do not retract proposal would require revising the and after the closing date for comments, them until the airframe is clear of ice. FAA-approved Airplane Flight Manual in the Rules Docket for examination by • Report these weather conditions to Air Traffic Control.’’ (AFM) to specify procedures that would interested persons. A report that (b) Incorporating the AFM revisions, as prohibit flight in severe icing conditions summarizes each FAA-public contact required by this AD, may be performed by (as determined by certain visual cues), concerned with the substance of this the owner/operator holding at least a private limit or prohibit the use of various flight proposal will be filed in the Rules pilot certificate as authorized by section 43.7 control devices while in severe icing Docket. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48525

Commenters wishing the FAA to corrected, could result in a roll upset of the airplane in icing conditions acknowledge receipt of their comments from which the flight crew may be outside the icing envelope) is not submitted in response to this notice unable to recover. limited to airplanes having the same must submit a self-addressed, stamped The atmospheric conditions (freezing type design as that of the accident postcard on which the following drizzle or SLD conditions) that may airplane. statement is made: ‘‘Comments to have contributed to the accident are The FAA recognizes that the flight Docket No. 97–CE–51–AD.’’ The outside the icing envelope specified in crew of any airplane that is certificated postcard will be date stamped and Appendix C of part 25 of the Federal for flight in icing conditions may not returned to the commenter. Aviation Regulations (14 CFR part 25) have adequate information concerning for certification of the airplane. Such icing conditions outside the icing Availability of NPRMs icing conditions are not defined in envelope. However, in 1996, the FAA Any person may obtain a copy of this Appendix C, and the FAA has not found that the specified unsafe NPRM by submitting a request to the required that airplanes be shown to be condition must be addressed as a higher FAA, Central Region, Office of the capable of operating safely in those priority on airplanes equipped with Assistant Chief Counsel, Attention: icing conditions. unpowered roll control systems and Rules Docket No. 97–CE–51–AD, Room The FAA finds that flight crews are pneumatic de-icing boots. These 1558, 601 E. 12th Street, Kansas City, not currently provided with adequate airplanes were addressed first because Missouri 64106. information necessary to determine the flight crew of an airplane having an when the airplane is operating in icing unpowered roll control system must Discussion conditions for which the airplane is not rely solely on physical strength to In October 1994, a transport category certificated or what action to take when counteract roll control anomalies, airplane was involved in an accident in such conditions are encountered. whereas a roll control anomaly that which severe icing conditions (believed Therefore, the FAA has determined that occurs on an airplane having a powered to be composed of freezing drizzle or flight crews must be provided with such roll control system need not be offset supercooled large droplets (SLD)) were information and must be made aware of directly by the flight crew. The FAA reported in the area. Loss of control of certain visual cues that may indicate the also placed a priority on airplanes that the airplane may have occurred because airplane is operating in atmospheric are used in regularly scheduled ice accretion on the upper surface of the conditions that are outside the icing passenger service. The FAA issued the wing aft of the area protected by the ice envelope. following airworthiness directives protection system caused airflow Since such information is not (AD’s) that addressed airplanes that met separation, which resulted in the available to flight crews, and no these criteria. These AD’s identified ailerons being forced to a right-wing- airplane is certificated for operation in visual cues for recognizing severe icing down control position. There also is severe icing conditions, such as freezing conditions, procedures for exiting these concern that the autopilot, which was drizzle or SLD conditions, the FAA conditions, and prohibitions on the use engaged, may have masked the unusual finds that the potentially unsafe of various flight control devices. These control forces generated by the ice condition (described previously as AD’s consisted of the following airplane accumulation. These conditions, if not control difficulties following operation models.

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151. 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA conditions, and prohibitions on the use operations) that are used in part 135 on- has determined that similar AD’s should of various flight control devices. These demand and air-taxi operation, and be issued for similarly equipped proposed rules would apply to part 25 other airplanes regularly exposed to airplanes that are not used in regularly and certain part 23 airplanes that are icing conditions. The proposed rules scheduled passenger service. Like the equipped with unpowered aileron affect the following airplanes. AD’s written in 1996, the proposed rules controls and pneumatic de-icing boots. described below would also provide The part 23 NPRM’s address airplanes visual cues for recognizing severe icing certificated in normal and utility conditions, procedures for exiting these categories (not used in agricultural 48526 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche. Rinaldo Piaggio S.p.A., Model P±180 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation) Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, A±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination outside the icing limits for which the Cost Impact Following examination of all relevant airplanes were certificated, the The FAA estimates that 5 airplanes in information, the FAA has determined proposed AD would require revising the the U.S. registry would be affected by that certain limitations and procedures Limitations Section of the FAA- the proposed AD, that it would take should be included in the FAA- approved AFM to specify procedures approximately 1 workhour per airplane approved Airplane Flight Manual that would: to accomplish the proposed action, and (AFM) for the affected airplanes as • Require flight crews to immediately that the average labor rate is follows: request priority handling from Air approximately $60 an hour. Since an • All Partenavia Models P68, AP68TP Traffic Control to exit severe icing owner/operator who holds at least a 300, and AP68TP 600 airplanes must be conditions (as determined by certain private pilot’s certificate as authorized by sections 43.7 and 43.11 of the prohibited from flight in severe icing visual cues); conditions (as determined by certain Federal Aviation Regulations (14 CFR • visual cues), and Prohibit use of the autopilot when 47.7 and 43.11) can accomplish the • Flight crews must be provided with ice is formed aft of the protected proposed action, the only cost impact information that would minimize the surfaces of the wing, or when an upon the public is the time it would potential hazards associated with unusual lateral trim condition exists; take the affected airplane owners/ operating the airplane in severe icing and operators to incorporate the proposed conditions. • Require that all icing wing AFM revisions. The FAA has determined that such inspection lights be operative prior to The cost impact figure discussed above is based on assumptions that no limitations and procedures currently are flight into known or forecast icing not defined adequately in the AFM for operator has yet accomplished any of conditions at night. these airplanes. the proposed requirements of this AD These airplane models are This proposed AD would also require action, and that no operator would manufactured in Italy and are type revising the Normal Procedures Section accomplish those actions in the future if certificated for operations in the United of the FAA-approved AFM to specify this AD were not adopted. States under the provisions of Section procedures that would: The cost impact figure discussed 21.29 of the Federal Aviation • Limit the use of the flaps and above is based on assumptions that no Regulations (14 CFR 21.29) and the prohibit the use of the autopilot when operator has yet accomplished any of applicable bilateral airworthiness ice is observed forming aft of the the proposed requirements of this AD action, and that no operator would agreement. protected surfaces of the wing, or if accomplish those actions in the future if unusual lateral trim requirements or Explanation of the Provisions of the this AD were not adopted. Proposed AD autopilot trim warnings are In addition, the FAA recognizes that Since an unsafe condition has been encountered; and the proposed action may impose identified which an unrecoverable roll • Provide the flight crew with operational costs. However, these costs upset may occur, as a result of exposure recognition cues for, and procedures for are incalculable because the frequency to severe icing conditions that are exiting from, severe icing conditions. of occurrence of the specified Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48527 conditions and the associated additional provision, regardless of whether it has been forecast icing conditions at night. [NOTE: flight time cannot be determined. modified, altered, or repaired in the area This supersedes any relief provided by the Nevertheless, because of the severity of subject to the requirements of this AD. For Master Minimum Equipment List (MMEL).]’’ the unsafe condition, the FAA has airplanes that have been modified, altered, or (2) Revise the FAA-approved AFM by repaired so that the performance of the determined that continued operational incorporating the following into the Normal requirements of this AD is affected, the Procedures Section of the AFM. This may be safety necessitates the imposition of the owner/operator must request approval for an accomplished by inserting a copy of this AD costs. alternative method of compliance in in the AFM. Regulatory Impact accordance with paragraph (d) of this AD. The request should include an assessment of THE FOLLOWING WEATHER CONDITIONS The regulations proposed herein the effect of the modification, alteration, or MAY BE CONDUCIVE TO SEVERE IN- would not have substantial direct effects repair on the unsafe condition addressed by FLIGHT ICING on the States, on the relationship this AD; and, if the unsafe condition has not • Visible rain at temperatures below 0 between the national government and been eliminated, the request should include degrees Celsius ambient air temperature. • the States, or on the distribution of specific proposed actions to address it. Droplets that splash or splatter on impact power and responsibilities among the Compliance: Required as indicated, unless at temperatures below 0 degrees Celsius ambient air temperature. various levels of government. Therefore, already accomplished. in accordance with Executive Order To minimize the potential hazards PROCEDURES FOR EXITING THE SEVERE associated with operating the airplane in ICING ENVIRONMENT 12612, it is determined that this severe icing conditions by providing more proposal would not have sufficient clearly defined procedures and limitations These procedures are applicable to all federalism implications to warrant the associated with such conditions, accomplish flight phases from takeoff to landing. Monitor preparation of a Federalism Assessment. the following: the ambient air temperature. While severe For the reasons discussed above, I (a) Within 30 days after the effective date icing may form at temperatures as cold as certify that this action (1) is not a of this AD, accomplish the requirements of ¥18 degrees Celsius, increased vigilance is ‘‘significant regulatory action’’ under paragraphs (a)(1) and (a)(2) of this AD. warranted at temperatures around freezing Executive Order 12866; (2) is not a Note 2: Operators should initiate action to with visible moisture present. If the visual cues specified in the Limitations Section of ‘‘significant rule’’ under DOT notify and ensure that flight crewmembers are apprised of this change. the AFM for identifying severe icing Regulatory Policies and Procedures (44 conditions are observed, accomplish the FR 11034, February 26, 1979); and (3) if (1) Revise the FAA-approved Airplane following: promulgated, will not have a significant Flight Manual (AFM) by incorporating the • Immediately request priority handling economic impact, positive or negative, following into the Limitations Section of the from Air Traffic Control to facilitate a route on a substantial number of small entities AFM. This may be accomplished by inserting or an altitude change to exit the severe icing under the criteria of the Regulatory a copy of this AD in the AFM. conditions in order to avoid extended Flexibility Act. A copy of the draft WARNING exposure to flight conditions more severe than those for which the airplane has been regulatory evaluation prepared for this Severe icing may result from certificated. action has been placed in the Rules environmental conditions outside of those for • Avoid abrupt and excessive which the airplane is certificated. Flight in Docket. A copy of it may be obtained by maneuvering that may exacerbate control freezing rain, freezing drizzle, or mixed icing contacting the Rules Docket at the difficulties. conditions (supercooled liquid water and ice location provided under the caption • Do not engage the autopilot. crystals) may result in ice build-up on ADDRESSES. • If the autopilot is engaged, hold the protected surfaces exceeding the capability of control wheel firmly and disengage the List of Subjects in 14 CFR Part 39 the ice protection system, or may result in ice autopilot. forming aft of the protected surfaces. This ice Air transportation, Aircraft, Aviation • If an unusual roll response or may not be shed using the ice protection safety, Safety. uncommanded roll control movement is systems, and may seriously degrade the observed, reduce the angle-of-attack. performance and controllability of the The Proposed Amendment • Do not extend flaps when holding in airplane. icing conditions. Operation with flaps Accordingly, pursuant to the • During flight, severe icing conditions extended can result in a reduced wing angle- authority delegated to me by the that exceed those for which the airplane is of-attack, with the possibility of ice forming Administrator, the Federal Aviation certificated shall be determined by the on the upper surface further aft on the wing Administration proposes to amend part following visual cues. If one or more of these than normal, possibly aft of the protected visual cues exists, immediately request 39 of the Federal Aviation Regulations area. priority handling from Air Traffic Control to (14 CFR part 39) as follows: • If the flaps are extended, do not retract facilitate a route or an altitude change to exit them until the airframe is clear of ice. the icing conditions. PART 39ÐAIRWORTHINESS • Report these weather conditions to Air DIRECTIVES —Unusually extensive ice accumulation on Traffic Control.’’ the airframe and windshield in areas not 1. The authority citation for part 39 (b) Incorporating the AFM revisions, as normally observed to collect ice. required by this AD, may be performed by continues to read as follows: —Accumulation of ice on the lower surface the owner/operator holding at least a private Authority: 49 USC 106(g), 40113, 44701. of the wing aft of the protected area. pilot certificate as authorized by section 43.7 —Accumulation of ice on the engine nacelles of the Federal Aviation Regulations (14 CFR §39.13 [Amended] and propeller spinners farther aft than 43.7), and must be entered into the aircraft 2. Section 39.13 is amended by normally observed. records showing compliance with this AD in adding a new airworthiness directive • Since the autopilot, when installed and accordance with section 43.11 of the Federal (AD) to read as follows: operating, may mask tactile cues that indicate Aviation Regulations (14 CFR 43.11). adverse changes in handling characteristics, (c) Special flight permits may be issued in Partenavia Costruzioni Aeronauticas, S.p.A.: use of the autopilot is prohibited when any accordance with §§ 21.197 and 21.199 of the Docket No. 97–CE–51–AD. of the visual cues specified above exist, or Federal Aviation Regulations (14 CFR 21.197 Applicability: Models P68, AP68TP 300, when unusual lateral trim requirements or and 21.199) to operate the airplane to a AP68TP 600 airplanes (all serial numbers), autopilot trim warnings are encountered location where the requirements of this AD certificated in any category. while the airplane is in icing conditions. can be accomplished. Note 1: This AD applies to each airplane • All wing icing inspection lights must be (d) An alternative method of compliance or identified in the preceding applicability operative prior to flight into known or adjustment of the compliance time that 48528 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules provides an acceptable level of safety may be proposed AD are intended to minimize Availability of NPRMs used if approved by the Manager, Small the potential hazards associated with Airplane Directorate, FAA, 1201 Walnut, operating these airplanes in severe icing Any person may obtain a copy of this suite 900, Kansas City, Missouri 64106. The conditions by providing more clearly NPRM by submitting a request to the request shall be forwarded through an FAA, Central Region, Office of the appropriate FAA Maintenance Inspector, defined procedures and limitations associated with such conditions. Assistant Chief Counsel, Attention: who may add comments and then send it to Rules Docket No. 97–CE–63–AD, Room the Manager, Small Airplane Directorate. DATES: Comments must be received on 1558, 601 E. 12th Street, Kansas City, Note 3: Information concerning the or before October 14, 1997. Missouri 64106. existence of approved alternative methods of ADDRESSES: Submit comments in compliance with this AD, if any, may be Discussion obtained from the Small Airplane triplicate to the Federal Aviation Directorate. Administration (FAA), Central Region, In October 1994, a transport category (e) All persons affected by this directive Office of the Assistant Chief Counsel, airplane was involved in an accident in may examine information related to this AD Attention: Rules Docket No. 97–CE–63– which severe icing conditions (believed at the FAA, Central Region, Office of the AD, Room 1558, 601 E. 12th Street, to be composed of freezing drizzle or Assistant Chief Counsel, Room 1558, 601 E. Kansas City, Missouri 64106. Comments supercooled large droplets (SLD)) were 12th Street, Kansas City, Missouri 64106. may be inspected at this location reported in the area. Loss of control of Issued in Kansas City, Missouri, on between 8 a.m. and 4 p.m., Monday the airplane may have occurred because September 9, 1997. through Friday, holidays excepted. ice accretion on the upper surface of the James E. Jackson, This information also may be wing aft of the area protected by the ice Acting Manager, Small Airplane Directorate, examined at the Rules Docket at the protection system caused airflow Aircraft Certification Service. address above. separation, which resulted in the [FR Doc. 97–24487 Filed 9–15–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. ailerons being forced to a right-wing- BILLING CODE 4910±13±U John P. Dow, Sr., Aerospace Engineer, down control position. There also is Small Airplane Directorate, Aircraft concern that the autopilot, which was Certification Service, 1201 Walnut, suite engaged, may have masked the unusual DEPARTMENT OF TRANSPORTATION 900, Kansas City, Missouri 64106, control forces generated by the ice telephone (816) 426–6932, facsimile accumulation. These conditions, if not Federal Aviation Administration (816) 426–2169. corrected, could result in a roll upset from which the flight crew may be 14 CFR Part 39 SUPPLEMENTARY INFORMATION: unable to recover. [Docket No. 97±CE±63±AD] Comments Invited The atmospheric conditions (freezing RIN 2120±AA64 Interested persons are invited to drizzle or SLD conditions) that may participate in the making of the have contributed to the accident are Airworthiness Directives; Cessna proposed rule by submitting such outside the icing envelope specified in Aircraft Company Models T303, 310R, written data, views, or arguments as Appendix C of part 25 of the Federal T310R, 335, 340A, 402B, 402C, 404, they may desire. Communications Aviation Regulations (14 CFR part 25) F406, 414, 414A, 421B, 421C, 425, and should identify the Rules Docket for certification of the airplane. Such 441 Airplanes number and be submitted in triplicate to icing conditions are not defined in Appendix C, and the FAA has not AGENCY: the address specified above. All Federal Aviation required that airplanes be shown to be Administration, DOT. communications received on or before the closing date for comments, specified capable of operating safely in those ACTION: Notice of proposed rulemaking icing conditions. (NPRM). above, will be considered before taking action on the proposed rule. The The FAA finds that flight crews are SUMMARY: This document proposes to proposals contained in this notice may not currently provided with adequate adopt a new airworthiness directive be changed in light of the comments information necessary to determine (AD) that would apply to Cessna received. when the airplane is operating in icing Aircraft Company (Cessna) Models Comments are specifically invited on conditions for which the airplane is not T303, 310R, T310R, 335, 340A, 402B, the overall regulatory, economic, certificated or what action to take when 402C, 404, F406, 414, 414A, 421B, 421C, environmental, and energy aspects of such conditions are encountered. 425, and 441 airplanes. This proposal the proposed rule. All comments Therefore, the FAA has determined that would require revising the FAA- submitted will be available, both before flight crews must be provided with such approved Airplane Flight Manual and after the closing date for comments, information and must be made aware of (AFM) to specify procedures that would in the Rules Docket for examination by certain visual cues that may indicate the prohibit flight in severe icing conditions interested persons. A report that airplane is operating in atmospheric (as determined by certain visual cues), summarizes each FAA-public contact conditions that are outside the icing limit or prohibit the use of various flight concerned with the substance of this envelope. control devices while in severe icing proposal will be filed in the Rules Since such information is not conditions, and provide the flight crew Docket. available to flight crews, and no with recognition cues for, and Commenters wishing the FAA to airplane is certificated for operation in procedures for exiting from, severe icing acknowledge receipt of their comments severe icing conditions, such as freezing conditions. The proposed AD is submitted in response to this notice drizzle or SLD conditions, the FAA prompted by the results of a review of must submit a self-addressed, stamped finds that the potentially unsafe the requirements for certification of postcard on which the following condition (described previously as these airplanes in icing conditions, new statement is made: ‘‘Comments to control difficulties following operation information on the icing environment, Docket No. 97–CE–63–AD.’’ The of the airplane in icing conditions and icing data provided currently to the postcard will be date stamped and outside the icing envelope) is not flight crew. The actions specified by the returned to the commenter. limited to airplanes having the same Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48529 type design as that of the accident pneumatic de-icing boots. These passenger service. The FAA issued the airplane. airplanes were addressed first because following airworthiness directives The FAA recognizes that the flight the flight crew of an airplane having an (AD’s) that addressed airplanes that met crew of any airplane that is certificated unpowered roll control system must these criteria. These AD’s identified for flight in icing conditions may not rely solely on physical strength to visual cues for recognizing severe icing have adequate information concerning counteract roll control anomalies, conditions, procedures for exiting these icing conditions outside the icing whereas a roll control anomaly that conditions, and prohibitions on the use envelope. However, in 1996, the FAA occurs on an airplane having a powered of various flight control devices. These found that the specified unsafe roll control system need not be offset AD’s consisted of the following airplane condition must be addressed as a higher directly by the flight crew. The FAA models. priority on airplanes equipped with also placed a priority on airplanes that unpowered roll control systems and are used in regularly scheduled

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3-SHERPA Series ...... 61 FR 2151. 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD. Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD. Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 97±CE±51±AD. Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD. Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD. Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD. SOCATA-Groupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD. Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD. Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD. F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD. 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD. The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD. The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, A±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD. 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD. Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, 97±CE±63±AD. and 441. SIAI±Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD. Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD. Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD. Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD. McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD. Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD. Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD. Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD. 48530 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Airplane models Docket No.

Lockheed Models ...... 97±NM±177±AD.

The FAA’s Determination Cost Impact regulatory evaluation prepared for this Following examination of all relevant The FAA estimates that 4,344 action has been placed in the Rules information, the FAA has determined airplanes in the U.S. registry would be Docket. A copy of it may be obtained by that certain limitations and procedures affected by the proposed AD, that it contacting the Rules Docket at the should be included in the FAA- would take approximately 1 workhour location provided under the caption approved Airplane Flight Manual per airplane to accomplish the proposed ADDRESSES. (AFM) for the affected airplanes as action, and that the average labor rate is List of Subjects in 14 CFR Part 39 follows: approximately $60 an hour. Since an Air transportation, Aircraft, Aviation • All Cessna Models T303, 310R, owner/operator who holds at least a safety, Safety. T310R, 335, 340A, 402B, 402C, 404, private pilot’s certificate as authorized F406, 414, 414A, 421B, 421C, 425, and by sections 43.7 and 43.11 of the The Proposed Amendment 441 airplanes must be prohibited from Federal Aviation Regulations (14 CFR Accordingly, pursuant to the flight in severe icing conditions (as 47.7 and 43.11) can accomplish the authority delegated to me by the determined by certain visual cues), and proposed action, the only cost impact Administrator, the Federal Aviation • Flight crews must be provided with upon the public is the time it would Administration proposes to amend part information that would minimize the take the affected airplane owners/ potential hazards associated with 39 of the Federal Aviation Regulations operators to incorporate the proposed (14 CFR part 39) as follows: operating the airplane in severe icing AFM revisions. conditions. The cost impact figure discussed PART 39ÐAIRWORTHINESS The FAA has determined that such above is based on assumptions that no DIRECTIVES limitations and procedures currently are operator has yet accomplished any of not defined adequately in the AFM for the proposed requirements of this AD 1. The authority citation for part 39 these airplanes. action, and that no operator would continues to read as follows: Explanation of the Provisions of the accomplish those actions in the future if Authority: 49 USC 106(g), 40113, 44701. this AD were not adopted. Proposed AD § 39.13 [Amended] In addition, the FAA recognizes that Since an unsafe condition has been the proposed action may impose 2. Section 39.13 is amended by identified in which an unrecoverable operational costs. However, these costs adding a new airworthiness directive roll upset may occur, as a result of are incalculable because the frequency (AD) to read as follows: exposure to severe icing conditions that of occurrence of the specified Cessna Aircraft Company (Cessna): Docket are outside the icing limits for which No. 97–CE–63–AD. the airplanes were certificated, the conditions and the associated additional Applicability: Models T303, 310R, T310R, proposed AD would require revising the flight time cannot be determined. Nevertheless, because of the severity of 335, 340A, 402B, 402C, 404, F406, 414, 414A, Limitations Section of the FAA- 421B, 421C, 425, and 441 airplanes (all serial approved AFM to specify procedures the unsafe condition, the FAA has determined that continued operational numbers), certificated in any category. that would: Note 1: This AD applies to each airplane • require flight crews to immediately safety necessitates the imposition of the costs. identified in the preceding applicability request priority handling from Air provision, regardless of whether it has been Traffic Control to exit severe icing Regulatory Impact modified, altered, or repaired in the area conditions (as determined by certain subject to the requirements of this AD. For visual cues); The regulations proposed herein airplanes that have been modified, altered, or • prohibit use of the autopilot when would not have substantial direct effects repaired so that the performance of the ice is formed aft of the protected on the States, on the relationship requirements of this AD is affected, the surfaces of the wing, or when an between the national government and owner/operator must request approval for an the States, or on the distribution of alternative method of compliance in unusual lateral trim condition exists; accordance with paragraph (d) of this AD. and power and responsibilities among the • various levels of government. Therefore, The request should include an assessment of require that all icing wing the effect of the modification, alteration, or inspection lights be operative prior to in accordance with Executive Order repair on the unsafe condition addressed by flight into known or forecast icing 12612, it is determined that this this AD; and, if the unsafe condition has not conditions at night. proposal would not have sufficient been eliminated, the request should include This proposed AD would also require federalism implications to warrant the specific proposed actions to address it. revising the Normal Procedures Section preparation of a Federalism Assessment. Compliance: Required as indicated, unless of the FAA-approved AFM to specify For the reasons discussed above, I already accomplished. procedures that would: certify that this action (1) is not a To minimize the potential hazards • limit the use of the flaps and ‘‘significant regulatory action’’ under associated with operating the airplane in prohibit the use of the autopilot when Executive Order 12866; (2) is not a severe icing conditions by providing more ice is observed forming aft of the ‘‘significant rule’’ under DOT clearly defined procedures and limitations Regulatory Policies and Procedures (44 associated with such conditions, accomplish protected surfaces of the wing, or if the following: unusual lateral trim requirements or FR 11034, February 26, 1979); and (3) if (a) Within 30 days after the effective date autopilot trim warnings are promulgated, will not have a significant of this AD, accomplish the requirements of encountered; and economic impact, positive or negative, paragraphs (a)(1) and (a)(2) of this AD. • provide the flight crew with on a substantial number of small entities Note 2: Operators should initiate action to recognition cues for, and procedures for under the criteria of the Regulatory notify and ensure that flight crewmembers exiting from, severe icing conditions. Flexibility Act. A copy of the draft are apprised of this change. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48531

(1) Revise the FAA-approved Airplane conditions are observed, accomplish the DEPARTMENT OF TRANSPORTATION Flight Manual (AFM) by incorporating the following: following into the Limitations Section of the • Immediately request priority handling Federal Aviation Administration AFM. This may be accomplished by inserting from Air Traffic Control to facilitate a route a copy of this AD in the AFM. or an altitude change to exit the severe icing 14 CFR Part 39 ‘‘WARNING conditions in order to avoid extended exposure to flight conditions more severe [Docket No. 97±CE±59±AD] Severe icing may result from than those for which the airplane has been environmental conditions outside of those for RIN 2120±AA64 certificated. which the airplane is certificated. Flight in • Avoid abrupt and excessive freezing rain, freezing drizzle, or mixed icing Airworthiness Directives; Raytheon conditions (supercooled liquid water and ice maneuvering that may exacerbate control Aircraft Company Model 2000 difficulties. Airplanes Formerly Known as Beech crystals) may result in ice build-up on • protected surfaces exceeding the capability of Do not engage the autopilot. Aircraft Corporation Model 2000 • the ice protection system, or may result in ice If the autopilot is engaged, hold the Airplanes forming aft of the protected surfaces. This ice control wheel firmly and disengage the may not be shed using the ice protection autopilot. AGENCY: Federal Aviation systems, and may seriously degrade the • If an unusual roll response or Administration, DOT. performance and controllability of the uncommanded roll control movement is ACTION: Notice of proposed rulemaking airplane. observed, reduce the angle-of-attack. (NPRM). • During flight, severe icing conditions • Do not extend flaps when holding in that exceed those for which the airplane is icing conditions. Operation with flaps SUMMARY: This document proposes to certificated shall be determined by the extended can result in a reduced wing angle- adopt a new airworthiness directive following visual cues. If one or more of these of-attack, with the possibility of ice forming visual cues exists, immediately request (AD) that would apply to Raytheon on the upper surface further aft on the wing Aircraft Company (Raytheon) Models priority handling from Air Traffic Control to than normal, possibly aft of the protected facilitate a route or an altitude change to exit area. 2000 airplanes (formerly known as the icing conditions. • If the flaps are extended, do not retract Beech Aircraft Corporation Model 2000 —Unusually extensive ice accumulation on them until the airframe is clear of ice. airplanes). This proposal would require the airframe and windshield in areas not • Report these weather conditions to ‘‘Air revising the FAA-approved Airplane normally observed to collect ice. Traffic Control.’’ Flight Manual (AFM) to specify —Accumulation of ice on the upper surface (b) Incorporating the AFM revisions, as procedures that would prohibit flight in of the wing, aft of the protected area. required by this AD, may be performed by severe icing conditions (as determined —Accumulation of ice on the engine nacelles the owner/operator holding at least a private by certain visual cues), limit or prohibit and propeller spinners farther aft than pilot certificate as authorized by section 43.7 the use of various flight control devices normally observed. of the Federal Aviation Regulations (14 CFR • while in severe icing conditions, and Since the autopilot, when installed and 43.7), and must be entered into the aircraft provide the flight crew with recognition operating, may mask tactile cues that indicate records showing compliance with this AD in adverse changes in handling characteristics, cues for, and procedures for exiting accordance with section 43.11 of the Federal from, severe icing conditions. The use of the autopilot is prohibited when any Aviation Regulations (14 CFR 43.11). of the visual cues specified above exist, or (c) Special flight permits may be issued in proposed AD is prompted by the results when unusual lateral trim requirements or accordance with sections 21.197 and 21.199 of a review of the requirements for autopilot trim warnings are encountered of the Federal Aviation Regulations (14 CFR certification of these airplanes in icing while the airplane is in severe icing 21.197 and 21.199) to operate the airplane to conditions, new information on the conditions. a location where the requirements of this AD icing environment, and icing data • All wing icing inspection lights must be can be accomplished. provided currently to the flight crew. operative prior to flight into icing conditions (d) An alternative method of compliance or The actions specified by the proposed at night. [NOTE: This supersedes any relief adjustment of the compliance time that provided by the Master Minimum Equipment AD are intended to minimize the List (MMEL).]’’ provides an acceptable level of safety may be potential hazards associated with (2) Revise the FAA-approved AFM by used if approved by the Manager, Small operating these airplanes in severe icing incorporating the following into the Normal Airplane Directorate, FAA, 1201 Walnut, conditions by providing more clearly Procedures Section of the AFM. This may be suite 900, Kansas City, Missouri 64106. The defined procedures and limitations accomplished by inserting a copy of this AD request shall be forwarded through an associated with such conditions. in the AFM. appropriate FAA Maintenance Inspector, who may add comments and then send it to DATES: Comments must be received on ‘‘THE FOLLOWING WEATHER the Manager, Small Airplane Directorate. or before October 14, 1997. CONDITIONS MAY BE CONDUCIVE TO Note 3: Information concerning the ADDRESSES: Submit comments in SEVERE IN-FLIGHT ICING: existence of approved alternative methods of triplicate to the Federal Aviation • Visible rain at temperatures below 0 compliance with this AD, if any, may be Administration (FAA), Central Region, degrees Celsius ambient air temperature. obtained from the Small Airplane • Office of the Assistant Chief Counsel, Droplets that splash or splatter on impact Directorate. Attention: Rules Docket No. 97-CE–59- at temperatures below 0 degrees Celsius ambient air temperature. (e) All persons affected by this directive AD, Room 1558, 601 E. 12th Street, may examine information related to this AD Kansas City, Missouri 64106. Comments PROCEDURES FOR EXITING THE SEVERE at the FAA, Central Region, Office of the may be inspected at this location ICING ENVIRONMENT: Assistant Chief Counsel, Room 1558, 601 E. between 8 a.m. and 4 p.m., Monday These procedures are applicable to all 12th Street, Kansas City, Missouri 64106. through Friday, holidays excepted. flight phases from takeoff to landing. Monitor Issued in Kansas City, Missouri, on This information also may be the ambient air temperature. While severe September 9, 1997. examined at the Rules Docket at the icing may form at temperatures as cold as James E. Jackson, address above. ¥18 degrees Celsius, increased vigilance is Acting Manager, Small Airplane Directorate, warranted at temperatures around freezing FOR FURTHER INFORMATION CONTACT: Mr. Aircraft Certification Service. with visible moisture present. If the visual John P. Dow, Sr., Aerospace Engineer, cues specified in the Limitations Section of [FR Doc. 97–24492 Filed 9–15–97; 8:45 am] Small Airplane Directorate, Aircraft the AFM for identifying severe icing BILLING CODE 4910±13±U Certification Service, 1201 Walnut, suite 48532 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

900, Kansas City, Missouri 64106, Rules Docket No. 97-CE–59-AD, Room airplane is operating in atmospheric telephone (816) 426–6932, facsimile 1558, 601 E. 12th Street, Kansas City, conditions that are outside the icing (816) 426–2169. Missouri 64106. envelope. Since such information is not SUPPLEMENTARY INFORMATION: Discussion available to flight crews, and no Comments Invited In October 1994, a transport category airplane is certificated for operation in Interested persons are invited to airplane was involved in an accident in severe icing conditions, such as freezing participate in the making of the which severe icing conditions (believed drizzle or SLD conditions, the FAA proposed rule by submitting such to be composed of freezing drizzle or finds that the potentially unsafe written data, views, or arguments as supercooled large droplets (SLD)) were condition (described previously as they may desire. Communications reported in the area. Loss of control of control difficulties following operation should identify the Rules Docket the airplane may have occurred because of the airplane in icing conditions number and be submitted in triplicate to ice accretion on the upper surface of the outside the icing envelope) is not the address specified above. All wing aft of the area protected by the ice limited to airplanes having the same communications received on or before protection system caused airflow type design as that of the accident the closing date for comments, specified separation, which resulted in the airplane. above, will be considered before taking ailerons being forced to a right-wing- The FAA recognizes that the flight action on the proposed rule. The down control position. There also is crew of any airplane that is certificated proposals contained in this notice may concern that the autopilot, which was for flight in icing conditions may not be changed in light of the comments engaged, may have masked the unusual have adequate information concerning received. control forces generated by the ice icing conditions outside the icing Comments are specifically invited on accumulation. These conditions, if not envelope. However, in 1996, the FAA the overall regulatory, economic, corrected, could result in a roll upset found that the specified unsafe environmental, and energy aspects of from which the flight crew may be condition must be addressed as a higher the proposed rule. All comments unable to recover. priority on airplanes equipped with submitted will be available, both before The atmospheric conditions (freezing unpowered roll control systems and and after the closing date for comments, drizzle or SLD conditions) that may pneumatic de-icing boots. These in the Rules Docket for examination by have contributed to the accident are airplanes were addressed first because interested persons. A report that outside the icing envelope specified in the flight crew of an airplane having an summarizes each FAA-public contact Appendix C of part 25 of the Federal unpowered roll control system must concerned with the substance of this Aviation Regulations (14 CFR part 25) rely solely on physical strength to proposal will be filed in the Rules for certification of the airplane. Such counteract roll control anomalies, Docket. icing conditions are not defined in whereas a roll control anomaly that Commenters wishing the FAA to Appendix C, and the FAA has not occurs on an airplane having a powered acknowledge receipt of their comments required that airplanes be shown to be roll control system need not be offset submitted in response to this notice capable of operating safely in those directly by the flight crew. The FAA must submit a self-addressed, stamped icing conditions. also placed a priority on airplanes that postcard on which the following The FAA finds that flight crews are are used in regularly scheduled statement is made: ‘‘Comments to not currently provided with adequate passenger service. The FAA issued the Docket No. 97-CE–59-AD.’’ The postcard information necessary to determine following airworthiness directives will be date stamped and returned to the when the airplane is operating in icing (AD’s) that addressed airplanes that met commenter. conditions for which the airplane is not these criteria. These AD’s identified certificated or what action to take when visual cues for recognizing severe icing Availability of NPRMs such conditions are encountered. conditions, procedures for exiting these Any person may obtain a copy of this Therefore, the FAA has determined that conditions, and prohibitions on the use NPRM by submitting a request to the flight crews must be provided with such of various flight control devices. These FAA, Central Region, Office of the information and must be made aware of AD’s consisted of the following airplane Assistant Chief Counsel, Attention: certain visual cues that may indicate the models.

Docket No. Manufacturer/airplane model FEDERAL REG- ISTER citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3-SHERPA Series ...... 61 FR 2151. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48533

Docket No. Manufacturer/airplane model FEDERAL REG- ISTER citation

95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD. Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD. Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD. Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD. Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD. Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD. SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD. Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD. Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD. F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD. 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD. The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD. The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, 97±CE±61±AD. PA±31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD. Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, 97±CE±63±AD. and 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD. Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD. Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD. Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD. McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD. Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD. Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD. Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD. Lockheed Models ...... 97±NM±177±AD.

The FAA’s Determination Explanation of the Provisions of the flight into known or forecast icing Proposed AD conditions at night. Following examination of all relevant This proposed AD would also require information, the FAA has determined Since an unsafe condition has been identified in which an unrecoverable revising the Normal Procedures Section that certain limitations and procedures of the FAA-approved AFM to specify should be included in the FAA- roll upset may occur, as a result of exposure to severe icing conditions that procedures that would: approved Airplane Flight Manual are outside the icing limits for which • limit the use of the flaps and (AFM) for the affected airplanes as the airplanes were certificated, the prohibit the use of the autopilot when follows: proposed AD would require revising the ice is observed forming aft of the • All Raytheon Model 2000 airplanes Limitations Section of the FAA- protected surfaces of the wing, or if must be prohibited from flight in severe approved AFM to specify procedures unusual lateral trim requirements or icing conditions (as determined by that would: autopilot trim warnings are certain visual cues), and • require flight crews to immediately encountered; and • • Flight crews must be provided with request priority handling from Air provide the flight crew with information that would minimize the Traffic Control to exit severe icing recognition cues for, and procedures for exiting from, severe icing conditions. potential hazards associated with conditions (as determined by certain visual cues) operating the airplane in severe icing Cost Impact • prohibit use of the autopilot when conditions. ice is formed aft of the protected The FAA estimates that 51 airplanes The FAA has determined that such surfaces of the wing, or when an in the U.S. registry would be affected by limitations and procedures currently are unusual lateral trim condition exists; the proposed AD, that it would take not defined adequately in the AFM for and approximately 1 workhour per airplane these airplanes. • require that all icing wing to accomplish the proposed action, and inspection lights be operative prior to that the average labor rate is 48534 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules approximately $60 an hour. Since an The Proposed Amendment systems, and may seriously degrade the performance and controllability of the owner/operator who holds at least a Accordingly, pursuant to the private pilot’s certificate as authorized airplane. During flight, severe icing authority delegated to me by the conditions that exceed those for which the by sections 43.7 and 43.11 of the Administrator, the Federal Aviation airplane is certificated shall be determined Federal Aviation Regulations (14 CFR Administration proposes to amend part by the following visual cues. If one or more 47.7 and 43.11) can accomplish the 39 of the Federal Aviation Regulations of these visual cues exists, immediately proposed action, the only cost impact (14 CFR part 39) as follows: request priority handling from Air Traffic upon the public is the time it would Control to facilitate a route or an altitude take the affected airplane owners/ PART 39ÐAIRWORTHINESS change to exit the icing conditions. operators to incorporate the proposed DIRECTIVES —Unusually extensive ice accumulation on AFM revisions. the airframe and windshield in areas not 1. The authority citation for part 39 normally observed to collect ice. The cost impact figure discussed continues to read as follows: —Accumulation of ice on the upper surface above is based on assumptions that no Authority: 49 USC 106(g), 40113, 44701. of the wing, aft of the protected area. operator has yet accomplished any of • Since the autopilot, when installed and the proposed requirements of this AD § 39.13 [Amended] operating, may mask tactile cues that indicate action, and that no operator would 2. Section 39.13 is amended by adverse changes in handling characteristics, accomplish those actions in the future if adding a new airworthiness directive use of the autopilot is prohibited when any this AD were not adopted. (AD) to read as follows: of the visual cues specified above exist, or when unusual lateral trim requirements or In addition, the FAA recognizes that Raytheon Aircraft Company (Raytheon): autopilot trim warnings are encountered the proposed action may impose Docket No. 97–CE–59–AD. while the airplane is in icing conditions. operational costs. However, these costs Applicability: Model 2000 airplanes (all • All wing icing inspection lights must be are incalculable because the frequency serial numbers), (formerly known as Beech operative prior to flight into known or of occurrence of the specified Aircraft Corporation Model 2000 airplanes), forecast icing conditions at night. [NOTE: This supersedes any relief provided by the conditions and the associated additional certificated in any category. Note 1: This AD applies to each airplane Master Minimum Equipment List (MMEL).]’’ flight time cannot be determined. (2) Revise the FAA-approved AFM by Nevertheless, because of the severity of identified in the preceding applicability provision, regardless of whether it has been incorporating the following into the Normal the unsafe condition, the FAA has modified, altered, or repaired in the area Procedures Section of the AFM. This may be determined that continued operational subject to the requirements of this AD. For accomplished by inserting a copy of this AD safety necessitates the imposition of the airplanes that have been modified, altered, or in the AFM. costs. repaired so that the performance of the ‘‘THE FOLLOWING WEATHER requirements of this AD is affected, the CONDITIONS MAY BE CONDUCIVE TO Regulatory Impact owner/operator must request approval for an SEVERE IN-FLIGHT ICING: alternative method of compliance in • Visible rain at temperatures below 0 The regulations proposed herein accordance with paragraph (d) of this AD. degrees Celsius ambient air temperature. would not have substantial direct effects The request should include an assessment of • Droplets that splash or splatter on impact on the States, on the relationship the effect of the modification, alteration, or at temperatures below 0 degrees Celsius repair on the unsafe condition addressed by between the national government and ambient air temperature. the States, or on the distribution of this AD; and, if the unsafe condition has not power and responsibilities among the been eliminated, the request should include PROCEDURES FOR EXITING THE SEVERE various levels of government. Therefore, specific proposed actions to address it. ICING ENVIRONMENT: in accordance with Executive Order Compliance: Required as indicated, unless These procedures are applicable to all already accomplished. flight phases from takeoff to landing. Monitor 12612, it is determined that this To minimize the potential hazards proposal would not have sufficient the ambient air temperature. While severe associated with operating the airplane in icing may form at temperatures as cold as federalism implications to warrant the severe icing conditions by providing more ¥18 degrees Celsius, increased vigilance is preparation of a Federalism Assessment. clearly defined procedures and limitations warranted at temperatures around freezing For the reasons discussed above, I associated with such conditions, accomplish with visible moisture present. If the visual the following: certify that this action (1) is not a cues specified in the Limitations Section of (a) Within 30 days after the effective date the AFM for identifying severe icing ‘‘significant regulatory action’’ under of this AD, accomplish the requirements of Executive Order 12866; (2) is not a conditions are observed, accomplish the paragraphs (a)(1) and (a)(2) of this AD. following: ‘‘significant rule’’ under DOT Note 2: Operators should initiate action to • Immediately request priority handling Regulatory Policies and Procedures (44 notify and ensure that flight crewmembers from Air Traffic Control to facilitate a route FR 11034, February 26, 1979); and (3) if are apprised of this change. or an altitude change to exit the severe icing promulgated, will not have a significant (1) Revise the FAA-approved Airplane conditions in order to avoid extended economic impact, positive or negative, Flight Manual (AFM) by incorporating the exposure to flight conditions more severe on a substantial number of small entities following into the Limitations Section of the than those for which the airplane has been AFM. This may be accomplished by inserting certificated. under the criteria of the Regulatory • Flexibility Act. A copy of the draft a copy of this AD in the AFM. Avoid abrupt and excessive maneuvering that may exacerbate control regulatory evaluation prepared for this ‘‘WARNING difficulties. action has been placed in the Rules Severe icing may result from • Do not engage the autopilot. Docket. A copy of it may be obtained by environmental conditions outside of those for • If the autopilot is engaged, hold the contacting the Rules Docket at the which the airplane is certificated. Flight in control wheel firmly and disengage the location provided under the caption freezing rain, freezing drizzle, or mixed icing autopilot. • ADDRESSES. conditions (supercooled liquid water and ice If an unusual roll response or crystals) may result in ice build-up on uncommanded roll control movement is List of Subjects in 14 CFR Part 39 protected surfaces exceeding the capability of observed, reduce the angle-of-attack. the ice protection system, or may result in ice • Do not extend flaps when holding in Air transportation, Aircraft, Aviation forming aft of the protected surfaces. This ice icing conditions. Operation with flaps safety, Safety. may not be shed using the ice protection extended can result in a reduced wing angle- Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48535 of-attack, with the possibility of ice forming Company (Cessna) Models 210N, the proposed rule. All comments on the upper surface further aft on the wing P210N, P210R, and 337 series airplanes. submitted will be available, both before than normal, possibly aft of the protected This proposal would require revising and after the closing date for comments, area. • the FAA-approved Airplane Flight in the Rules Docket for examination by If the flaps are extended, do not retract Manual (AFM) to specify procedures interested persons. A report that them until the airframe is clear of ice. • Report these weather conditions to Air that would prohibit flight in severe icing summarizes each FAA-public contact Traffic Control.’’ conditions (as determined by certain concerned with the substance of this (b) Incorporating the AFM revisions, as visual cues), limit or prohibit the use of proposal will be filed in the Rules required by this AD, may be performed by various flight control devices while in Docket. the owner/operator holding at least a private severe icing conditions, and provide the Commenters wishing the FAA to pilot certificate as authorized by § 43.7 of the flight crew with recognition cues for, acknowledge receipt of their comments Federal Aviation Regulations (14 CFR 43.7), and procedures for exiting from, severe submitted in response to this notice and must be entered into the aircraft records icing conditions. The proposed AD is must submit a self-addressed, stamped showing compliance with this AD in prompted by the results of a review of postcard on which the following accordance with § 43.11 of the Federal the requirements for certification of statement is made: ‘‘Comments to Aviation Regulations (14 CFR 43.11). (c) Special flight permits may be issued in these airplanes in icing conditions, new Docket No. 97–CE–63–AD.’’ The accordance with §§ 21.197 and 21.199 of the information on the icing environment, postcard will be date stamped and Federal Aviation Regulations (14 CFR 21.197 and icing data provided currently to the returned to the commenter. and 21.199) to operate the airplane to a flight crew. The actions specified by the Availability of NPRMs location where the requirements of this AD proposed AD are intended to minimize can be accomplished. the potential hazards associated with Any person may obtain a copy of this (d) An alternative method of compliance or operating these airplanes in severe icing NPRM by submitting a request to the adjustment of the compliance time that conditions by providing more clearly FAA, Central Region, Office of the provides an acceptable level of safety may be defined procedures and limitations Assistant Chief Counsel, Attention: used if approved by the Manager, Small Rules Docket No. 97–CE–63–AD, Room Airplane Directorate, FAA, 1201 Walnut, associated with such conditions. DATES: Comments must be received on 1558, 601 E. 12th Street, Kansas City, suite 900, Kansas City, Missouri 64106. The Missouri 64106. request shall be forwarded through an or before October 14, 1997. appropriate FAA Maintenance Inspector, ADDRESSES: Submit comments in Discussion who may add comments and then send it to triplicate to the Federal Aviation the Manager, Small Airplane Directorate. In October 1994, a transport category Administration (FAA), Central Region, airplane was involved in an accident in Note 3: Information concerning the Office of the Assistant Chief Counsel, existence of approved alternative methods of which severe icing conditions (believed Attention: Rules Docket No. 97–CE–63– to be composed of freezing drizzle or compliance with this AD, if any, may be AD, Room 1558, 601 E. 12th Street, obtained from the Small Airplane supercooled large droplets (SLD)) were Directorate. Kansas City, Missouri 64106. Comments reported in the area. Loss of control of may be inspected at this location (e) All persons affected by this directive the airplane may have occurred because may examine information related to this AD between 8 a.m. and 4 p.m., Monday ice accretion on the upper surface of the at the FAA, Central Region, Office of the through Friday, holidays excepted. wing aft of the area protected by the ice Assistant Chief Counsel, Room 1558, 601 E. This information also may be protection system caused airflow 12th Street, Kansas City, Missouri 64106. examined at the Rules Docket at the separation, which resulted in the Issued in Kansas City, Missouri, on address above. ailerons being forced to a right-wing- September 9, 1997. FOR FURTHER INFORMATION CONTACT: Mr. down control position. There also is James E. Jackson, John P. Dow, Sr., Aerospace Engineer, concern that the autopilot, which was Acting Manager, Small Airplane Directorate, Small Airplane Directorate, Aircraft engaged, may have masked the unusual Aircraft Certification Service. Certification Service, 1201 Walnut, suite control forces generated by the ice [FR Doc. 97–24491 Filed 9–15–97; 8:45 am] 900, Kansas City, Missouri 64106, accumulation. These conditions, if not BILLING CODE 4910±13±U telephone (816) 426–6932, facsimile corrected, could result in a roll upset (816) 426–2169. from which the flight crew may be SUPPLEMENTARY INFORMATION: unable to recover. DEPARTMENT OF TRANSPORTATION The atmospheric conditions (freezing Comments Invited drizzle or SLD conditions) that may Federal Aviation Administration Interested persons are invited to have contributed to the accident are participate in the making of the outside the icing envelope specified in 14 CFR Part 39 proposed rule by submitting such Appendix C of part 25 of the Federal [Docket No. 97±CE±62±AD] written data, views, or arguments as Aviation Regulations (14 CFR part 25) they may desire. Communications for certification of the airplane. Such RIN 2120±AA64 should identify the Rules Docket icing conditions are not defined in Airworthiness Directives; Cessna number and be submitted in triplicate to Appendix C, and the FAA has not Aircraft Company Models 210N, P210N, the address specified above. All required that airplanes be shown to be P210R, and 337 Series Airplanes communications received on or before capable of operating safely in those the closing date for comments, specified icing conditions. AGENCY: Federal Aviation above, will be considered before taking The FAA finds that flight crews are Administration, DOT. action on the proposed rule. The not currently provided with adequate ACTION: Notice of proposed rulemaking proposals contained in this notice may information necessary to determine (NPRM). be changed in light of the comments when the airplane is operating in icing received. conditions for which the airplane is not SUMMARY: This document proposes to Comments are specifically invited on certificated or what action to take when adopt a new airworthiness directive the overall regulatory, economic, such conditions are encountered. (AD) that would apply Cessna Aircraft environmental, and energy aspects of Therefore, the FAA has determined that 48536 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules flight crews must be provided with such type design as that of the accident counteract roll control anomalies, information and must be made aware of airplane. whereas a roll control anomaly that certain visual cues that may indicate the The FAA recognizes that the flight occurs on an airplane having a powered airplane is operating in atmospheric crew of any airplane that is certificated roll control system need not be offset conditions that are outside the icing for flight in icing conditions may not directly by the flight crew. The FAA envelope. have adequate information concerning also placed a priority on airplanes that Since such information is not icing conditions outside the icing are used in regularly scheduled available to flight crews, and no envelope. However, in 1996, the FAA passenger service. The FAA issued the airplane is certificated for operation in found that the specified unsafe following airworthiness directives severe icing conditions, such as freezing condition must be addressed as a higher (AD’s) that addressed airplanes that met drizzle or SLD conditions, the FAA priority on airplanes equipped with these criteria. These AD’s identified finds that the potentially unsafe unpowered roll control systems and visual cues for recognizing severe icing condition (described previously as pneumatic de-icing boots. These conditions, procedures for exiting these control difficulties following operation airplanes were addressed first because conditions, and prohibitions on the use of the airplane in icing conditions the flight crew of an airplane having an of various flight control devices. These outside the icing envelope) is not unpowered roll control system must AD’s consisted of the following airplane limited to airplanes having the same rely solely on physical strength to models.

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3-SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio, S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, 97±CE±61±AD PA±31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48537

Airplane models Docket No.

Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination This proposed AD would also require the States, or on the distribution of Following examination of all relevant revising the Normal Procedures Section power and responsibilities among the information, the FAA has determined of the FAA-approved AFM to specify various levels of government. Therefore, that certain limitations and procedures procedures that would: in accordance with Executive Order • Limit the use of the flaps and should be included in the FAA- 12612, it is determined that this prohibit the use of the autopilot when approved Airplane Flight Manual proposal would not have sufficient ice is observed forming aft of the (AFM) for the affected airplanes as federalism implications to warrant the protected surfaces of the wing, or if follows: preparation of a Federalism Assessment. unusual lateral trim requirements or For the reasons discussed above, I • All Cessna Models T210N, P210N, autopilot trim warnings are certify that this action (1) is not a P210R, and 337 series airplanes must be encountered; and ‘‘significant regulatory action’’ under prohibited from flight in severe icing • Provide the flight crew with Executive Order 12866; (2) is not a conditions (as determined by certain recognition cues for, and procedures for ‘‘significant rule’’ under DOT visual cues), and exiting from, severe icing conditions. Regulatory Policies and Procedures (44 • Flight crews must be provided with FR 11034, February 26, 1979); and (3) if information that would minimize the Cost Impact promulgated, will not have a significant potential hazards associated with The FAA estimates that 1,208 economic impact, positive or negative, operating the airplane in severe icing airplanes in the U.S. registry would be on a substantial number of small entities conditions. affected by the proposed AD, that it under the criteria of the Regulatory The FAA has determined that such would take approximately 1 workhour Flexibility Act. A copy of the draft limitations and procedures currently are per airplane to accomplish the proposed regulatory evaluation prepared for this not defined adequately in the AFM for action, and that the average labor rate is action has been placed in the Rules these airplanes. approximately $60 an hour. Since an Docket. A copy of it may be obtained by These airplane models are owner/operator who holds at least a contacting the Rules Docket at the manufactured in Australia and are type private pilot’s certificate as authorized location provided under the caption certificated for operations in the United by §§ 43.7 and 43.11 of the Federal ADDRESSES. States under the provisions of Section Aviation Regulations (14 CFR 47.7 and 21.29 of the Federal Aviation 43.11) can accomplish the proposed List of Subjects in 14 CFR Part 39 Regulations (14 CFR 21.29) and the action, the only cost impact upon the Air transportation, Aircraft, Aviation applicable bilateral airworthiness public is the time it would take the safety, Safety. agreement. affected airplane owners/operators to The Proposed Amendment Explanation of the Provisions of the incorporate the proposed AFM Proposed AD revisions. Accordingly, pursuant to the The cost impact figure discussed authority delegated to me by the Since an unsafe condition has been above is based on assumptions that no Administrator, the Federal Aviation identified in which an unrecoverable operator has yet accomplished any of Administration proposes to amend part roll upset may occur, as a result of the proposed requirements of this AD 39 of the Federal Aviation Regulations exposure to severe icing conditions that action, and that no operator would (14 CFR part 39) as follows: are outside the icing limits for which accomplish those actions in the future if the airplanes were certificated, the this AD were not adopted. PART 39ÐAIRWORTHINESS proposed AD would require revising the In addition, the FAA recognizes that DIRECTIVES Limitations Section of the FAA- the proposed action may impose approved AFM to specify procedures operational costs. However, these costs 1. The authority citation for part 39 that would: are incalculable because the frequency continues to read as follows: • Require flight crews to immediately of occurrence of the specified Authority: 49 USC 106(g), 40113, 44701. request priority handling from Air conditions and the associated additional Traffic Control to exit severe icing flight time cannot be determined. §39.13 [Amended] conditions (as determined by certain Nevertheless, because of the severity of 2. Section 39.13 is amended by visual cues); the unsafe condition, the FAA has adding a new airworthiness directive • Prohibit use of the autopilot when determined that continued operational (AD) to read as follows: ice is formed aft of the protected safety necessitates the imposition of the surfaces of the wing, or when an Cessna Aircraft Company: Docket No. 97– costs. CE–62–AD. unusual lateral trim condition exists; and Regulatory Impact Applicability: Models T210N (Serial • Number (S/N) 21063641 through 21064897), Require that all icing wing The regulations proposed herein P210N (S/N P21000386 through P21000834), inspection lights be operative prior to would not have substantial direct effects P210R (all serial numbers), and the 337 flight into known or forecast icing on the States, on the relationship Series Airplanes (all serial numbers), conditions at night. between the national government and certificated in any category. 48538 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Note 1: This AD applies to each airplane forecast icing conditions at night. [NOTE: provides an acceptable level of safety may be identified in the preceding applicability This supersedes any relief provided by the used if approved by the Manager, Small provision, regardless of whether it has been Master Minimum Equipment List (MMEL).]’’ Airplane Directorate, FAA, 1201 Walnut, modified, altered, or repaired in the area (2) Revise the FAA-approved AFM by suite 900, Kansas City, Missouri 64106. The subject to the requirements of this AD. For incorporating the following into the Normal request shall be forwarded through an airplanes that have been modified, altered, or Procedures Section of the AFM. This may be appropriate FAA Maintenance Inspector, repaired so that the performance of the accomplished by inserting a copy of this AD who may add comments and then send it to requirements of this AD is affected, the in the AFM. the Manager, Small Airplane Directorate. owner/operator must request approval for an Note 3: Information concerning the alternative method of compliance in ‘‘THE FOLLOWING WEATHER CONDITIONS MAY BE CONDUCIVE TO existence of approved alternative methods of accordance with paragraph (d) of this AD. compliance with this AD, if any, may be SEVERE IN-FLIGHT ICING The request should include an assessment of obtained from the Small Airplane • the effect of the modification, alteration, or Visible rain at temperatures below 0 Directorate. repair on the unsafe condition addressed by degrees Celsius ambient air temperature. (e) All persons affected by this directive this AD; and, if the unsafe condition has not • Droplets that splash or splatter on impact may examine information related to this AD been eliminated, the request should include at temperatures below 0 degrees Celsius at the FAA, Central Region, Office of the specific proposed actions to address it. ambient air temperature. Assistant Chief Counsel, Room 1558, 601 E. Compliance: Required as indicated, unless PROCEDURES FOR EXITING THE SEVERE 12th Street, Kansas City, Missouri 64106. already accomplished. ICING ENVIRONMENT Issued in Kansas City, Missouri, on To minimize the potential hazards associated with operating the airplane in These procedures are applicable to all September 9, 1997. severe icing conditions by providing more flight phases from takeoff to landing. Monitor James E. Jackson, clearly defined procedures and limitations the ambient air temperature. While severe Acting Manager, Small Airplane Directorate, associated with such conditions, accomplish icing may form at temperatures as cold as Aircraft Certification Service. ¥ the following: 18 degrees Celsius, increased vigilance is [FR Doc. 97–24490 Filed 9–15–97; 8:45 am] (a) Within 30 days after the effective date warranted at temperatures around freezing BILLING CODE 4910±13±U of this AD, accomplish the requirements of with visible moisture present. If the visual paragraphs (a)(1) and (a)(2) of this AD. cues specified in the Limitations Section of the AFM for identifying severe icing Note 2: Operators should initiate action to DEPARTMENT OF TRANSPORTATION notify and ensure that flight crewmembers conditions are observed, accomplish the are apprised of this change. following: • Immediately request priority handling Federal Aviation Administration (1) Revise the FAA-approved Airplane from Air Traffic Control to facilitate a route Flight Manual (AFM) by incorporating the or an altitude change to exit the severe icing 14 CFR Part 39 following into the Limitations Section of the conditions in order to avoid extended [Docket No. 97±CE±54±AD] AFM. This may be accomplished by inserting exposure to flight conditions more severe a copy of this AD in the AFM. than those for which the airplane has been RIN 2120±AA64 ‘‘WARNING certificated. • Avoid abrupt and excessive Airworthiness Directives; Pilatus Severe icing may result from maneuvering that may exacerbate control Britten-Norman Limited BN±2A, BN± environmental conditions outside of those for difficulties. which the airplane is certificated. Flight in 2B, and BN±2T Series Airplanes • Do not engage the autopilot. freezing rain, freezing drizzle, or mixed icing • If the autopilot is engaged, hold the AGENCY: Federal Aviation conditions (supercooled liquid water and ice control wheel firmly and disengage the Administration, DOT. crystals) may result in ice build-up on autopilot. protected surfaces exceeding the capability of ACTION: Notice of proposed rulemaking • If an unusual roll response or the ice protection system, or may result in ice (NPRM). uncommanded roll control movement is forming aft of the protected surfaces. This ice observed, reduce the angle-of-attack. may not be shed using the ice protection SUMMARY: This document proposes to • Do not extend flaps when holding in systems, and may seriously degrade the adopt a new airworthiness directive icing conditions. Operation with flaps performance and controllability of the (AD) that would apply to certain Pilatus extended can result in a reduced wing angle- airplane. of-attack, with the possibility of ice forming Britten-Norman Limited BN–2A, BN– • During flight, severe icing conditions on the upper surface further aft on the wing 2B, and BN–2T series airplanes. This that exceed those for which the airplane is than normal, possibly aft of the protected proposal would require revising the certificated shall be determined by the area. FAA-approved Airplane Flight Manual following visual cues. If one or more of these • If the flaps are extended, do not retract (AFM) to specify procedures that would visual cues exists, immediately request them until the airframe is clear of ice. priority handling from Air Traffic Control to prohibit flight in severe icing conditions • Report these weather conditions to Air facilitate a route or an altitude change to exit (as determined by certain visual cues), Traffic Control.’’ the icing conditions. limit or prohibit the use of various flight (b) Incorporating the AFM revisions, as control devices while in severe icing —Unusually extensive ice accumulation on required by this AD, may be performed by the airframe and windshield in areas not the owner/operator holding at least a private conditions, and provide the flight crew normally observed to collect ice. pilot certificate as authorized by § 43.7 of the with recognition cues for, and —Accumulation of ice on the lower surface Federal Aviation Regulations (14 CFR 43.7), procedures for exiting from, severe icing of the wing aft of the protected area. and must be entered into the aircraft records conditions. The proposed AD is • Since the autopilot, when installed and showing compliance with this AD in prompted by the results of a review of operating, may mask tactile cues that indicate accordance with § 43.11 of the Federal the requirements for certification of adverse changes in handling characteristics, Aviation Regulations (14 CFR 43.11). these airplanes in icing conditions, new use of the autopilot is prohibited when any (c) Special flight permits may be issued in information on the icing environment, of the visual cues specified above exist, or accordance with §§ 21.197 and 21.199 of the and icing data provided currently to the when unusual lateral trim requirements or Federal Aviation Regulations (14 CFR 21.197 autopilot trim warnings are encountered and 21.199) to operate the airplane to a flight crew. The actions specified by the while the airplane is in severe icing location where the requirements of this AD proposed AD are intended to minimize conditions. can be accomplished. the potential hazards associated with • All wing icing inspection lights must be (d) An alternative method of compliance or operating these airplanes in severe icing operative prior to flight into known or adjustment of the compliance time that conditions by providing more clearly Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48539 defined procedures and limitations Commenters wishing the FAA to conditions for which the airplane is not associated with such conditions. acknowledge receipt of their comments certificated or what action to take when DATES: Comments must be received on submitted in response to this notice such conditions are encountered. or before October 14, 1997. must submit a self-addressed, stamped Therefore, the FAA has determined that postcard on which the following flight crews must be provided with such ADDRESSES: Submit comments in statement is made: ‘‘Comments to information and must be made aware of triplicate to the Federal Aviation Docket No. 97–CE–54–AD.’’ The certain visual cues that may indicated Administration (FAA), Central Region, postcard will be date stamped and the airplane is operating in atmospheric Office of the Assistant Chief Counsel, returned to the commenter. conditions that are outside the icing Attention: Rules Docket No. 97–CE–54– envelope. AD, Room 1558, 601 E. 12th Street, Availability of NPRMs Since such information is not Kansas City, Missouri 64106. Comments Any person may obtain a copy of this may be inspected at this location available to flight crews, and no NPRM by submitting a request to the airplane is certificated for operation in between 8 a.m. and 4 p.m., Monday FAA, Central Region, Office of the through Friday, holidays excepted. severe icing conditions, such as freezing Assistant Chief Counsel, Attention: drizzle or SLD conditions, the FAA This information also may be Rules Docket No. 97–CE–54–AD, Room finds that the potentially unsafe examined at the Rules Docket at the 1558, 601 E. 12th Street, Kansas City, condition (described previously as address above. Missouri 64106. control difficulties following operation FOR FURTHER INFORMATION CONTACT: Mr. Discussion of the airplane in icing conditions John P. Dow, Sr., Aerospace Engineer, outside the icing envelope) is not Small Airplane Directorate, Aircraft In October 1994, a transport category airplane was involved in an accident in limited to airplanes having the same Certification Service, 1201 Walnut, suite type design as that of the accident 900, Kansas City, Missouri 64106, which severe icing conditions (believed to be composed of freezing drizzle or airplane. telephone (816) 426–6932, facsimile The FAA recognizes that the flight (816) 426–2169. supercooled large droplets (SLD)) were reported in the area. Loss of control of crew of any airplane that is certificated SUPPLEMENTARY INFORMATION: the airplane may have occurred because for flight in icing conditions may not have adequate information concerning Comments Invited ice accretion on the upper surface of the wing aft of the area protected by the ice icing conditions outside the icing Interested persons are invited to protection system caused airflow envelope. However, in 1996, the FAA participate in the making of the separation, which resulted in the found that the specified unsafe proposed rule by submitting such ailerons being forced to a right-wing- condition must be addressed as a higher written data, views, or arguments as down control position. There also is priority on airplanes equipped with they may desire. Communications concern that the autopilot, which was unpowered roll control systems and should identify the Rules Docket engaged, may have masked the unusual pneumatic de-icing boots. These number and be submitted in triplicate to control forces generated by the ice airplanes were addressed first because the address specified above. All accumulation. These conditions, if not the flight crew of an airplane having an communications received on or before corrected, could result in a roll upset unpowered roll control system must the closing date for comments, specified from which the flight crew may be rely solely on physical strength to above, will be considered before taking unable to recover. counteract roll control anomalies, action on the proposed rule. The The atmospheric conditions (freezing whereas a roll control anomaly that proposals contained in this notice may drizzle or SLD conditions) that may occurs on an airplane having a powered be changed in light of the comments have contributed to the accident are roll control system need not be offset received. outside the icing envelope specified in directly by the flight crew. The FAA Comments are specifically invited on Appendix C of part 25 of the Federal also placed a priority on airplanes that the overall regulatory, economic, Aviation Regulations (14 CFR part 25) are used in regularly scheduled environmental, and energy aspects of for certification of the airplane. Such passenger service. The FAA issued the the proposed rule. All comments icing conditions are not defined in following airworthiness directives submitted will be available, both before Appendix C, and the FAA has not (AD’s) that addressed airplanes that met and after the closing date for comments, required that airplanes be shown to be these criteria. These AD’s identified in the Rules Docket for examination by capable of operating safely in those visual cues for recognizing severe icing interested persons. A report that icing conditions. conditions, procedures for exiting these summarizes each FAA-public contact The FAA finds that flight crews are conditions, and prohibitions on the use concerned with the substance of this not currently provided with adequate of various flight control devices. These proposal will be filed in the Rules information necessary to determine AD’s consisted of the following airplane Docket. when the airplane is operating in icing models.

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 48540 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Federal Register Docket No. Manufacturer/airplane model citation

96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche, Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720.. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc. Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, 97±CE±61±AD PA±31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination The FAA has determined that such to severe icing conditions that are Following examination of all relevant limitations and procedures currently are outside the icing limits for which the information, the FAA has determined not defined adequately in the AFM for airplanes were certificated, the that certain limitations and procedures these airplanes. proposed AD would require revising the should be included in the FAA- These airplane models are Limitations Section of the FAA- approved Airplane Flight Manual manufactured in England and are type approved AFM to specify procedures (AFM) for the affected airplanes as certificated for operations in the United that would: follows: States under the provisions of Section • Require flight crews to immediately • All Pilatus Britten-Norman Models 21.29 of the Federal Aviation request priority handling from Air Regulations (14 CFR 21.29) and the BN–2A, BN–2B, and BN–2T airplanes Traffic Control to exit severe icing applicable bilateral airworthiness must be prohibited from flight in severe conditions (as determined by certain icing conditions (as determined by agreement. visual cues); certain visual cues), and Explanation of the Provisions of the • Flight crews must be provided with • Prohibit use of the autopilot when Proposed AD information that would minimize the ice is formed aft of the protected potential hazards associated with Since an unsafe condition has been surfaces of the wing, or when an operating the airplane in severe icing identified which an unrecoverable roll unusual lateral trim condition exists; conditions. upset may occur, as a result of exposure and Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48541

• Require that all icing wing federalism implications to warrant the clearly defined procedures and limitations inspection lights be operative prior to preparation of a Federalism Assessment. associated with such conditions, accomplish flight into known or forecast icing For the reasons discussed above, I the following: conditions at night. certify that this action (1) is not a (a) Within 30 days after the effective date This proposed AD would also require ‘‘significant regulatory action’’ under of this AD, accomplish the requirements of revising the Normal Procedures Section Executive Order 12866; (2) is not a paragraphs (a)(1) and (a)(2) of this AD. of the FAA-approved AFM to specify ‘‘significant rule’’ under DOT Note 2: Operators should initiate action to procedures that would: Regulatory Policies and Procedures (44 notify and ensure that flight crewmembers • Limit the use of the flaps and FR 11034, February 26, 1979); and (3) if are apprised of this change. prohibit the use of the autopilot when promulgated, will not have a significant (1) Revise the FAA-approved Airplane ice is observed forming aft of the economic impact, positive or negative, Flight Manual (AFM) by incorporating the protected surfaces of the wing, or if on a substantial number of small entities following into the Limitations Section of the unusual lateral trim requirements or under the criteria of the Regulatory AFM. This may be accomplished by inserting a copy of this AD in the AFM. autopilot trim warnings are Flexibility Act. A copy of the draft encountered; and regulatory evaluation prepared for this ‘‘WARNING • Provide the flight crew with action has been placed in the Rules Severe icing may result from recognition cues for, and procedures for Docket. A copy of it may be obtained by environmental conditions outside of those for exiting from, severe icing conditions. contacting the Rules Docket at the which the airplane is certificated. Flight in location provided under the caption freezing rain, freezing drizzle, or mixed icing Cost Impact ADDRESSES. conditions (supercooled liquid water and ice The FAA estimates that 12 airplanes List of Subjects in 14 CFR Part 39 crystals) may result in ice build-up on in the U.S. registry would be affected by protected surfaces exceeding the capability of the proposed AD, that it would take Air transportation, Aircraft, Aviation the ice protection system, or may result in ice approximately 1 workhour per airplane safety, Safety. forming aft of the protected surfaces. This ice to accomplish the proposed action, and The Proposed Amendment may not be shed using the ice protection that the average labor rate is systems, and may seriously degrade the Accordingly, pursuant to the performance and controllability of the approximately $60 an hour. Since an authority delegated to me by the airplane. owner/operator who holds at least a Administrator, the Federal Aviation • During flight, severe icing conditions private pilot’s certificate as authorized Administration proposes to amend part that exceed those for which the airplane is by §§ 43.7 and 43.11 of the Federal 39 of the Federal Aviation Regulations certificated shall be determined by the Aviation Regulations (14 CFR 47.7 and (14 CFR part 39) as follows: following visual cues. If one or more of these 43.11) can accomplish the proposed visual cues exists, immediately request action, the only cost impact upon the PART 39ÐAIRWORTHINESS priority handling from Air Traffic Control to public is the time it would take the DIRECTIVES facilitate a route or an altitude change to exit affected airplane owners/operators to the icing conditions. incorporate the proposed AFM 1. The authority citation for part 39 —Unusually extensive ice accumulation on revisions. continues to read as follows: the airframe and windshield in areas not The cost impact figure discussed Authority: 49 USC 106(g), 40113, 44701. normally observed to collect ice. above is based on assumptions that no —Accumulation of ice on the lower surface operator has yet accomplished any of §39.13 [Amended] of the wing aft of the protected area. the proposed requirements of this AD 2. Section 39.13 is amended by —Accumulation of ice on the engine nacelles action, and that no operator would adding a new airworthiness directive and propeller spinners farther aft than accomplish those actions in the future if (AD) to read as follows: normally observed. • this AD were not adopted. Pilatus Britten-Norman Limited: Docket No. Since the autopilot, when installed and In addition, the FAA recognizes that 97–CE–54–AD. operating, may mask tactile cues that indicate the proposed action may impose Applicability: BN–2A, BN–2B, and BN–2T adverse changes in handling characteristics, operational costs. However, these costs series airplanes (all serial numbers), use of the autopilot is prohibited when any of the visual cues specified above exist, or are incalculable because the frequency certificated in any category. when unusual lateral trim requirements or Note 1: This AD applies to each airplane of occurrence of the specified autopilot trim warnings are encountered conditions and the associated additional identified in the preceding applicability provision, regardless of whether it has been while the airplane is in icing conditions. flight time cannot be determined. • All icing detection lights must be Nevertheless, because of the severity of modified, altered, or repaired in the area subject to the requirements of this AD. For operative prior to flight into known or the unsafe condition, the FAA has airplanes that have been modified, altered, or forecast icing conditions at night. [NOTE: determined that continued operational repaired so that the performance of the This supersedes any relief provided by the safety necessitates the imposition of the requirements of this AD is affected, the Master Minimum Equipment List (MMEL).]’’ costs. owner/operator must request approval for an (2) Revise the FAA-approved AFM by alternative method of compliance in incorporating the following into the Normal Regulatory Impact accordance with paragraph (d) of this AD. Procedures Section of the AFM. This may be The regulations proposed herein The request should include an assessment of accomplished by inserting a copy of this AD would not have substantial direct effects the effect of the modification, alteration, or in the AFM. on the States, on the relationship repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not ‘‘THE FOLLOWING WEATHER between the national government and been eliminated, the request should include CONDITIONS MAY BE CONDUCIVE TO the States, or on the distribution of specific proposed actions to address it. SEVERE IN-FLIGHT ICING power and responsibilities among the Compliance: Required as indicated, unless • Visible rain at temperatures below 0 various levels of government. Therefore, already accomplished. degrees Celsius ambient air temperature. in accordance with Executive Order To minimize the potential hazards • Droplets that splash or splatter on impact 12612, it is determined that this associated with operating the airplane in at temperatures below 0 degrees Celsius proposal would not have sufficient severe icing conditions by providing more ambient air temperature. 48542 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

PROCEDURES FOR EXITING THE SEVERE Issued in Kansas City, Missouri, on FOR FURTHER INFORMATION CONTACT: Mr. ICING ENVIRONMENT September 9, 1997. John P. Dow, Sr., Aerospace Engineer, These procedures are applicable to all James E. Jackson, Small Airplane Directorate, Aircraft flight phases from takeoff to landing. Monitor Acting Manager, Small Airplane Directorate, Certification Service, 1201 Walnut, suite the ambient air temperature. While severe Aircraft Certification Service. 900, Kansas City, Missouri 64106, icing may form at temperatures as cold as [FR Doc. 97–24489 Filed 9–15–97; 8:45 am] telephone (816) 425–6932, facsimile ¥18 degrees Celsius, increased vigilance is BILLING CODE 4910±13±U (816) 426–2169. warranted at temperatures around freezing with visible moisture present. If the visual SUPPLEMENTARY INFORMATION: cues specified in the Limitations Section of the AFM for identifying severe icing DEPARTMENT OF TRANSPORTATION Comments Invited conditions are observed, accomplish the Interested persons are invited to following: Federal Aviation Administration • participate in the making of the Immediately request priority handling proposed rule by submitting such from Air Traffic Control to facilitate a route 14 CFR Part 39 written data, views, or arguments as or an altitude change to exit the severe icing [Docket No. 97±CE±60±AD] conditions in order to avoid extended they may desire. Communications exposure to flight conditions more severe RIN 2120±AA64 should identify the Rules Docket than those for which the airplane has been number and be submitted in triplicate to certificated. Airworthiness Directives; The New the address specified above. All • Avoid abrupt and excessive Piper Aircraft, Inc. Models PA±46±310P communications received on or before maneuvering that may exacerbate control and PA±46±350P Airplanes the closing date for comments, specified difficulties. above, will be considered before taking • Do not engage the autopilot. AGENCY: Federal Aviation action on the proposed rule. The • If the autopilot is engaged, hold the Administration, DOT. control wheel firmly and disengage the proposals contained in this notice may ACTION: Notice of proposed rulemaking be changed in light of the comments autopilot. (NPRM). • If an unusual roll response or received. uncommanded roll control movement is SUMMARY: This document proposes to Comments are specifically invited on observed, reduce the angle-of-attack. adopt a new airworthiness directive the overall regulatory, economic, • Do not extend flaps when holding in (AD) that would apply to The New Piper environmental, and energy aspects of icing conditions. Operation with flaps the proposed rule. All comments extended can result in a reduced wing angle- Aircraft, Inc. Model PA–46–310P and PA–46–350P airplanes. This proposal submitted will be available, both before of-attack, with the possibility of ice forming and after the closing date for comments, on the lower surface further aft on the wing would require revising the FAA- than normal, possibly aft of the protected approved Airplane Flight Manual in the Rules Docket for examination by area. (AFM) to specify procedures that would interested persons. A report that • If the flaps are extended, do not retract prohibit flight in severe icing conditions summarizes each FAA-public contact them until the airframe is clear of ice. concerned with the substance of this • (as determined by certain visual cues), Report these weather conditions to Air limit or prohibit the use of various flight proposal will be filed in the Rules Traffic Control.’’ Docket. (b) Incorporating the AFM revisions, as control devices while in severe icing conditions, and provide the flight crew Commenters wishing the FAA to required by this AD, may be performed by acknowledge receipt of their comments the owner/operator holding at least a private with recognition cues for, and procedures for exiting from, severe icing submitted in response to this notice pilot certificate as authorized by section 43.7 must submit a self-addressed, stamped of the Federal Aviation Regulations (14 CFR conditions. The proposed AD is 43.7), and must be entered into the aircraft prompted by the results of a review of postcard on which the following records showing compliance with this AD in the requirements for certification of statement is made: ‘‘Comments to accordance with section 43.11 of the Federal these airplanes in icing conditions, new Docket No. 97–CE–60–AD.’’ The Aviation Regulations (14 CFR 43.11). information on the icing environment, postcard will be date stamped and (c) Special flight permits may be issued in returned to the commenter. accordance with sections 21.197 and 21.199 and icing data provided currently to the of the Federal Aviation Regulations (14 CFR flight crew. The actions specified by the Availability of NPRMs 21.197 and 21.199) to operate the airplane to proposed AD are intended to minimize Any person may obtain a copy of this a location where the requirements of this AD the potential hazards associated with NPRM by submitting a request to the can be accomplished. operating these airplanes in severe icing FAA, Central Region, Office of the (d) An alternative method of compliance or conditions by providing more clearly adjustment of the compliance time that Assistant Chief Counsel, Attention: defined procedures and limitations Rules Docket No. 97–CE–60–AD, Room provides an acceptable level of safety may be associated with such conditions. used if approved by the Manager, Small 1558, 601 E. 12th Street, Kansas City, Airplane Directorate, FAA, 1201 Walnut, DATES: Comments must be received on Missouri 64106. suite 900, Kansas City, Missouri 64106. The or before October 14, 1997. request shall be forwarded through an ADDRESSES: Submit comments in Discussion appropriate FAA Maintenance Inspector, triplicate to the Federal Aviation In October 1994, a transport category who may add comments and then send it to Administration (FAA), Central Region, airplane was involved in an accident in the Manager, Small Airplane Directorate. Office of the Assistant Chief Counsel, which severe icing conditions (believed Note 3: Information concerning the Attention: Rules Docket No. 97–CE–60– to be composed of freezing drizzle or existence of approved alternative methods of AD, Room 1558, 601 E. 12th Street, supercooled large droplets (SLD)) were compliance with this AD, if any, may be reported in the area. Loss of control of obtained from the Small Airplane Kansas City, Missouri 64106. Comments Directorate. may be inspected at this location the airplane may have occurred because ice accretion on the upper surface of the (e) All persons affected by this directive between 8 a.m. and 4 p.m., Monday may examine information related to this AD through Friday, holidays excepted. wing aft of the area protected by the ice at the FAA, Central Region, Office of the This information also may be protection system caused airflow Assistant Chief Counsel, Room 1558, 601 E. examined at the Rules Docket at the separation, which resulted in the 12th Street, Kansas City, Missouri 64106. address above. ailerons being forced to a right-wing- Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48543 down control position. There also is Therefore, the FAA has determined that condition must be addressed as a higher concern that the autopilot, which was flight crews must be provided with such priority on airplanes equipped with engaged, may have masked the unusual information and must be made aware of unpowered roll control systems and control forces generated by the ice certain visual cues that may indicate the pneumatic de-icing boots. These accumulation. These conditions, if not airplane is operating in atmospheric airplanes were addressed first because corrected, could result in a roll upset conditions that are outside the icing the flight crew of an airplane having an from which the flight crew may be envelope. unpowered roll control system must unable to recover. Since such information is not rely solely on physical strength to The atmospheric conditions (freezing available to flight crews, and no counteract roll control anomalies, drizzle or SLD conditions) that may airplane is certificated for operation in whereas a roll control anomaly that have contributed to the accident are severe icing conditions, such as freezing outside the icing envelope specified in drizzle or SLD conditions, the FAA occurs on an airplane having a powered Appendix C of part 25 of the Federal finds that the potentially unsafe roll control system need not be offset Aviation Regulations (14 CFR part 25) condition (described previously as directly by the flight crew. The FAA for certification of the airplane. Such control difficulties following operation also placed a priority on airplanes that icing conditions are not defined in of the airplane in icing conditions are used in regularly scheduled Appendix C, and the FAA has not outside the icing envelope) is not passenger service. The FAA issued the required that airplanes be shown to be limited to airplanes having the same following airworthiness directives capable of operating safely in those type design as that of the accident (AD’s) that addressed airplanes that met icing conditions. airplane. these criteria. These AD’s identified The FAA finds that flight crews are The FAA recognizes that the flight visual cues for recognizing severe icing not currently provided with adequate crew of any airplane that is certificated conditions, procedures for exiting these information necessary to determine for flight in icing conditions may not conditions, and prohibitions on the use when the airplane is operating in icing have adequate information concerning of various flight control devices. These conditions for which the airplane is not icing conditions outside the icing AD’s consisted of the following airplane certificated or what action to take when envelope. However, in 1996, the FAA models. such conditions are encountered. found that the specified unsafe

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96-NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. 48544 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Airplane models Docket No.

Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, A±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, 97±CE±63±AD and 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination • prohibit use of the autopilot when accomplish those actions in the future if Following examination of all relevant ice is formed aft of the protected this AD were not adopted. information, the FAA has determined surfaces of the wing, or when an In addition, the FAA recognizes that that certain limitations and procedures unusual lateral trim condition exists; the proposed action may impose should be included in the FAA- and operational costs. However, these costs • approved Airplane Flight Manual require that all icing wing are incalculable because the frequency (AFM) for the affected airplanes as inspection lights be operative prior to of occurrence of the specified follows: flight into known or forecast icing conditions and the associated additional • All Piper Model PA–46–310P and conditions at night. flight time cannot be determined. PA–46–350P airplanes must be This proposed AD would also require Nevertheless, because of the severity of prohibited from flight in severe icing revising the Normal Procedures Section the unsafe condition, the FAA has conditions (as determined by certain of the FAA-approved AFM to specify determined that continued operational visual cues), and procedures that would: • safety necessitates the imposition of the Flight crews must be provided with • limit the use of the flaps and costs. information that would minimize the prohibit the use of the autopilot when potential hazards associated with ice is observed forming aft of the Regulatory Impact operating the airplane in severe icing protected surfaces of the wing, or if The regulations proposed herein conditions. unusual lateral trim requirements or would not have substantial direct effects The FAA has determined that such autopilot trim warnings are on the States, on the relationship limitations and procedures currently are encountered; and not defined adequately in the AFM for between the national government and • provide the flight crew with these airplanes. the States, or on the distribution of These airplane models are recognition cues for, and procedures for power and responsibilities among the exiting from, severe icing conditions. manufactured in Australia and are type various levels of government. Therefore, certificated for operations in the United Cost Impact in accordance with Executive Order States under the provisions of Section 12612, it is determined that this The FAA estimates that 399 airplanes 21.29 of the Federal Aviation proposal would not have sufficient in the U.S. registry would be affected by Regulations (14 CFR 21.29) and the federalism implications to warrant the the proposed AD, that it would take applicable bilateral airworthiness preparation of a Federalism Assessment. agreement. approximately 1 workhour per airplane to accomplish the proposed action, and For the reasons discussed above, I Explanation of the Provisions of the that the average labor rate is certify that this action (1) is not a Proposed AD approximately $60 an hour. Since an ‘‘significant regulatory action’’ under Since an unsafe condition has been owner/operator who holds at least a Executive Order 12866; (2) is not a identified in which an unrecoverable private pilot’s certificate as authorized ‘‘significant rule’’ under DOT roll upset may occur, as a result of by §§ 43.7 and 43.11 of the Federal Regulatory Policies and Procedures (44 exposure to severe icing conditions that Aviation Regulations (14 CFR 47.7 and FR 11034, February 26, 1979); and (3) if are outside the icing limits for which 43.11) can accomplish the proposed promulgated, will not have a significant the airplanes were certificated, the action, the only cost impact upon the economic impact, positive or negative, proposed AD would require revising the public is the time it would take the on a substantial number of small entities Limitations Section of the FAA- affected airplane owners/operators to under the criteria of the Regulatory approved AFM to specify procedures incorporate the proposed AFM Flexibility Act. A copy of the draft that would: revisions. regulatory evaluation prepared for this • require flight crews to immediately The cost impact figure discussed action has been placed in the Rules request priority handling from Air above is based on assumptions that no Docket. A copy of it may be obtained by Traffic Control to exit severe icing operator has yet accomplished any of contacting the Rules Docket at the conditions (as determined by certain the proposed requirements of this AD location provided under the caption visual cues); action, and that no operator would ADDRESSES. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48545

List of Subjects in 14 CFR Part 39 which the airplane is certificated. Flight in than those for which the airplane has been freezing rain, freezing drizzle, or mixed icing certificated. Air transportation, Aircraft, Aviation conditions (supercooled liquid water and ice • Avoid abrupt and excessive safety, Safety. crystals) may result in ice build-up on maneuvering that may exacerbate control The Proposed Amendment protected surfaces exceeding the capability of difficulties. the ice protection system, or may result in ice • Do not engage the autopilot. Accordingly, pursuant to the forming aft of the protected surfaces. This ice • If the autopilot is engaged, hold the authority delegated to me by the may not be shed using the ice protection control wheel firmly and disengage the Administrator, the Federal Aviation systems, and may seriously degrade the autopilot. Administration proposes to amend part performance and controllability of the • If an unusual roll response or 39 of the Federal Aviation Regulations airplane. uncommanded roll control movement is (14 CFR part 39) as follows: • During flight, severe icing conditions that exceed those for which the airplane is observed, reduce the angle-of-attack. • PART 39ÐAIRWORTHINESS certificated shall be determined by the Do not extend flaps when holding in DIRECTIVES following visual cues. If one or more of these icing conditions. Operation with flaps visual cues exists, immediately request extended can result in a reduced wing angle- 1. The authority citation for part 39 priority handling from Air Traffic Control to of-attack, with the possibility of ice forming continues to read as follows: facilitate a route or an altitude change to exit on the upper surface further aft on the wing the icing conditions. than normal, possibly aft of the protected Authority: 49 USC 106(g), 40113, 44701. —Unusually extensive ice accumulation on area. §39.13 [Amended] the airframe and windshield in areas not • If the flaps are extended, do not retract 2. Section 39.13 is amended by normally observed to collect ice. them until the airframe is clear of ice. • adding a new airworthiness directive —Accumulation of ice on the upper surface Report these weather conditions to Air of the wing aft of the protected area. (AD) to read as follows: Traffic Control.’’ • Since the autopilot, when installed and (b) Incorporating the AFM revisions, as The New Piper Aircraft, Inc.: Docket No. operating, may mask tactile cues that indicate required by this AD, may be performed by 97–CE–60–AD. adverse changes in handling characteristics, the owner/operator holding at least a private Applicability: Models PA–46–310P and use of the autopilot is prohibited when any pilot certificate as authorized by section 43.7 PA–46–350P airplanes (all serial numbers), of the visual cues specified above exist, or of the Federal Aviation Regulations (14 CFR certificated in any category. when unusual lateral trim requirements or 43.7), and must be entered into the aircraft autopilot trim warnings are encountered Note 1: This AD applies to each airplane records showing compliance with this AD in while the airplane is in icing conditions. identified in the preceding applicability accordance with section 43.11 of the Federal provision, regardless of whether it has been • All wing icing inspection lights must be Aviation Regulations (14 CFR 43.11). modified, altered, or repaired in the area operative prior to flight into known or (c) Special flight permits may be issued in subject to the requirements of this AD. For forecast icing conditions at night. [NOTE: airplanes that have been modified, altered, or This supersedes any relief provided by the accordance with sections 21.197 and 21.199 repaired so that the performance of the Master Minimum Equipment List (MMEL).]’’ of the Federal Aviation Regulations (14 CFR requirements of this AD is affected, the (2) Revise the FAA-approved AFM by 21.197 and 21.199) to operate the airplane to owner/operator must request approval for an incorporating the following into the Normal a location where the requirements of this AD alternative method of compliance in Procedures Section of the AFM. This may be can be accomplished. accordance with paragraph (d) of this AD. accomplished by inserting a copy of this AD (d) An alternative method of compliance or The request should include an assessment of in the AFM. adjustment of the compliance time that the effect of the modification, alteration, or provides an acceptable level of safety may be ‘‘THE FOLLOWING WEATHER repair on the unsafe condition addressed by used if approved by the Manager, Small this AD; and, if the unsafe condition has not CONDITIONS MAY BE CONDUCIVE TO SEVERE IN-FLIGHT ICING: Airplane Directorate, FAA, 1201 Walnut, been eliminated, the request should include suite 900, Kansas City, Missouri 64106. The • Visible rain at temperatures below 0 specific proposed actions to address it. request shall be forwarded through an Compliance: Required as indicated, unless degrees Celsius ambient air temperature. appropriate FAA Maintenance Inspector, already accomplished. • Droplets that splash or splatter on impact who may add comments and then send it to To minimize the potential hazards at temperatures below 0 degrees Celsius the Manager, Small Airplane Directorate. associated with operating the airplane in ambient air temperature. severe icing conditions by providing more Note 3: Information concerning the clearly defined procedures and limitations PROCEDURES FOR EXITING THE SEVERE existence of approved alternative methods of associated with such conditions, accomplish ICING ENVIRONMENT: compliance with this AD, if any, may be the following: These procedures are applicable to all obtained from the Small Airplane (a) Within 30 days after the effective date flight phases from takeoff to landing. Monitor Directorate. of this AD, accomplish the requirements of the ambient air temperature. While severe (e) All persons affected by this directive paragraphs (a)(1) and (a)(2) of this AD. icing may form at temperatures as cold as may examine information related to this AD ¥18 degrees Celsius, increased vigilance is Note 2: Operators should initiate action to at the FAA, Central Region, Office of the warranted at temperatures around freezing notify and ensure that flight crewmembers Assistant Chief Counsel, Room 1558, 601 E. are apprised of this change. with visible moisture present. If the visual 12th Street, Kansas City, Missouri 64106. (1) Revise the FAA-approved Airplane cues specified in the Limitations Section of Flight Manual (AFM) by incorporating the the AFM for identifying severe icing Issued in Kansas City, Missouri, on following into the Limitations Section of the conditions are observed, accomplish the September 9, 1997. AFM. This may be accomplished by inserting following: James E. Jackson, • a copy of this AD in the AFM. Immediately request priority handling from Air Traffic Control to facilitate a route Acting Manager, Small Airplane Directorate, ‘‘WARNING or an altitude change to exit the severe icing Aircraft Certification Service. Severe icing may result from conditions in order to avoid extended [FR Doc. 97–24494 Filed 9–15–97; 8:45 am] environmental conditions outside of those for exposure to flight conditions more severe BILLING CODE 4910±13±U 48546 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

DEPARTMENT OF TRANSPORTATION This information also may be wing aft of the area protected by the ice examined at the Rules Docket at the protection system caused airflow Federal Aviation Administration address above. separation, which resulted in the FOR FURTHER INFORMATION CONTACT: Mr. ailerons being forced to a right-wing- 14 CFR Part 39 John P. Dow, Sr., Aerospace Engineer, down control position. There also is concern that the autopilot, which was [Docket No. 97±CE±61±AD] Small Airplane Directorate, Aircraft Certification Service, 1201 Walnut, suite engaged, may have masked the unusual control forces generated by the ice RIN 2120±AA64 900, Kansas City, Missouri 64106, telephone (816) 425–6932, facsimile accumulation. These conditions, if not Airworthiness Directives; The New (816) 426–2169. corrected, could result in a roll upset Piper Aircraft, Inc. Models PA±23, PA± from which the flight crew may be SUPPLEMENTARY INFORMATION: 23±160, PA±23±235, PA±23±250, PA± unable to recover. E23±250, PA±30, PA±39, PA±40, PA± Comments Invited The atmospheric conditions (freezing 31, PA±31±300, PA±31±325, PA±31± drizzle or SLD conditions) that may Interested persons are invited to have contributed to the accident are 350, PA±34±200, PA±34±200T, PA±34± participate in the making of the 220T, PA±42, PA±42±720, PA±42±1000 outside the icing envelope specified in proposed rule by submitting such Appendix C of part 25 of the Federal Airplanes written data, views, or arguments as Aviation Regulations (14 CFR part 25) they may desire. Communications AGENCY: Federal Aviation for certification of the airplane. Such Administration, DOT. should identify the Rules Docket icing conditions are not defined in number and be submitted in triplicate to Appendix C, and the FAA has not ACTION: Notice of proposed rulemaking the address specified above. All (NPRM). required that airplanes be shown to be communications received on or before capable of operating safely in those SUMMARY: This document proposes to the closing date for comments, specified icing conditions. adopt a new airworthiness directive above, will be considered before taking The FAA finds that flight crews are (AD) that would apply to The New Piper action on the proposed rule. The not currently provided with adequate Aircraft, Inc. (Piper) Models PA–23, proposals contained in this notice may information necessary to determine PA–23–160, PA–23–235, PA–23–250, be changed in light of the comments when the airplane is operating in icing PA–E23–250, PA–30, PA–39, PA–40, received. conditions for which the airplane is not PA–31, PA–31–300, PA–31–325, PA– Comments are specifically invited on certificated or what action to take when 31–350, PA–34–200, PA–34–200T, PA– the overall regulatory, economic, such conditions are encountered. 34–220T, PA–42, PA–42–720, PA–42– environmental, and energy aspects of Therefore, the FAA has determined that 1000 airplanes. This proposal would the proposed rule. All comments flight crews must be provided with such require revising the FAA-approved submitted will be available, both before information and must be made aware of Airplane Flight Manual (AFM) to and after the closing date for comments, certain visual cues that may indicate the specify procedures that would prohibit in the Rules Docket for examination by airplane is operating in atmospheric flight in severe icing conditions (as interested persons. A report that conditions that are outside the icing determined by certain visual cues), limit summarizes each FAA-public contact envelope. or prohibit the use of various flight concerned with the substance of this Since such information is not control devices while in severe icing proposal will be filed in the Rules available to flight crews, and no conditions, and provide the flight crew Docket. airplane is certificated for operation in with recognition cues for, and Commenters wishing the FAA to severe icing conditions, such as freezing procedures for exiting from, severe icing acknowledge receipt of their comments drizzle or SLD conditions, the FAA conditions. The proposed AD is submitted in response to this notice finds that the potentially unsafe condition (described previously as prompted by the results of a review of must submit a self-addressed, stamped control difficulties following operation the requirements for certification of postcard on which the following of the airplane in icing conditions these airplanes in icing conditions, new statement is made: ‘‘Comments to outside the icing envelope) is not information on the icing environment, Docket No. 97–CE–61–AD.’’ The limited to airplanes having the same and icing data provided currently to the postcard will be date stamped and type design as that of the accident flight crew. The actions specified by the returned to the commenter. airplane. proposed AD are intended to minimize Availability of NPRMs The FAA recognizes that the flight the potential hazards associated with Any person may obtain a copy of this crew of any airplane that is certificated operating these airplanes in severe icing NPRM by submitting a request to the for flight in icing conditions may not conditions by providing more clearly FAA, Central Region, Office of the have adequate information concerning defined procedures and limitations Assistant Chief Counsel, Attention: icing conditions outside the icing associated with such conditions. Rules Docket No. 97–CE–61–AD, Room envelope. However, in 1996, the FAA DATES: Comments must be received on 1558, 601 E. 12th Street, Kansas City, found that the specified unsafe or before October 14, 1997. Missouri 64106. condition must be addressed as a higher ADDRESSES: Submit comments in priority on airplanes equipped with triplicate to the Federal Aviation Discussion unpowered roll control systems and Administration (FAA), Central Region, In October 1994, a transport category pneumatic de-icing boots. These Office of the Assistant Chief Counsel, airplane was involved in an accident in airplanes were addressed first because Attention: Rules Docket No. 97–CE–61– which severe icing conditions (believed the flight crew of an airplane having an AD, Room 1558, 601 E. 12th Street, to be composed of freezing drizzle or unpowered roll control system must Kansas City, Missouri 64106. Comments supercooled large droplets (SLD)) were rely solely on physical strength to may be inspected at this location reported in the area. Loss of control of counteract roll control anomalies, between 8 a.m. and 4 p.m., Monday the airplane may have occurred because whereas a roll control anomaly that through Friday, holidays excepted. ice accretion on the upper surface of the occurs on an airplane having a powered Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48547 roll control system need not be offset following airworthiness directives conditions, and prohibitions on the use directly by the flight crew. The FAA (AD’s) that addressed airplanes that met of various flight control devices. These also placed a priority on airplanes that these criteria. These AD’s identified AD’s consisted of the following airplane are used in regularly scheduled visual cues for recognizing severe icing models. passenger service. The FAA issued the conditions, procedures for exiting these

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD. Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD. Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD. Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A. Model, P±180 ...... 97±CE±52±AD. Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD. Pilatus Britten±Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD. SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD. Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD. Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD. F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD. 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD. The New Piper Aircraft, Inc., Models PA±46±310P and PA±46±350P ...... 97±CE±60±AD. The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, A±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD. 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD. Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD. 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD. Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170± AD. Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171± AD. Gulfstream Aerospace, Model G±159 series ...... 97±NM±172± AD. McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173± AD. Mitsubishi Heavy Industries, Model YS±11 and YS±11A series ...... 97±NM±174± AD. Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175± AD. Fairchild, Models F27 and FH227 series ...... 97±NM±176± AD. 48548 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Airplane models Docket No.

Lockheed Models ...... 97±NM±177± AD.

The FAA’s Determination • Provide the flight crew with economic impact, positive or negative, Following examination of all relevant recognition cues for, and procedures for on a substantial number of small entities information, the FAA has determined exiting from, severe icing conditions. under the criteria of the Regulatory Flexibility Act. A copy of the draft that certain limitations and procedures Cost Impact should be included in the FAA- regulatory evaluation prepared for this The FAA estimates that 2,140 action has been placed in the Rules approved Airplane Flight Manual airplanes in the U.S. registry would be (AFM) for the affected airplanes as Docket. A copy of it may be obtained by affected by the proposed AD, that it contacting the Rules Docket at the follows: would take approximately 1 workhour • All Raytheon Models E55, E55A, location provided under the caption per airplane to accomplish the proposed ADDRESSES. 58, 58A, 58P, 58PA, 58TC, 58TCA action, and that the average labor rate is airplanes and 60, 65–B80, 65–B90, 90, approximately $60 an hour. Since an List of Subjects in 14 CFR Part 39 F90, 100, 300, and B300 series airplanes owner/operator who holds at least a Air transportation, Aircraft, Aviation must be prohibited from flight in severe private pilot’s certificate as authorized safety, Safety. icing conditions (as determined by by sections 43.7 and 43.11 of the certain visual cues), and The Proposed Amendment • Federal Aviation Regulations (14 CFR Flight crews must be provided with 47.7 and 43.11) can accomplish the Accordingly, pursuant to the information that would minimize the proposed action, the only cost impact authority delegated to me by the potential hazards associated with upon the public is the time it would Administrator, the Federal Aviation operating the airplane in severe icing take the affected airplane owners/ Administration proposes to amend part conditions. operators to incorporate the proposed 39 of the Federal Aviation Regulations The FAA has determined that such AFM revisions. (14 CFR part 39) as follows: limitations and procedures currently are The cost impact figure discussed not defined adequately in the AFM for above is based on assumptions that no PART 39ÐAIRWORTHINESS these airplanes. operator has yet accomplished any of DIRECTIVES the proposed requirements of this AD Explanation of the Provisions of the 1. The authority citation for part 39 Proposed AD action, and that no operator would accomplish those actions in the future if continues to read as follows: Since an unsafe condition has been this AD were not adopted. Authority: 49 USC 106(g), 40113, 44701. identified in which an unrecoverable In addition, the FAA recognizes that roll upset may occur, as a result of the proposed action may impose § 39.13 [Amended] exposure to severe icing conditions that operational costs. However, these costs 2. Section 39.13 is amended by are outside the icing limits for which are incalculable because the frequency adding a new airworthiness directive the airplanes were certificated, the of occurrence of the specified (AD) to read as follows: proposed AD would require revising the conditions and the associated additional Raytheon Aircraft Company.: Docket No. 97– Limitations Section of the FAA- flight time cannot be determined. CE–58–AD. approved AFM to specify procedures Nevertheless, because of the severity of Applicability: Models E55, E55A, 58, 58A, that would: the unsafe condition, the FAA has 58P, 58PA, 58TCA airplanes and 60, 65–B80, • Require flight crews to immediately determined that continued operational 65–B90, 90, F90, 100, 300, and B300 series request priority handling from Air safety necessitates the imposition of the airplanes (formerly known as Beech Aircraft Traffic Control to exit severe icing costs. Corporation Model and series airplanes), (all conditions (as determined by certain serial numbers), certificated in any category. visual cues); Regulatory Impact Note 1: This AD applies to each airplane • Prohibit use of the autopilot when The regulations proposed herein identified in the preceding applicability ice is formed aft of the protected would not have substantial direct effects provision, regardless of whether it has been surfaces of the wing, or when an on the States, on the relationship modified, altered, or repaired in the area unusual lateral trim condition exists; subject to the requirements of this AD. For between the national government and airplanes that have been modified, altered, or and the States, or on the distribution of • repaired so that the performance of the Require that all icing wing power and responsibilities among the requirements of this AD is affected, the inspection lights be operative prior to various levels of government. Therefore, owner/operator must request approval for an flight into known or forecast icing in accordance with Executive Order alternative method of compliance in conditions at night. 12612, it is determined that this accordance with paragraph (d) of this AD. This proposed AD would also require proposal would not have sufficient The request should include an assessment of revising the Normal Procedures Section federalism implications to warrant the the effect of the modification, alteration, or of the FAA-approved AFM to specify preparation of a Federalism Assessment. repair on the unsafe condition addressed by procedures that would: For the reasons discussed above, I this AD; and, if the unsafe condition has not • been eliminated, the request should include Limit the use of the flaps and certify that this action (1) is not a specific proposed actions to address it. prohibit the use of the autopilot when ‘‘significant regulatory action’’ under Compliance: Required as indicated, unless ice is observed forming aft of the Executive Order 12866; (2) is not a already accomplished. protected surfaces of the wing, or if ‘‘significant rule’’ under DOT To minimize the potential hazards unusual lateral trim requirements or Regulatory Policies and Procedures (44 associated with operating the airplane in autopilot trim warnings are FR 11034, February 26, 1979); and (3) if severe icing conditions by providing more encountered; and promulgated, will not have a significant clearly defined procedures and limitations Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48549 associated with such conditions, accomplish the ambient air temperature. While severe Issued in Kansas City, Missouri, on the following: icing may form at temperatures as cold as September 9, 1997. (a) Within 30 days after the effective date ¥18 degrees Celsius, increased vigilance is James E. Jackson, of this AD, accomplish the requirements of warranted at temperatures around freezing Acting Manager, Small Airplane Directorate, paragraphs (a)(1) and (a)(2) of this AD. with visible moisture present. If the visual Aircraft Certification Service. Note 2: Operators should initiate action to cues specified in the Limitations Section of [FR Doc. 97–24493 Filed 9–15–97; 8:45 am] notify and ensure that flight crewmembers the AFM for identifying severe icing BILLING CODE 4910±13±U are apprised of this change. conditions are observed, accomplish the (1) Revise the FAA-approved Airplane following: Flight Manual (AFM) by incorporating the • Immediately request priority handling DEPARTMENT OF TRANSPORTATION following into the Limitations Section of the from Air Traffic Control to facilitate a route AFM. This may be accomplished by inserting or an altitude change to exit the severe icing Federal Aviation Administration a copy of this AD in the AFM. conditions in order to avoid extended ‘‘WARNING exposure to flight conditions more severe 14 CFR Part 39 Severe icing may result from than those for which the airplane has been [Docket No. 97±CE±57±AD] environmental conditions outside of those for certificated. • which the airplane is certificated. Flight in Avoid abrupt and excessive RIN 2120±AA64 freezing rain, freezing drizzle, or mixed icing maneuvering that may exacerbate control conditions (supercooled liquid water and ice difficulties. Airworthiness Directives; Twin • crystals) may result in ice build-up on Do not engage the autopilot. Commander Aircraft Corporation • protected surfaces exceeding the capability of If the autopilot is engaged, hold the Models 500, -500±A, -500±B, -500±S, the ice protection system, or may result in ice control wheel firmly and disengage the -500±U, -520, -560, -560±A, -560±E, forming aft of the protected surfaces. This ice autopilot. -560±F, -680, -680±E, -680FL(P), -680T, may not be shed using the ice protection • If an unusual roll response or systems, and may seriously degrade the uncommanded roll control movement is -680V, -680W, -681, -685, -690, -690A, performance and controllability of the observed, reduce the angle-of-attack. -690B, 690C, -690D, -695, -695A, -695B, airplane. • Do not extend flaps when holding in and 720 Airplanes • During flight, severe icing conditions icing conditions. Operation with flaps AGENCY: Federal Aviation that exceed those for which the airplane is extended can result in a reduced wing angle- certificated shall be determined by the Administration, DOT. of-attack, with the possibility of ice forming following visual cues. If one or more of these on the upper surface further aft on the wing ACTION: Notice of proposed rulemaking visual cues exists, immediately request (NPRM). priority handling from Air Traffic Control to than normal, possibly aft of the protected facilitate a route or an altitude change to exit area. • SUMMARY: This document proposes to the icing conditions. If the flaps are extended, do not retract them until the airframe is clear of ice. adopt a new airworthiness directive —Unusually extensive ice accumulation on • (AD) that would apply to Twin the airframe and windshield in areas not Report these weather conditions to Air normally observed to collect ice. Traffic Control.’’ Commander Aircraft Corporation (Twin —Accumulation of ice on the upper surface (b) Incorporating the AFM revisions, as Commander) Models 500, -500–A, -500– of the wing, aft of the protected area. required by this AD, may be performed by B, -500–S, -500–U, -520, -560, -560–A, —Accumulation of ice on the engine nacelles the owner/operator holding at least a private -560–E, -560–F, -680, -680–E, -680FL(P), and propeller spinners farther aft than pilot certificate as authorized by § 43.7 of the -680T, -680V, -680W, -681, -685, -690, normally observed. Federal Aviation Regulations (14 CFR 43.7), -690A, -690B, 690C, -690D, -695, -695A, • Since the autopilot, when installed and and must be entered into the aircraft records -695B, and 720 airplanes. This proposal operating, may mask tactile cues that indicate showing compliance with this AD in would require revising the FAA- adverse changes in handling characteristics, accordance with § 43.11 of the Federal approved Airplane Flight Manual use of the autopilot is prohibited when any Aviation Regulations (14 CFR 43.11). (AFM) to specify procedures that would of the visual cues specified above exist, or (c) Special flight permits may be issued in prohibit flight in severe icing conditions when unusual lateral trim requirements or accordance with §§ 21.197 and 21.199 of the autopilot trim warnings are encountered Federal Aviation Regulations (14 CFR 21.197 (as determined by certain visual cues), while the airplane is in icing conditions. and 21.199) to operate the airplane to a limit or prohibit the use of various flight • All wing icing inspection lights must be location where the requirements of this AD control devices while in severe icing operative prior to flight into known or can be accomplished. conditions, and provide the flight crew forecast icing conditions at night. [NOTE: (d) An alternative method of compliance or with recognition cues for, and This supersedes any relief provided by the adjustment of the compliance time that procedures for exiting from, severe icing Master Minimum Equipment List (MMEL).]’’ provides an acceptable level of safety may be conditions. The proposed AD is (2) Revise the FAA-approved AFM by used if approved by the Manager, Small incorporating the following into the Normal prompted by the results of a review of Airplane Directorate, FAA, 1201 Walnut, Procedures Section of the AFM. This may be the requirements for certification of accomplished by inserting a copy of this AD suite 900, Kansas City, Missouri 64106. The these airplanes in icing conditions, new in the AFM. request shall be forwarded through an information on the icing environment, appropriate FAA Maintenance Inspector, and icing data provided currently to the ‘‘THE FOLLOWING WEATHER who may add comments and then send it to flight crew. The actions specified by the CONDITIONS MAY BE CONDUCIVE TO the Manager, Small Airplane Directorate. SEVERE IN-FLIGHT ICING proposed AD are intended to minimize Note 3: Information concerning the the potential hazards associated with • Visible rain at temperatures below 0 existence of approved alternative methods of operating these airplanes in severe icing degrees Celsius ambient air temperature. compliance with this AD, if any, may be • Droplets that splash or splatter on impact conditions by providing more clearly obtained from the Small Airplane defined procedures and limitations at temperatures below 0 degrees Celsius Directorate. ambient air temperature. associated with such conditions. (e) All persons affected by this directive PROCEDURES FOR EXITING THE SEVERE may examine information related to this AD DATES: Comments must be received on ICING ENVIRONMENT at the FAA, Central Region, Office of the or before October 14, 1997. These procedures are applicable to all Assistant Chief Counsel, Room 1558, 601 E. ADDRESSES: Submit comments in flight phases from takeoff to landing. Monitor 12th Street, Kansas City, Missouri 64106. triplicate to the Federal Aviation 48550 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Administration (FAA), Central Region, statement is made: ‘‘Comments to Therefore, the FAA has determined that Office of the Assistant Chief Counsel, Docket No. 97–CE–57–AD.’’ The flight crews must be provided with such Attention: Rules Docket No. 97–CE–57– postcard will be date stamped and information and must be made aware of AD, Room 1558, 601 E. 12th Street, returned to the commenter. certain visual cues that may indicate the Kansas City, Missouri 64106. Comments Availability of NPRMs airplane is operating in atmospheric may be inspected at this location conditions that are outside the icing between 8 a.m. and 4 p.m., Monday Any person may obtain a copy of this envelope. NPRM by submitting a request to the through Friday, holidays excepted. Since such information is not This information also may be FAA, Central Region, Office of the available to flight crews, and no examined at the Rules Docket at the Assistant Chief Counsel, Attention: airplane is certificated for operation in address above. Rules Docket No. 97–CE–57–AD, Room severe icing conditions, such as freezing FOR FURTHER INFORMATION CONTACT: Mr. 1558, 601 E. 12th Street, Kansas City, Missouri 64106. drizzle or SLD conditions, the FAA John P. Dow, Sr., Aerospace Engineer, finds that the potentially unsafe Small Airplane Directorate, Aircraft Discussion condition (described previously as Certification Service, 1201 Walnut, suite In October 1994, a transport category control difficulties following operation 900, Kansas City, Missouri 64106, airplane was involved in an accident in of the airplane in icing conditions telephone (816) 426–6932, facsimile which severe icing conditions (believed outside the icing envelope) is not (816) 426–2169. to be composed of freezing drizzle or limited to airplanes having the same SUPPLEMENTARY INFORMATION: supercooled large droplets (SLD)) were type design as that of the accident Comments Invited reported in the area. Loss of control of airplane. the airplane may have occurred because The FAA recognizes that the flight Interested persons are invited to ice accretion on the upper surface of the participate in the making of the crew of any airplane that is certificated wing aft of the area protected by the ice for flight in icing conditions may not proposed rule by submitting such protection system caused airflow written data, views, or arguments as have adequate information concerning separation, which resulted in the icing conditions outside the icing they may desire. Communications ailerons being forced to a right-wing- envelope. However, in 1996, the FAA should identify the Rules Docket down control position. There also is found that the specified unsafe number and be submitted in triplicate to concern that the autopilot, which was condition must be addressed as a higher the address specified above. All engaged, may have masked the unusual priority on airplanes equipped with communications received on or before control forces generated by the ice the closing date for comments, specified accumulation. These conditions, if not unpowered roll control systems and above, will be considered before taking corrected, could result in a roll upset pneumatic de-icing boots. These action on the proposed rule. The from which the flight crew may be airplanes were addressed first because proposals contained in this notice may unable to recover. the flight crew of an airplane having an be changed in light of the comments The atmospheric conditions (freezing unpowered roll control system must received. drizzle or SLD conditions) that may rely solely on physical strength to Comments are specifically invited on have contributed to the accident are counteract roll control anomalies, the overall regulatory, economic, outside the icing envelope specified in whereas a roll control anomaly that environmental, and energy aspects of Appendix C of part 25 of the Federal occurs on an airplane having a powered the proposed rule. All comments Aviation Regulations (14 CFR part 25) roll control system need not be offset submitted will be available, both before for certification of the airplane. Such directly by the flight crew. The FAA and after the closing date for comments, icing conditions are not defined in also placed a priority on airplanes that in the Rules Docket for examination by Appendix C, and the FAA has not are used in regularly scheduled interested persons. A report that required that airplanes be shown to be passenger service. The FAA issued the summarizes each FAA-public contact capable of operating safely in those following airworthiness directives concerned with the substance of this icing conditions. (AD’s) that addressed airplanes that met proposal will be filed in the Rules The FAA finds that flight crews are these criteria. These AD’s identified Docket. not currently provided with adequate visual cues for recognizing severe icing Commenters wishing the FAA to information necessary to determine conditions, procedures for exiting these acknowledge receipt of their comments when the airplane is operating in icing conditions, and prohibitions on the use submitted in response to this notice conditions for which the airplane is not of various flight control devices. These must submit a self-addressed, stamped certificated or what action to take when AD’s consisted of the following airplane postcard on which the following such conditions are encountered. models.

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48551

Federal Register Docket No. Manufacturer/airplane model citation

96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500-B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, ±695B, and 720. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc., Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, 97±CE±61±AD PA±31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, 97±CE±63±AD and 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 series ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild, Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination potential hazards associated with • Require flight crews to immediately operating the airplane in severe icing request priority handling from Air Following examination of all relevant conditions. Traffic Control to exit severe icing information, the FAA has determined conditions (as determined by certain that certain limitations and procedures • The FAA has determined that such limitations and procedures currently are visual cues); should be included in the FAA- • Prohibit use of the autopilot when approved Airplane Flight Manual not defined adequately in the AFM for these airplanes. ice is formed aft of the protected (AFM) for the affected airplanes as surfaces of the wing, or when an follows: Explanation of the Provisions of the unusual lateral trim condition exists; • Twin Commander Models 500, Proposed AD and –500-A, –500-B, –500-S, –500-U, –520, • Require that all icing wing –560, –560-A, –560-E, –560-F, –680, Since an unsafe condition has been inspection lights be operative prior to –680-E, –680FL(P), –680T, –680V, identified in which an unrecoverable flight into known or forecast icing –680W, –681, –685, –690, –690A, roll upset may occur, as a result of conditions at night. –690B, 690C, –690D, –695, –695A, exposure to severe icing conditions that This proposed AD would also require –695B, and 720 airplanes must be are outside the icing limits for which revising the Normal Procedures Section prohibited from flight in severe icing the airplanes were certificated, the of the FAA-approved AFM to specify conditions (as determined by certain proposed AD would require revising the procedures that would: visual cues), and Limitations Section of the FAA- • Limit the use of the flaps and • Flight crews must be provided with approved AFM to specify procedures prohibit the use of the autopilot when information that would minimize the that would: ice is observed forming aft of the 48552 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules protected surfaces of the wing, or if under the criteria of the Regulatory (1) Revise the FAA-approved Airplane unusual lateral trim requirements or Flexibility Act. A copy of the draft Flight Manual (AFM) by incorporating the autopilot trim warnings are regulatory evaluation prepared for this following into the Limitations Section of the encountered; and AFM. This may be accomplished by inserting action has been placed in the Rules a copy of this AD in the AFM. • Provide the flight crew with Docket. A copy of it may be obtained by recognition cues for, and procedures for contacting the Rules Docket at the ‘‘WARNING exiting from, severe icing conditions. location provided under the caption Severe icing may result from ADDRESSES. environmental conditions outside of those for Cost Impact which the airplane is certificated. Flight in The FAA estimates that 811 airplanes List of Subjects in 14 CFR Part 39 freezing rain, freezing drizzle, or mixed icing in the U.S. registry would be affected by conditions (supercooled liquid water and ice Air transportation, Aircraft, Aviation crystals) may result in ice build-up on the proposed AD, that it would take safety, Safety. approximately 1 workhour per airplane protected surfaces exceeding the capability of The Proposed Amendment the ice protection system, or may result in ice to accomplish the proposed action, and forming aft of the protected surfaces. This ice that the average labor rate is Accordingly, pursuant to the may not be shed using the ice protection approximately $60 an hour. Since an authority delegated to me by the systems, and may seriously degrade the owner/operator who holds at least a Administrator, the Federal Aviation performance and controllability of the private pilot’s certificate as authorized Administration proposes to amend part airplane. • During flight, severe icing conditions by §§ 43.7 and 43.11 of the Federal 39 of the Federal Aviation Regulations Aviation Regulations (14 CFR 47.7 and that exceed those for which the airplane is (14 CFR part 39) as follows: certificated shall be determined by the 43.11) can accomplish the proposed following visual cues. If one or more of these action, the only cost impact upon the PART 39ÐAIRWORTHINESS visual cues exists, immediately request public is the time it would take the DIRECTIVES priority handling from Air Traffic Control to affected airplane owners/operators to facilitate a route or an altitude change to exit incorporate the proposed AFM 1. The authority citation for part 39 the icing conditions. revisions. continues to read as follows: —Unusually extensive ice accumulation on The cost impact figure discussed Authority: 49 USC 106(g), 40113, 44701. the airframe and windshield in areas not above is based on assumptions that no normally observed to collect ice. operator has yet accomplished any of §39.13 [Amended] —Accumulation of ice on the lower surface the proposed requirements of this AD 2. Section 39.13 is amended by of the wing aft of the protected area. —Accumulation of ice on the engine nacelles action, and that no operator would adding a new airworthiness directive and propeller spinners farther aft than accomplish those actions in the future if (AD) to read as follows: normally observed. this AD were not adopted. Twin Commander Aircraft Corporation: • Since the autopilot, when installed and In addition, the FAA recognizes that Docket No. 97–CE–57–AD. operating, may mask tactile cues that indicate the proposed action may impose Applicability: Models 500, –500–A, –500– adverse changes in handling characteristics, operational costs. However, these costs B, –500–S, –500–U, –520, –560, –560–A, use of the autopilot is prohibited when any are incalculable because the frequency –560–E, –560–F, –680, –680–E, –680FL(P), of the visual cues specified above exist, or of occurrence of the specified –680T, –680V, –680W, –681, –685, –690, when unusual lateral trim requirements or conditions and the associated additional –690A, –690B, 690C, –690D, –695, –695A, autopilot trim warnings are encountered –695B, and 720 airplanes (all serial flight time cannot be determined. while the airplane is in icing conditions. numbers), certificated in any category. • All wing icing inspection lights must be Nevertheless, because of the severity of Note 1: This AD applies to each airplane operative prior to flight into known or the unsafe condition, the FAA has identified in the preceding applicability forecast icing conditions at night. [NOTE: determined that continued operational provision, regardless of whether it has been This supersedes any relief provided by the safety necessitates the imposition of the modified, altered, or repaired in the area Master Minimum Equipment List (MMEL).]’’ costs. subject to the requirements of this AD. For (2) Revise the FAA-approved AFM by incorporating the following into the Normal Regulatory Impact airplanes that have been modified, altered, or repaired so that the performance of the Procedures Section of the AFM. This may be The regulations proposed herein requirements of this AD is affected, the accomplished by inserting a copy of this AD would not have substantial direct effects owner/operator must request approval for an in the AFM. on the States, on the relationship alternative method of compliance in ‘‘THE FOLLOWING WEATHER between the national government and accordance with paragraph (d) of this AD. CONDITIONS MAY BE CONDUCIVE TO the States, or on the distribution of The request should include an assessment of SEVERE IN-FLIGHT ICING: the effect of the modification, alteration, or • Visible rain at temperatures below 0 power and responsibilities among the repair on the unsafe condition addressed by degrees Celsius ambient air temperature. various levels of government. Therefore, this AD; and, if the unsafe condition has not • Droplets that splash or splatter on impact in accordance with Executive Order been eliminated, the request should include at temperatures below 0 degrees Celsius 12612, it is determined that this specific proposed actions to address it. ambient air temperature. proposal would not have sufficient Compliance: Required as indicated, unless federalism implications to warrant the already accomplished. PROCEDURES FOR EXITING THE SEVERE preparation of a Federalism Assessment. To minimize the potential hazards ICING ENVIRONMENT: For the reasons discussed above, I associated with operating the airplane in These procedures are applicable to all certify that this action (1) is not a severe icing conditions by providing more flight phases from takeoff to landing. Monitor ‘‘significant regulatory action’’ under clearly defined procedures and limitations the ambient air temperature. While severe associated with such conditions, accomplish Executive Order 12866; (2) is not a icing may form at temperatures as cold as -18 the following: degrees Celsius, increased vigilance is ‘‘significant rule’’ under DOT (a) Within 30 days after the effective date Regulatory Policies and Procedures (44 warranted at temperatures around freezing of this AD, accomplish the requirements of with visible moisture present. If the visual FR 11034, February 26, 1979); and (3) if paragraphs (a)(1) and (a)(2) of this AD. cues specified in the Limitations Section of promulgated, will not have a significant Note 2: Operators should initiate action to the AFM for identifying severe icing economic impact, positive or negative, notify and ensure that flight crewmembers conditions are observed, accomplish the on a substantial number of small entities are apprised of this change. following: Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48553

• Immediately request priority handling DEPARTMENT OF TRANSPORTATION Systems and Equipment Branch, ANM– from Air Traffic Control to facilitate a route 130L, FAA, Transport Airplane or an altitude change to exit the severe icing Federal Aviation Administration Directorate, Los Angeles Aircraft conditions in order to avoid extended Certification Office, 3960 Paramount exposure to flight conditions more severe 14 CFR Part 39 Boulevard, Lakewood, California than those for which the airplane has been [Docket No. 97±NM±173±AD] 90712–4137; telephone (562) 627–5346 certificated. fax (562) 627–5210. • Avoid abrupt and excessive RIN 2120±AA64 maneuvering that may exacerbate control SUPPLEMENTARY INFORMATION: Airworthiness Directives; McDonnell difficulties. Comments Invited • Do not engage the autopilot. Douglas Model DC±3 and DC±4 Series • If the autopilot is engaged, hold the Airplanes Interested persons are invited to control wheel firmly and disengage the participate in the making of the AGENCY: Federal Aviation autopilot. proposed rule by submitting such • If an unusual roll response or Administration, DOT. written data, views, or arguments as uncommanded roll control movement is ACTION: Notice of proposed rulemaking they may desire. Communications shall observed, reduce the angle-of-attack. (NPRM). identify the Rules Docket number and • Do not extend flaps when holding in be submitted in triplicate to the address SUMMARY: icing conditions. Operation with flaps This document proposes the specified above. All communications extended can result in a reduced wing angle- adoption of a new airworthiness received on or before the closing date of-attack, with the possibility of ice forming directive (AD) that is applicable to all for comments, specified above, will be on the lower surface further aft on the wing McDonnell Douglas Model DC–3 and considered before taking action on the than normal, possibly aft of the protected DC–4 series airplanes. This proposal proposed rule. The proposals contained area. would require revising the Airplane in this notice may be changed in light • If the flaps are extended, do not retract Flight Manual (AFM) to specify of the comments received. them until the airframe is clear of ice. procedures that would prohibit flight in Comments are specifically invited on • Report these weather conditions to ‘‘Air severe icing conditions (as determined the overall regulatory, economic, Traffic Control.’’ by certain visual cues), limit or prohibit environmental, and energy aspects of (b) Incorporating the AFM revisions, as the use of various flight control devices the proposed rule. All comments required by this AD, may be performed by while in sever icing conditions, and submitted will be available, both before the owner/operator holding at least a private provide the flight crew with recognition and after the closing date for comments, pilot certificate as authorized by section 43.7 cues for, and procedures for exiting in the Rules Docket for examination by of the Federal Aviation Regulations (14 CFR from, severe icing conditions. This interested persons. A report 43.7), and must be entered into the aircraft proposal is prompted by results of a summarizing each FAA-public contact records showing compliance with this AD in review of the requirements for concerned with the substance of this accordance with section 43.11 of the Federal certification of the airplane in icing proposal will be filed in the Rules Aviation Regulations (14 CFR 43.11). conditions, new information on the Docket. (c) Special flight permits may be issued in icing environment, and icing data Commenters wishing the FAA to accordance with sections 21.197 and 21.199 provided currently to the flight crews. acknowledge receipt of their comments of the Federal Aviation Regulations (14 CFR The actions specified by the proposed submitted in response to this notice 21.197 and 21.199) to operate the airplane to AD are intended to minimize the must submit a self-addressed, stamped a location where the requirements of this AD potential hazards associated with postcard on which the following can be accomplished. statement is made: ‘‘Comments to (d) An alternative method of compliance or operating the airplane in severe icing Docket Number 97–NM–173–AD.’’ The adjustment of the compliance time that conditions by providing more clearly postcard will be date stamped and provides an acceptable level of safety may be defined procedures and limitations used if approved by the Manager, Small associated with such conditions. returned to the commenter. Airplane Directorate, FAA, 1201 Walnut, DATES: Comments must be received by Availability of NPRMs suite 900, Kansas City, Missouri 64106. The October 14, 1997. Any person may obtain a copy of this request shall be forwarded through an ADDRESSES: Submit comments in appropriate FAA Maintenance Inspector, NPRM by submitting a request to the triplicate to the Federal Aviation FAA, Transport Airplane Directorate, who may add comments and then send it to Administration (FAA), Transport the Manager, Small Airplane Directorate. ANM–103, Attention: Rules Docket No. Airplane Directorate, ANM–103, 97–NM–173–AD, 1601 Lind Avenue, Note 3: Information concerning the Attention: Rules Docket No. 97–NM– SW., Renton, Washington 98055–4056. existence of approved alternative methods of 173–AD, 1601 Lind Avenue, SW., compliance with this AD, if any, may be Renton, Washington 98055–4056. Discussion obtained from the Small Airplane Comments may be inspected at this In October 1994, a transport category Directorate. location between 9:00 a.m. and 3:00 airplane was involved in an accident in (e) All persons affected by this directive p.m., Monday through Friday, except which severe icing conditions [believed may examine information related to this AD Federal holidays. to be composed of freezing drizzle or at the FAA, Central Region, Office of the This information may be examined at supercooled large droplets (SLD)] were Assistant Chief Counsel, Room 1558, 601 E. the FAA, Transport Airplane reported in the area. Loss of control of 12th Street, Kansas City, Missouri 64106. Directorate, 601 Lind Avenue, SW., the airplane may have occurred because Issued in Kansas City, Missouri, on Renton, Washington; or at the FAA, ice accretion on the upper surface of the September 9, 1997. Transport Airplane Directorate, Los wing aft of the area protected by the ice James E. Jackson, Angeles Aircraft Certification Office, protection system caused airflow Acting Manager, Small Airplane Directorate, 3960 Paramount Boulevard, Lakewood, separation, which resulted in the Aircraft Certification Service. California. ailerons being forced to a right-wing- [FR Doc. 97–24495 Filed 9–15–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: down control position. There also is BILLING CODE 4910±13±U Albert Lam, Aerospace Engineer, concern that the autopilot, which was 48554 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules engaged, may have masked the unusual flight crews must be provided with such condition must be addressed as a higher control forces generated by the ice information and must be made aware of priority on airplanes equipped with accumulation. These conditions, if not certain visual cues that may indicate the pneumatic deicing boots and corrected, could result in a roll upset airplane is operating in atmospheric unpowered roll control systems. These from which the flight crew may be conditions that are outside the icing airplanes were addressed first because unable to recover. envelope. the flight crew of an airplane having an The atmospheric conditions (freezing Since such information is not unpowered roll control system must drizzle or SLD conditions) that may available to flight crews, and no rely solely on physical strength to have contributed to the accident are airplane is certificated for operation in counteract roll control anomalies, outside the icing envelope specified in severe icing conditions, such as freezing whereas a roll control anomaly that Appendix C of part 25 of the Federal drizzle or SLD conditions, the FAA occurs on an airplane having a powered Aviation Regulations (14 CFR part 25) finds that the potentially unsafe roll control system need not be offset for certification of the airplane. Such condition (described previously as icing conditions are not defined in control difficulties following operation directly by the flight crew. The FAA Appendix C, and the FAA has not of the airplane in icing conditions also placed a priority on airplanes that required that airplanes be shown to be outside of the icing envelope) is not are used in regularly scheduled capable of operating safely in those limited to airplanes having the same passenger service. The FAA issued the icing conditions. type design as that of the accident following airworthiness directives (AD) The FAA finds that flight crews are airplane. that addressed airplanes that met these not currently provided with adequate The FAA recognizes that the flight criteria. These AD’s identified visual information necessary to determine crew of any airplane that is certificated cues for recognizing severe icing when the airplane is operating in icing for flight in icing conditions may not conditions, procedures for exiting these conditions for which the airplane is not have adequate information concerning conditions, and prohibitions on the use certificated or what action to take when flight in icing conditions outside the of various flight control devices. These such conditions are encountered. icing envelope. However, in 1996, the AD’s consisted of the following airplane Therefore, the FAA has determined that FAA found that the specified unsafe models:

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules, described below, also would provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered roll controls and pneumatic deicing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes:

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A. Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche, Rinaldo Piaggio S.p.A. Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, and ±680FL(P). Beech Aircraft Corporation (Raytheon), Models E55, E55A, 58, 58A, 58P,58PA, 58TC, 58TCA, 60 series, 65±B80 series, 65± 97±CE±58±AD B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Beech Aircraft Corporation (Raytheon), Model 2000 ...... 97±CE±59±AD Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48555

Airplane models Docket No.

The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD Piper Aircraft Corporation, Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, 501, and 551 ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI±Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 550, and 560 Series Airplanes ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 97±NM±175±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 97±NM±176±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 97±NM±177± AD.

The FAA’s Determination flight into known or forecast icing safety necessitates the imposition of the Following examination of all relevant conditions at night. costs. This proposed AD would also require information, the FAA has determined Regulatory Impact that certain limitations and procedures revising the Normal Procedures Section should be included in the FAA- of the FAA-approved AFM to specify The regulations proposed herein approved Airplane Flight Manual procedures that would: would not have substantial direct effects (AFM) for the affected airplanes as • limit the use of the flaps and on the States, on the relationship follows: prohibit the use of the autopilot when between the national government and • All McDonnell Douglas Model DC– ice is observed forming aft of the the States, or on the distribution of 3 and DC–4 series airplanes must be protected surfaces of the wing, or if power and responsibilities among the prohibited from flight in severe icing unusual lateral trim requirements or various levels of government. Therefore, conditions (as determined by certain autopilot trim warnings are in accordance with Executive Order visual cues), and encountered; and 12612, it is determined that this • Flight crews must be provided with • provide the flight crew with information that would minimize the proposal would not have sufficient recognition cues for, and procedures for federalism implications to warrant the potential hazards associated with exiting from, severe icing conditions. operating the airplane in severe icing preparation of a Federalism Assessment. conditions. Cost Impact For the reasons discussed above, I The FAA has determined that such There are approximately 300 certify that this proposed regulation (1) limitations and procedures currently are McDonnell Douglas Model DC–3 and is not a ‘‘significant regulatory action’’ not defined adequately in the AFM for DC–4 series airplanes of the affected under Executive Order 12866; (2) is not these airplanes. design in the worldwide fleet. The FAA a ‘‘significant rule’’ under the DOT Explanation of the Provisions of the estimates that 166 airplanes of U.S. Regulatory Policies and Procedures (44 Proposed AD registry would be affected by this FR 11034, February 26, 1979); and (3) if proposed AD, that it would take Since an unsafe condition has been promulgated, will not have a significant approximately 1 work hour per airplane identified in which an unrecoverable economic impact, positive or negative, to accomplish the proposed actions, and roll upset may occur as a result of on a substantial number of small entities that the average labor rate is $60 per exposure to severe icing conditions that under the criteria of the Regulatory work hour. Based on these figures, the are outside the icing limits for which Flexibility Act. A copy of the draft cost impact of the proposed AD on U.S. the airplane was certificated, the regulatory evaluation prepared for this operators is estimated to be $9,960, or proposed AD would require revising the action is contained in the Rules Docket. $60 per airplane. Limitations Section of the FAA- A copy of it may be obtained by approved AFM to specify procedures The cost impact figure discussed contacting the Rules Docket at the that would: above is based on assumptions that no location provided under the caption • require flight crews to immediately operator has yet accomplished any of ADDRESSES. request priority handling from Air the proposed requirements of this AD Traffic Control to exit severe icing action, and that no operator would List of Subjects in 14 CFR Part 39 conditions (as determined by certain accomplish those actions in the future if this AD were not adopted. Air transportation, Aircraft, Aviation visual cues) safety, Safety. • prohibit flight in severe icing In addition, the FAA recognizes that conditions (as determined by certain the proposed action may impose The Proposed Amendment visual cues) operational costs. However, these costs • prohibit use of the autopilot when are incalculable because the frequency Accordingly, pursuant to the ice is formed aft of the protected of occurrence of the specified authority delegated to me by the surfaces of the wing, or when an conditions and the associated additional Administrator, the Federal Aviation unusual lateral trim condition exists; flight time cannot be determined. Administration proposes to amend part and Nevertheless, because of the severity of 39 of the Federal Aviation Regulations • require that all wing icing the unsafe condition, the FAA has (14 CFR part 39) as follows: inspection lights be operative prior to determined that continued operational 48556 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

PART 39ÐAIRWORTHINESS —Unusually extensive ice accumulation on (b) An alternative method of compliance or DIRECTIVES the airframe and windshield in areas not adjustment of the compliance time that normally observed to collect ice. provides an acceptable level of safety may be 1. The authority citation for part 39 —Accumulation of ice on the upper surface used if approved by the Manager, Los of the wing aft of the protected area. continues to read as follows: Angeles Aircraft Certification Office (ACO), —Accumulation of ice on the engine nacelles FAA, Transport Airplane Directorate. The Authority: 49 U.S.C. 106(g), 40113, 44701. and propeller spinners farther aft than request shall be forwarded through an normally observed. appropriate FAA Operations Inspector, who §39.13 [Amended] • Since the autopilot, when installed and may add comments and then send it to the 2. Section 39.13 is amended by operating, may mask tactile cues that indicate Manager, Los Angeles ACO. adding the following new airworthiness adverse changes in handling characteristics, Note 3: Information concerning the use of the autopilot is prohibited when any directive: existence of approved alternative methods of of the visual cues specified above exist, or compliance with this AD, if any, may be McDonnell Douglas: Docket 97–NM–173–AD. when unusual lateral trim requirements or obtained from the Los Angeles ACO. autopilot trim warnings are encountered Applicability: All Model DC–3 and DC–4 (c) Special flight permits may be issued in series airplanes, certificated in any category. while the airplane is in icing conditions. • All wing icing inspection lights must be accordance with sections 21.197 and 21.199 Note 1: This AD applies to each airplane operative prior to flight into known or of the Federal Aviation Regulations (14 CFR identified in the preceding applicability forecast icing conditions at night. [NOTE: 21.197 and 21.199) to operate the airplane to provision, regardless of whether it has been This supersedes any relief provided by the a location where the requirements of this AD modified, altered, or repaired in the area Master Minimum Equipment List (MMEL).]’’ can be accomplished. subject to the requirements of this AD. For (2) Revise the FAA-approved AFM by Issued in Renton, Washington, on airplanes that have been modified, altered, or incorporating the following into the Normal September 10, 1997. repaired so that the performance of the Procedures Section of the AFM. This may be Darrell M. Pederson, requirements of this AD is affected, the accomplished by inserting a copy of this AD Acting Manager, Transport Airplane owner/operator must request approval for an in the AFM. alternative method of compliance in Directorate, Aircraft Certification Service. accordance with paragraph (b) of this AD. ‘‘THE FOLLOWING WEATHER [FR Doc. 97–24503 Filed 9–15–97; 8:45 am] The request should include an assessment of CONDITIONS MAY BE CONDUCIVE TO BILLING CODE 4910±13±P the effect of the modification, alteration, or SEVERE IN-FLIGHT ICING repair on the unsafe condition addressed by • Visible rain at temperatures below 0 this AD; and, if the unsafe condition has not degrees Celsius ambient air temperature. DEPARTMENT OF TRANSPORTATION been eliminated, the request should include • Droplets that splash or splatter on impact specific proposed actions to address it. at temperatures below 0 degrees Celsius Federal Aviation Administration Compliance: Required as indicated, unless ambient air temperature. accomplished previously. PROCEDURES FOR EXITING THE SEVERE 14 CFR Part 39 To minimize the potential hazards ICING ENVIRONMENT associated with operating the airplane in [Docket No. 97±NM±171±AD] These procedures are applicable to all severe icing conditions by providing more RIN 2120±AA64 clearly defined procedures and limitations flight phases from takeoff to landing. Monitor associated with such conditions, accomplish the ambient air temperature. While severe icing may form at temperatures as cold as Airworthiness Directives; Sabreliner the following: Model 40, 60, 70, and 80 Series (a) Within 30 days after the effective date ¥18 degrees Celsius, increased vigilance is of this AD, accomplish the requirements of warranted at temperatures around freezing Airplanes paragraphs (a)(1) and (a)(2) of this AD. with visible moisture present. If the visual cues specified in the Limitations Section of AGENCY: Federal Aviation Note 2: Operators should initiate action to the AFM for identifying severe icing Administration, DOT. notify and ensure that flight crewmembers conditions are observed, accomplish the ACTION: are apprised of this change. Notice of proposed rulemaking following: (NPRM). (1) Revise the FAA-approved Airplane • Immediately request priority handling Flight Manual (AFM) by incorporating the from Air Traffic Control to facilitate a route SUMMARY: This document proposes the following into the Limitations Section of the or an altitude change to exit the severe icing adoption of a new airworthiness AFM. This may be accomplished by inserting conditions in order to avoid extended a copy of this AD in the AFM. directive (AD) that is applicable to exposure to flight conditions more severe certain Sabreliner Model 40, 60, 70, and ‘‘Warning than those for which the airplane has been certificated. 80 series airplanes. This proposal would Severe icing may result from • Avoid abrupt and excessive require revising the Airplane Flight environmental conditions outside of those for maneuvering that may exacerbate control Manual (AFM) to specify procedures which the airplane is certificated. Flight in difficulties. that would prohibit flight in severe icing freezing rain, freezing drizzle, or mixed icing • Do not engage the autopilot. conditions (as determined by certain conditions (supercooled liquid water and ice • If the autopilot is engaged, hold the visual cues), limit or prohibit the use of crystals) may result in ice build-up on control wheel firmly and disengage the protected surfaces exceeding the capability of various flight control devices while in autopilot. severe icing conditions, and provide the the ice protection system, or may result in ice • If an unusual roll response or forming aft of the protected surfaces. This ice uncommanded roll control movement is flight crew with recognition cues for, may not be shed using the ice protection observed, reduce the angle-of-attack. and procedures for exiting from, severe systems, and may seriously degrade the • Do not extend flaps when holding in icing conditions. This proposal is performance and controllability of the icing conditions. Operation with flaps prompted by results of a review of the airplane. extended can result in a reduced wing angle- requirements for certification of the • During flight, severe icing conditions of-attack, with the possibility of ice forming airplane in icing conditions, new that exceed those for which the airplane is on the upper surface further aft on the wing information on the icing environment, certificated shall be determined by the than normal, possibly aft of the protected and icing data provided currently to the following visual cues. If one or more of these area. visual cues exists, immediately request • If the flaps are extended, do not retract flight crews. The actions specified by priority handling from Air Traffic Control to them until the airframe is clear of ice. the proposed AD are intended to facilitate a route or an altitude change to exit • Report these weather conditions to Air minimize the potential hazards the icing conditions. Traffic Control.’’ associated with operating the airplane Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48557 in severe icing conditions by providing in the Rules Docket for examination by information necessary to determine more clearly defined procedures and interested persons. A report when the airplane is operating in icing limitations associated with such summarizing each FAA-public contact conditions for which the airplane is not conditions. concerned with the substance of this certificated or what action to take when DATES: Comments must be received by proposal will be filed in the Rules such conditions are encountered. October 14, 1997. Docket. Therefore, the FAA has determined that Commenters wishing the FAA to ADDRESSES: Submit comments in flight crews must be provided with such acknowledge receipt of their comments information and must be made aware of triplicate to the Federal Aviation submitted in response to this notice Administration (FAA), Transport certain visual cues that may indicate the must submit a self-addressed, stamped airplane is operating in atmospheric Airplane Directorate, ANM–103, postcard on which the following Attention: Rules Docket No. 97–NM– conditions that are outside the icing statement is made: ‘‘Comments to envelope. 171–AD, 1601 Lind Avenue, SW., Docket Number 97–NM–171–AD.’’ The Renton, Washington 98055–4056. postcard will be date stamped and Since such information is not Comments may be inspected at this returned to the commenter. available to flight crews, and no location between 9:00 a.m. and 3:00 airplane is certificated for operation in p.m., Monday through Friday, except Availability of NPRMs severe icing conditions, such as freezing Federal holidays. Any person may obtain a copy of this drizzle or SLD conditions, the FAA This information may be examined at NPRM by submitting a request to the finds that the potentially unsafe the FAA, Transport Airplane FAA, Transport Airplane Directorate, condition (described previously as Directorate, 1601 Lind Avenue, SW., ANM–103, Attention: Rules Docket No. control difficulties following operation Renton, Washington; or at the FAA, 97–NM–171–AD, 1601 Lind Avenue, of the airplane in icing conditions Small Airplane Directorate, Wichita SW., Renton, Washington 98055–4056. outside of the icing envelope) is not Aircraft Certification Office, 1801 limited to airplanes having the same Discussion Airport Road, Room 100, Mid-Continent type design as that of the accident Airport, Wichita, Kansas. In October 1994, a transport category airplane. airplane was involved in an accident in FOR FURTHER INFORMATION CONTACT: The FAA recognizes that the flight which severe icing conditions [believed Charles Riddle, Program Manager, Flight crew of any airplane that is certificated Test and Program Management, ACE– to be composed of freezing drizzle or supercooled large droplets (SLD)] were for flight in icing conditions may not 117W, FAA, Small Airplane Directorate, have adequate information concerning Wichita Aircraft Certification Office, reported in the area. Loss of control of the airplane may have occurred because flight in icing conditions outside the 1801 Airport Road, Room 100, Mid- icing envelope. However, in 1996, the Continent Airport, Wichita, Kansas ice accretion on the upper surface of the wing aft of the area protected by the ice FAA found that the specified unsafe 67209; telephone (316) 946–4144; fax condition must be addressed as a higher (316) 946–4407. protection system caused airflow separation, which resulted in the priority on airplanes equipped with SUPPLEMENTARY INFORMATION: ailerons being forced to a right-wing- pneumatic deicing boots and unpowered roll control systems. These Comments Invited down control position. There also is concern that the autopilot, which was airplanes were addressed first because Interested persons are invited to engaged, may have masked the unusual the flight crew of an airplane having an participate in the making of the control forces generated by the ice unpowered roll control system must proposed rule by submitting such accumulation. These conditions, if not rely solely on physical strength to written data, views, or arguments as corrected, could result in a roll upset counteract roll control anomalies, they may desire. Communications shall from which the flight crew may be whereas a roll control anomaly that identify the Rules Docket number and unable to recover. occurs on an airplane having a powered be submitted in triplicate to the address The atmospheric conditions (freezing roll control system need not be offset specified above. All communications drizzle or SLD conditions) that may directly by the flight crew. The FAA received on or before the closing date have contributed to the accident are also placed a priority on airplanes that for comments, specified above, will be outside the icing envelope specified in are used in regularly scheduled considered before taking action on the Appendix C of part 25 of the Federal passenger service. The FAA issued the proposed rule. The proposals contained Aviation Regulations (14 CFR part 25) following airworthiness directives (AD) in this notice may be changed in light for certification of the airplane. Such that addressed airplanes that met these of the comments received. icing conditions are not defined in criteria. These AD’s identified visual Comments are specifically invited on Appendix C, and the FAA has not cues for recognizing severe icing the overall regulatory, economic, required that airplanes be shown to be conditions, procedures for exiting these environmental, and energy aspects of capable of operating safely in those conditions, and prohibitions on the use the proposed rule. All comments icing conditions. of various flight control devices. These submitted will be available, both before The FAA finds that flight crews are AD’s consisted of the following airplane and after the closing date for comments, not currently provided with adequate models:

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 48558 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Federal Register Docket No. Manufacturer/airplane model citation

96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules, described below, also would provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered roll controls and pneumatic deicing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes:

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A. Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche, Rinaldo Piaggio S.p.A. Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, and ±680FL(P). Beech Aircraft Corporation (Raytheon), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 58TCA, 60 series, 65±B80 series, 65± 97±CE±58±AD B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Beech Aircraft Corporation (Raytheon), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46±310P and PA±46±350P ...... 97±CE±60±AD Piper Aircraft Corporation, Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, 501, and 551 ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 550, and 560 Series Airplanes ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 97±NM±175±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 97±NM±176±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 97±NM±177±AD

The FAA’s Determination operating the airplane in severe icing Limitations Section of the FAA- Following examination of all relevant conditions. approved AFM to specify procedures information, the FAA has determined The FAA has determined that such that would: that certain limitations and procedures limitations and procedures currently are • Require flight crews to immediately should be included in the FAA- not defined adequately in the AFM for request priority handling from Air approved Airplane Flight Manual these airplanes. Traffic Control to exit severe icing (AFM) for the affected airplanes as Explanation of the Provisions of the conditions (as determined by certain follows: visual cues); • Proposed AD Certain Sabreliner Model 40, 60, 70, • and 80 series airplanes must be Since an unsafe condition has been Prohibit flight in severe icing prohibited from flight in severe icing identified in which an unrecoverable conditions (as determined by certain conditions (as determined by certain roll upset may ocur as a result of visual cues); prohibit use of the visual cues), and exposure to severe icing conditions that autopilot when ice is formed aft of the • Flight crews must be provided with are outside the icing limits for which protected surfaces of the wing, or when information that would minimize the the airplane was certificated, the an unusual lateral trim condition exists; potential hazards associated with proposed AD would require revising the and Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48559

• Require that all wing icing under Executive Order 12866; (2) is not Note 2: Operators should initiate action to inspection lights be operative prior to a ‘‘significant rule’’ under the DOT notify and ensure that flight crewmembers flight into known or forecast icing Regulatory Policies and Procedures (44 are apprised of this change. conditions at night. FR 11034, February 26, 1979); and (3) if (1) Revise the FAA-approved Airplane This proposed AD would also require promulgated, will not have a significant Flight Manual (AFM) by incorporating the revising the Normal Procedures Section economic impact, positive or negative, following into the Limitations Section of the of the FAA-approved AFM to specify on a substantial number of small entities AFM. This may be accomplished by inserting a copy of this AD in the AFM. procedures that would: under the criteria of the Regulatory • Limit the use of the flaps and Flexibility Act. A copy of the draft ‘‘WARNING prohibit the use of the autopilot when regulatory evaluation prepared for this Severe icing may result from ice is observed forming aft of the action is contained in the Rules Docket. environmental conditions outside of those for protected surfaces of the wing, or if A copy of it may be obtained by which the airplane is certificated. Flight in unusual lateral trim requirements or contacting the Rules Docket at the freezing rain, freezing drizzle, or mixed icing autopilot trim warnings are location provided under the caption conditions (supercooled liquid water and ice encountered; and ADDRESSES. crystals) may result in ice build-up on • Provide the flight crew with protected surfaces exceeding the capability of recognition cues for, and procedures for List of Subjects in 14 CFR Part 39 the ice protection system, or may result in ice exiting from, severe icing conditions. forming aft of the protected surfaces. This ice Air transportation, Aircraft, Aviation may not be shed using the ice protection Cost Impact safety, Safety. systems, and may seriously degrade the The Proposed Amendment performance and controllability of the There are approximately 283 airplane. Sabreliner Model 40, 60, 70, and 80 Accordingly, pursuant to the • During flight, severe icing conditions series airplanes of the affected design in authority delegated to me by the that exceed those for which the airplane is the worldwide fleet. The FAA estimates Administrator, the Federal Aviation certificated shall be determined by the that 176 airplanes of U.S. registry would Administration proposes to amend part following visual cues. If one or more of these be affected by this proposed AD, that it 39 of the Federal Aviation Regulations visual cues exists, immediately request would take approximately 1 work hour (14 CFR part 39) as follows: priority handling from Air Traffic Control to per airplane to accomplish the proposed facilitate a route or an altitude change to exit actions, and that the average labor rate PART 39ÐAIRWORTHINESS the icing conditions. is $60 per work hour. Based on these DIRECTIVES —Unusually extensive ice accumulation on figures, the cost impact of the proposed the airframe and windshield in areas not 1. The authority citation for part 39 normally observed to collect ice. AD on U.S. operators is estimated to be continues to read as follows: —Accumulation of ice on the upper $10,560, or $60 per airplane. surface of the wing aft of the protected area. The cost impact figure discussed Authority: 49 U.S.C. 106(g), 40113, 44701. • Since the autopilot, when installed and above is based on assumptions that no § 39.13 [Amended] operating, may mask tactile cues that indicate operator has yet accomplished any of 2. Section 39.13 is amended by adverse changes in handling characteristics, the proposed requirements of this AD use of the autopilot is prohibited when any action, and that no operator would adding the following new airworthiness of the visual cues specified above exist, or accomplish those actions in the future if directive: when unusual lateral trim requirements or this AD were not adopted. Sabreliner: Docket 97–NM–171–AD. autopilot trim warnings are encountered In addition, the FAA recognizes that while the airplane is in icing conditions. Applicability: Models 40, 60, 70, and 80 • the proposed action may impose series airplanes equipped with pneumatic All wing icing inspection lights must be operational costs. However, these costs deicing boots, certificated in any category. operative prior to flight into known or forecast icing conditions at night. [NOTE: are incalculable because the frequency Note 1: This AD applies to each airplane This supersedes any relief provided by the identified in the preceding applicability of occurrence of the specified Master Minimum Equipment List (MMEL).]’’ conditions and the associated additional provision, regardless of whether it has been (2) Revise the FAA-approved AFM by flight time cannot be determined. modified, altered, or repaired in the area subject to the requirements of this AD. For incorporating the following into the Normal Nevertheless, because of the severity of Procedures Section of the AFM. This may be the unsafe condition, the FAA has airplanes that have been modified, altered, or repaired so that the performance of the accomplished by inserting a copy of this AD determined that continued operational requirements of this AD is affected, the in the AFM. safety necessitates the imposition of the owner/operator must request approval for an ‘‘THE FOLLOWING WEATHER costs. alternative method of compliance in CONDITIONS MAY BE CONDUCIVE TO Regulatory Impact accordance with paragraph (b) of this AD. SEVERE IN-FLIGHT ICING The request should include an assessment of • The regulations proposed herein the effect of the modification, alteration, or Visible rain at temperatures below 0 would not have substantial direct effects repair on the unsafe condition addressed by degrees Celsius ambient air temperature. • Droplets that splash or splatter on impact on the States, on the relationship this AD; and, if the unsafe condition has not been eliminated, the request should include at temperatures below 0 degrees Celsius between the national government and ambient air temperature. the States, or on the distribution of specific proposed actions to address it. power and responsibilities among the Compliance: Required as indicated, unless PROCEDURES FOR EXITING THE SEVERE various levels of government. Therefore, already accomplished. ICING ENVIRONMENT in accordance with Executive Order To minimize the potential hazards These procedures are applicable to all 12612, it is determined that this associated with operating the airplane in flight phases from takeoff to landing. Monitor proposal would not have sufficient severe icing conditions by providing more the ambient air temperature. While severe clearly defined procedures and limitations icing may form at temperatures as cold as federalism implications to warrant the associated with such conditions, accomplish ¥18 degrees Celsius, increased vigilance is preparation of a Federalism Assessment. the following: warranted at temperatures around freezing For the reasons discussed above, I (a) Within 30 days after the effective date with visible moisture present. If the visual certify that this proposed regulation (1) of this AD, accomplish the requirements of cues specified in the Limitations Section of is not a ‘‘significant regulatory action’’ paragraphs (a)(1) and (a)(2) of this AD. the AFM for identifying severe icing 48560 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules conditions are observed, accomplish the ACTION: Notice of proposed rulemaking specified above. All communications following: (NPRM). received on or before the closing date • Immediately request priority handling for comments, specified above, will be from Air Traffic Control to facilitate a route SUMMARY: This document proposes the considered before taking action on the or an altitude change to exit the severe icing adoption of a new airworthiness conditions in order to avoid extended proposed rule. The proposals contained directive (AD) that is applicable to in this notice may be changed in light exposure to flight conditions more severe certain Cessna Model 500, 501, 550, than those for which the airplane has been of the comments received. certificated. 551, and 560 series airplanes. This Comments are specifically invited on • Avoid abrupt and excessive proposal would require revising the the overall regulatory, economic, maneuvering that may exacerbate control Airplane Flight Manual (AFM) to environmental, and energy aspects of difficulties. specify procedures that would prohibit the proposed rule. All comments • Do not engage the autopilot. flight in severe icing conditions (as submitted will be available, both before • If the autopilot is engaged, hold the determined by certain visual cues), limit control wheel firmly and disengage the and after the closing date for comments, or prohibit the use of various flight in the Rules Docket for examination by autopilot. control devices while in severe icing • If an unusual roll response or interested persons. A report conditions, and provide the flight crew uncommanded roll control movement is summarizing each FAA-public contact observed, reduce the angle-of-attack. with recognition cues for, and concerned with the substance of this • Do not extend flaps when holding in procedures for exiting from, severe icing proposal will be filed in the Rules icing conditions. Operation with flaps conditions. This proposal is prompted Docket. extended can result in a reduced wing angle- by results of a review of the Commenters wishing the FAA to of-attack, with the possibility of ice forming requirements for certification of the acknowledge receipt of their comments on the upper surface further aft on the wing airplane in icing conditions, new submitted in response to this notice than normal, possibly aft of the protected information on the icing environment, must submit a self-addressed, stamped area. and icing data provided currently to the • If the flaps are extended, do not retract postcard on which the following flight crews. The actions specified by them until the airframe is clear of ice. statement is made: ‘‘Comments to the proposed AD are intended to • Report these weather conditions to Air Docket Number 97–NM–170–AD.’’ The minimize the potential hazards Traffic Control.’’ postcard will be date stamped and associated with operating the airplane (b) An alternative method of compliance or returned to the commenter. adjustment of the compliance time that in severe icing conditions by providing provides an acceptable level of safety may be more clearly defined procedures and Availability of NPRMs used if approved by the Manager, Wichita limitations associated with such Any person may obtain a copy of this Aircraft Certification Office (ACO), FAA, conditions. Small Airplane Directorate. The request shall NPRM by submitting a request to the DATES: be forwarded through an appropriate FAA Comments must be received by FAA, Transport Airplane Directorate, Operations Inspector, who may add October 14, 1997. ANM–103, Attention: Rules Docket No. comments and then send it to the Manager, ADDRESSES: Submit comments in 97–NM–170–AD, 1601 Lind Avenue, Wichita ACO. triplicate to the Federal Aviation SW., Renton, Washington 98055–4056. Note 3: Information concerning the Administration (FAA), Transport existence of approved alternative methods of Airplane Directorate, ANM–103, Discussion compliance with this AD, if any, may be Attention: Rules Docket No. 97–NM– In October 1994, a transport category obtained from the Wichita ACO. 170–AD, 1601 Lind Avenue, SW., airplane was involved in an accident in (c) Special flight permits may be issued in Renton, Washington 98055–4056. which severe icing conditions [believed accordance with sections 21.197 and 21.199 Comments may be inspected at this to be composed of freezing drizzle or of the Federal Aviation Regulations (14 CFR location between 9:00 a.m. and 3:00 supercooled large droplets (SLD)] were 21.197 and 21.199) to operate the airplane to p.m., Monday through Friday, except a location where the requirements of this AD reported in the area. Loss of control of can be accomplished. Federal holidays. the airplane may have occurred because This information may be examined at ice accretion on the upper surface of the Issued in Renton, Washington, on the FAA, Transport Airplane September 10, 1997. wing aft of the area protected by the ice Directorate, 601 Lind Avenue, SW., protection system caused airflow Darrell M. Pederson, Renton, Washington. Acting Manager, Transport Airplane separation, which resulted in the FOR FURTHER INFORMATION CONTACT: Directorate, Aircraft Certification Service. ailerons being forced to a right-wing- Carlos L. Blacklock, Program Manager, [FR Doc. 97–24502 Filed 9–15–97; 8:45 am] down control position. There also is Flight Test and Program Management, concern that the autopilot, which was BILLING CODE 4910±13±U ACE–117W, FAA, Small Airplane engaged, may have masked the unusual Directorate, Wichita Aircraft control forces generated by the ice DEPARTMENT OF TRANSPORTATION Certification Office, 1801 Airport Road, accumulation. These conditions, if not Room 100, Mid-Continent Airport, corrected, could result in a roll upset Federal Aviation Administration Wichita, Kansas 67209; telephone (316) from which the flight crew may be 946–4166; fax (316) 946–4407. unable to recover. 14 CFR Part 39 SUPPLEMENTARY INFORMATION: The atmospheric conditions (freezing [Docket No. 97±NM±170±AD] drizzle or SLD conditions) that may Comments Invited have contributed to the accident are RIN 2120±AA64 Interested persons are invited to outside the icing envelope specified in Airworthiness Directives; Cessna participate in the making of the Appendix C of part 25 of the Federal Model 500, 501, 550, 551, and 560 proposed rule by submitting such Aviation Regulations (14 CFR part 25) Series Airplanes written data, views, or arguments as for certification of the airplane. Such they may desire. Communications shall icing conditions are not defined in AGENCY: Federal Aviation identify the Rules Docket number and Appendix C, and the FAA has not Administration, DOT. be submitted in triplicate to the address required that airplanes be shown to be Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48561 capable of operating safely in those finds that the potentially unsafe the flight crew of an airplane having an icing conditions. condition (described previously as unpowered roll control system must The FAA finds that flight crews are control difficulties following operation rely solely on physical strength to not currently provided with adequate of the airplane in icing conditions counteract roll control anomalies, information necessary to determine outside of the icing envelope) is not whereas a roll control anomaly that when the airplane is operating in icing limited to airplanes having the same occurs on an airplane having a powered conditions for which the airplane is not type design as that of the accident roll control system need not be offset certificated or what action to take when airplane. directly by the flight crew. The FAA such conditions are encountered. also placed a priority on airplanes that Therefore, the FAA has determined that The FAA recognizes that the flight are used in regularly scheduled flight crews must be provided with such crew of any airplane that is certificated information and must be made aware of for flight in icing conditions may not passenger service. The FAA issued the certain visual cues that may indicate the have adequate information concerning following airworthiness directives (AD) airplane is operating in atmospheric flight in icing conditions outside the that addressed airplanes that met these conditions that are outside the icing icing envelope. However, in 1996, the criteria. These AD’s identified visual envelope. FAA found that the specified unsafe cues for recognizing severe icing Since such information is not condition must be addressed as a higher conditions, procedures for exiting these available to flight crews, and no priority on airplanes equipped with conditions, and prohibitions on the use airplane is certificated for operation in pneumatic deicing boots and of various flight control devices. These severe icing conditions, such as freezing unpowered roll control systems. These AD’s consisted of the following airplane drizzle or SLD conditions, the FAA airplanes were addressed first because models:

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules, described below, also would provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered roll controls and pneumatic deicing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes:

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A. Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche, Rinaldo Piaggio S.p.A. Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, and ±680FL(P). Beech Aircraft Corporation (Raytheon), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 58TCA, 60 series, 65±B80 series, 65± 97±CE±58±AD B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Beech Aircraft Corporation (Raytheon), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD Piper Aircraft Corporation, Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, and P210R ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. 48562 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Airplane models Docket No.

SIAI±Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 501, 550, 551, and 560 Series Airplanes ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 97±NM±175±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 97±NM±176±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 97±NM±177±AD

The FAA’s Determination • limit the use of the flaps and federalism implications to warrant the Following examination of all relevant prohibit the use of the autopilot when preparation of a Federalism Assessment. information, the FAA has determined ice is observed forming aft of the For the reasons discussed above, I that certain limitations and procedures protected surfaces of the wing, or if certify that this proposed regulation (1) should be included in the FAA- unusual lateral trim requirements or is not a ‘‘significant regulatory action’’ approved Airplane Flight Manual autopilot trim warnings are under Executive Order 12866; (2) is not encountered; and a ‘‘significant rule’’ under the DOT (AFM) for the affected airplanes as • follows: provide the flight crew with Regulatory Policies and Procedures (44 • Certain Cessna Model 500, 501, 550, recognition cues for, and procedures for FR 11034, February 26, 1979); and (3) if 551, and 560 series airplanes must be exiting from, severe icing conditions. promulgated, will not have a significant economic impact, positive or negative, prohibited from flight in severe icing Cost Impact conditions (as determined by certain on a substantial number of small entities visual cues), and There are approximately 1,710 Cessna under the criteria of the Regulatory • Flight crews must be provided with Model 500, 501, 550, 551, and 560 series Flexibility Act. A copy of the draft information that would minimize the airplanes of the affected design in the regulatory evaluation prepared for this potential hazards associated with worldwide fleet. The FAA estimates that action is contained in the Rules Docket. operating the airplane in severe icing 1,427 airplanes of U.S. registry would be A copy of it may be obtained by conditions. affected by this proposed AD, that it contacting the Rules Docket at the The FAA has determined that such would take approximately 1 work hour location provided under the caption limitations and procedures currently are per airplane to accomplish the proposed ADDRESSES. actions, and that the average labor rate not defined adequately in the AFM for List of Subjects in 14 CFR Part 39 these airplanes. is $60 per work hour. Based on these figures, the cost impact of the proposed Air transportation, Aircraft, Aviation Explanation of the Provisions of the AD on U.S. operators is estimated to be safety, Safety. Proposed AD $85,620, or $60 per airplane. The Proposed Amendment Since an unsafe condition has been The cost impact figure discussed Accordingly, pursuant to the identified in which an unrecoverable above is based on assumptions that no authority delegated to me by the roll upset may occur as a result of operator has yet accomplished any of Administrator, the Federal Aviation exposure to severe icing conditions that the proposed requirements of this AD Administration proposes to amend part are outside the icing limits for which action, and that no operator would 39 of the Federal Aviation Regulations the airplane was certificated, the accomplish those actions in the future if (14 CFR part 39) as follows: proposed AD would require revising the this AD were not adopted. Limitations Section of the FAA- In addition, the FAA recognizes that PART 39ÐAIRWORTHINESS approved AFM to specify procedures the proposed action may impose DIRECTIVES that would: operational costs. However, these costs • require flight crews to immediately are incalculable because the frequency 1. The authority citation for part 39 request priority handling from Air of occurrence of the specified continues to read as follows: Traffic Control to exit severe icing conditions and the associated additional Authority: 49 U.S.C. 106(g), 40113, 44701. conditions (as determined by certain flight time cannot be determined. §39.13 [Amended] visual cues); Nevertheless, because of the severity of 2. Section 39.13 is amended by • prohibit flight in severe icing the unsafe condition, the FAA has adding the following new airworthiness conditions (as determined by certain determined that continued operational directive: visual cues) safety necessitates the imposition of the • prohibit use of the autopilot when costs. Cessna Aircraft Company: Docket 97–NM– ice is formed aft of the protected 170–AD. Regulatory Impact surfaces of the wing, or when an Applicability: Model 500, 501, 550, 551, unusual lateral trim condition exists; The regulations proposed herein and 560 series airplanes equipped with and would not have substantial direct effects pneumatic deicing boots, certificated in any • require that all wing icing on the States, on the relationship category. inspection lights be operative prior to between the national government and Note 1: This AD applies to each airplane flight into known or forecast icing the States, or on the distribution of identified in the preceding applicability provision, regardless of whether it has been conditions at night. power and responsibilities among the modified, altered, or repaired in the area This proposed AD would also require various levels of government. Therefore, subject to the requirements of this AD. For revising the Normal Procedures Section in accordance with Executive Order airplanes that have been modified, altered, or of the FAA-approved AFM to specify 12612, it is determined that this repaired so that the performance of the procedures that would: proposal would not have sufficient requirements of this AD is affected, the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48563 owner/operator must request approval for an ‘‘THE FOLLOWING WEATHER Issued in Renton, Washington, on alternative method of compliance in CONDITIONS MAY BE CONDUCIVE TO September 10, 1997. accordance with paragraph (b) of this AD. SEVERE IN-FLIGHT ICING Darrell M. Pederson, The request should include an assessment of • Visible rain at temperatures below 0 Acting Manager, Transport Airplane the effect of the modification, alteration, or degrees Celsius ambient air temperature. Directorate, Aircraft Certification Service. repair on the unsafe condition addressed by • Droplets that splash or splatter on impact this AD; and, if the unsafe condition has not [FR Doc. 97–24501 Filed 9–15–97; 8:45 am] been eliminated, the request should include at temperatures below 0 degrees Celsius BILLING CODE 4910±13±P specific proposed actions to address it. ambient air temperature. Compliance: Required as indicated, unless PROCEDURES FOR EXITING THE SEVERE already accomplished. ICING ENVIRONMENT DEPARTMENT OF TRANSPORTATION To minimize the potential hazards These procedures are applicable to all associated with operating the airplane in Federal Aviation Administration flight phases from takeoff to landing. Monitor severe icing conditions by providing more clearly defined procedures and limitations the ambient air temperature. While severe 14 CFR Part 39 icing may form at temperatures as cold as associated with such conditions, accomplish [Docket No. 97±NM±172±AD] the following: ¥18 degrees Celsius, increased vigilance is (a) Within 30 days after the effective date warranted at temperatures around freezing RIN 2120±AA64 of this AD, accomplish the requirements of with visible moisture present. If the visual paragraphs (a)(1) and (a)(2) of this AD. cues specified in the Limitations Section of Airworthiness Directives; Gulfstream Note 2: Operators should initiate action to the AFM for identifying severe icing Model G±159 Series Airplanes notify and ensure that flight crewmembers conditions are observed, accomplish the AGENCY: Federal Aviation are apprised of this change. following: • Administration, DOT. (1) Revise the FAA-approved Airplane Immediately request priority handling Flight Manual (AFM) by incorporating the from Air Traffic Control to facilitate a route ACTION: Notice of proposed rulemaking following into the Limitations Section of the or an altitude change to exit the severe icing (NPRM). AFM. This may be accomplished by inserting conditions in order to avoid extended a copy of this AD in the AFM. exposure to flight conditions more severe SUMMARY: This document proposes the than those for which the airplane has been adoption of a new airworthiness ‘‘WARNING certificated. directive (AD) that is applicable to all Severe icing may result from • Avoid abrupt and excessive Gulfstream Model G–159 series environmental conditions outside of those for maneuvering that may exacerbate control airplanes. This proposal would require which the airplane is certificated. Flight in difficulties. revising the Airplane Flight Manual freezing rain, freezing drizzle, or mixed icing • Do not engage the autopilot. (AFM) to specify procedures that would conditions (supercooled liquid water and ice • prohibit flight in severe icing conditions crystals) may result in ice build-up on If the autopilot is engaged, hold the protected surfaces exceeding the capability of control wheel firmly and disengage the (as determined by certain visual cues), the ice protection system, or may result in ice autopilot. limit or prohibit the use of various flight forming aft of the protected surfaces. This ice • If an unusual roll response or control devices while in severe icing may not be shed using the ice protection uncommanded roll control movement is conditions, and provide the flight crew systems, and may seriously degrade the observed, reduce the angle-of-attack. with recognition cues for, and performance and controllability of the • Do not extend flaps when holding in procedures for exiting from, severe icing airplane. icing conditions. Operation with flaps conditions. This proposal is prompted • During flight, severe icing conditions extended can result in a reduced wing angle- by results of a review of the that exceed those for which the airplane is of-attack, with the possibility of ice forming requirements for certification of the certificated shall be determined by the on the upper surface further aft on the wing airplane in icing conditions, new following visual cues. If one or more of these than normal, possibly aft of the protected information on the icing environment, visual cues exists, immediately request area. priority handling from Air Traffic Control to and icing data provided currently to the • If the flaps are extended, do not retract facilitate a route or an altitude change to exit flight crews. The actions specified by them until the airframe is clear of ice. the icing conditions. the proposed AD are intended to • Report these weather conditions to Air —Unusually extensive ice accumulation on minimize the potential hazards Traffic Control.’’ the airframe and windshield in areas not associated with operating the airplane (b) An alternative method of compliance or normally observed to collect ice. in severe icing conditions by providing —Accumulation of ice on the upper surface adjustment of the compliance time that more clearly defined procedures and provides an acceptable level of safety may be of the wing aft of the protected area. limitations associated with such used if approved by the Manager, Wichita • Since the autopilot, when installed and conditions. Aircraft Certification Office (ACO), FAA, operating, may mask tactile cues that indicate Small Airplane Directorate. The request shall DATES: Comments must be received by adverse changes in handling characteristics, October 14, 1997. use of the autopilot is prohibited when any be forwarded through an appropriate FAA of the visual cues specified above exist, or Operations Inspector, who may add ADDRESSES: Submit comments in when unusual lateral trim requirements or comments and then send it to the Manager, triplicate to the Federal Aviation autopilot trim warnings are encountered Wichita ACO. Administration (FAA), Transport while the airplane is in icing conditions. Note 3: Information concerning the Airplane Directorate, ANM–103, • All wing icing inspection lights must be existence of approved alternative methods of Attention: Rules Docket No. 97–NM– operative prior to flight into known or compliance with this AD, if any, may be 172–AD, 1601 Lind Avenue, SW., forecast icing conditions at night. [NOTE: obtained from the Wichita ACO. Renton, Washington 98055–4056. This supersedes any relief provided by the Comments may be inspected at this Master Minimum Equipment List (MMEL).]’’ (c) Special flight permits may be issued in (2) Revise the FAA-approved AFM by accordance with sections 21.197 and 21.199 location between 9:00 a.m. and 3:00 incorporating the following into the Normal of the Federal Aviation Regulations (14 CFR p.m., Monday through Friday, except Procedures Section of the AFM. This may be 21.197 and 21.199) to operate the airplane to Federal holidays. accomplished by inserting a copy of this AD a location where the requirements of this AD This information may be examined at in the AFM. can be accomplished. the FAA, Transport Airplane 48564 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Directorate, 601 Lind Avenue, SW., postcard will be date stamped and flight crews must be provided with such Renton, Washington; or at the FAA, returned to the commenter. information and must be made aware of Small Airplane Directorate, Atlanta certain visual cues that may indicate the Availability of NPRMs Aircraft Certification Office, 1895 airplane is operating in atmospheric Phoenix Boulevard, Suite 450, Atlanta, Any person may obtain a copy of this conditions that are outside the icing Georgia. NPRM by submitting a request to the envelope. FAA, Transport Airplane Directorate, FOR FURTHER INFORMATION CONTACT: John Since such information is not W. McGraw, Aerospace Engineer, ANM–103, Attention: Rules Docket No. available to flight crews, and no Systems and Flight Test Branch, ACE– 97–NM–172–AD, 1601 Lind Avenue, airplane is certificated for operation in 116A, FAA, Small Airplane Directorate, SW., Renton, Washington 98055–4056. severe icing conditions, such as freezing Atlanta Aircraft Certification Office, Discussion drizzle or SLD conditions, the FAA One Crown Center, 1895 Phoenix In October 1994, a transport category finds that the potentially unsafe Boulevard, Suite 450, Atlanta, Georgia airplane was involved in an accident in condition (described previously as 30349; telephone (707) 703–6098; fax which severe icing conditions [believed control difficulties following operation (707) 703–6097. to be composed of freezing drizzle or of the airplane in icing conditions outside of the icing envelope) is not SUPPLEMENTARY INFORMATION: supercooled large droplets (SLD)] were reported in the area. Loss of control of limited to airplanes having the same Comments Invited the airplane may have occurred because type design as that of the accident Interested persons are invited to ice accretion on the upper surface of the airplane. participate in the making of the wing aft of the area protected by the ice The FAA recognizes that the flight proposed rule by submitting such protection system caused airflow crew of any airplane that is certificated written data, views, or arguments as separation, which resulted in the for flight in icing conditions may not they may desire. Communications shall ailerons being forced to a right-wing- have adequate information concerning identify the Rules Docket number and down control position. There also is flight in icing conditions outside the be submitted in triplicate to the address concern that the autopilot, which was icing envelope. However, in 1996, the specified above. All communications engaged, may have masked the unusual FAA found that the specified unsafe received on or before the closing date control forces generated by the ice condition must be addressed as a higher for comments, specified above, will be accumulation. These conditions, if not priority on airplanes equipped with considered before taking action on the corrected, could result in a roll upset pneumatic deicing boots and proposed rule. The proposals contained from which the flight crew may be unpowered roll control systems. These in this notice may be changed in light unable to recover. airplanes were addressed first because of the comments received. The atmospheric conditions (freezing the flight crew of an airplane having an Comments are specifically invited on drizzle or SLD conditions) that may unpowered roll control system must the overall regulatory, economic, have contributed to the accident are rely solely on physical strength to environmental, and energy aspects of outside the icing envelope specified in counteract roll control anomalies, the proposed rule. All comments Appendix C of part 25 of the Federal whereas a roll control anomaly that submitted will be available, both before Aviation Regulations (14 CFR part 25) occurs on an airplane having a powered and after the closing date for comments, for certification of the airplane. Such roll control system need not be offset in the Rules Docket for examination by icing conditions are not defined in directly by the flight crew. The FAA interested persons. A report Appendix C, and the FAA has not also placed a priority on airplanes that summarizing each FAA-public contact required that airplanes be shown to be are used in regularly scheduled concerned with the substance of this capable of operating safely in those passenger service. The FAA issued the proposal will be filed in the Rules icing conditions. following airworthiness directives (AD) Docket. The FAA finds that flight crews are that addressed airplanes that met these Commenters wishing the FAA to not currently provided with adequate criteria. These AD’s identified visual acknowledge receipt of their comments information necessary to determine cues for recognizing severe icing submitted in response to this notice when the airplane is operating in icing conditions, procedures for exiting these must submit a self-addressed, stamped conditions for which the airplane is not conditions, and prohibitions on the use postcard on which the following certificated or what action to take when of various flight control devices. These statement is made: ‘‘Comments to such conditions are encountered. AD’s consisted of the following airplane Docket Number 97–NM–172–AD.’’ The Therefore, the FAA has determined that models:

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48565

Federal Register Docket No. Manufacturer/airplane model citation

96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules, described below, also would provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered roll controls and pneumatic deicing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A. Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD. SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, and ±680FL(P). Beech Aircraft Corporation (Raytheon), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 58TCA, 60 series, 65±B80 series, 65± 97±CE±58±AD B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Beech Aircraft Corporation (Raytheon), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD Piper Aircraft Corporation, Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD. 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, 501, and 551 ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD. Cessna Aircraft Company, Models 500, 550, and 560 Series Airplanes ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 97±NM±175±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 97±NM±176±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 97±NM±177±AD

The FAA’s Determination Explanation of the Provisions of the unusual lateral trim condition exists; Proposed AD and Following examination of all relevant • Require that all wing icing Since an unsafe condition has been information, the FAA has determined inspection lights be operative prior to identified in which an unrecoverable that certain limitations and procedures flight into known or forecast icing roll upset may occur as a result of should be included in the FAA- conditions at night. exposure to severe icing conditions that approved Airplane Flight Manual This proposed AD would also require are outside the icing limits for which (AFM) for the affected airplanes as revising the Normal Procedures Section the airplane was certificated, the follows: of the FAA-approved AFM to specify proposed AD would require revising the procedures that would: • All Gulfstream Model G–159 series Limitations Section of the FAA- • Limit the use of the flaps and airplanes must be prohibited from flight approved AFM to specify procedures prohibit the use of the autopilot when in severe icing conditions (as that would: ice is observed forming aft of the • determined by certain visual cues), and Require flight crews to immediately protected surfaces of the wing, or if • Flight crews must be provided with request priority handling from Air unusual lateral trim requirements or information that would minimize the Traffic Control to exit severe icing autopilot trim warnings are potential hazards associated with conditions (as determined by certain encountered; and visual cues); • Provide the flight crew with operating the airplane in severe icing • conditions. Prohibit flight in severe icing recognition cues for, and procedures for conditions (as determined by certain exiting from, severe icing conditions. The FAA has determined that such visual cues); limitations and procedures currently are • Prohibit use of the autopilot when Cost Impact not defined adequately in the AFM for ice is formed aft of the protected There are approximately 141 these airplanes. surfaces of the wing, or when an Gulfstream Model G–159 series 48566 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules airplanes of the affected design in the The Proposed Amendment performance and controllability of the worldwide fleet. The FAA estimates that airplane. Accordingly, pursuant to the • 72 airplanes of U.S. registry would be During flight, severe icing conditions authority delegated to me by the that exceed those for which the airplane is affected by this proposed AD, that it Administrator, the Federal Aviation certificated shall be determined by the would take approximately 1 work hour Administration proposes to amend part following visual cues. If one or more of these per airplane to accomplish the proposed 39 of the Federal Aviation Regulations visual cues exists, immediately request actions, and that the average labor rate (14 CFR part 39) as follows: priority handling from Air Traffic Control to is $60 per work hour. Based on these facilitate a route or an altitude change to exit figures, the cost impact of the proposed PART 39ÐAIRWORTHINESS the icing conditions. AD on U.S. operators is estimated to be DIRECTIVES —Unusually extensive ice accumulation on $4,320, or $60 per airplane. the airframe and windshield in areas not 1. The authority citation for part 39 normally observed to collect ice. The cost impact figure discussed continues to read as follows: -Accumulation of ice on the upper surface of above is based on assumptions that no Authority: 49 U.S.C. 106(g), 40113, 44701. the wing aft of the protected area. operator has yet accomplished any of -Accumulation of ice on the engine nacelles the proposed requirements of this AD § 39.13 [Amended] and propeller spinners farther aft than action, and that no operator would 2. Section 39.13 is amended by normally observed. • accomplish those actions in the future if adding the following new airworthiness Since the autopilot, when installed and this AD were not adopted. directive: operating, may mask tactile cues that indicate adverse changes in handling characteristics, In addition, the FAA recognizes that Gulfstream Aerospace Corporation use of the autopilot is prohibited when any the proposed action may impose (Formerly Grumman): Docket 97–NM– of the visual cues specified above exist, or operational costs. However, these costs 172–AD. when unusual lateral trim requirements or are incalculable because the frequency Applicability: All Model G–159 series autopilot trim warnings are encountered of occurrence of the specified airplanes, certificated in any category. while the airplane is in icing conditions. • All icing wing inspection lights must be conditions and the associated additional Note 1: This AD applies to each airplane identified in the preceding applicability operative prior to flight into known or flight time cannot be determined. forecast icing conditions at night. [NOTE: Nevertheless, because of the severity of provision, regardless of whether it has been modified, altered, or repaired in the area This supersedes any relief provided by the the unsafe condition, the FAA has subject to the requirements of this AD. For Master Minimum Equipment List (MMEL).]’’ determined that continued operational airplanes that have been modified, altered, or (2) Revise the FAA-approved AFM by safety necessitates the imposition of the repaired so that the performance of the incorporating the following into the Normal costs. requirements of this AD is affected, the Procedures Section of the AFM. This may be owner/operator must request approval for an accomplished by inserting a copy of this AD Regulatory Impact alternative method of compliance in in the AFM. accordance with paragraph (b) of this AD. The regulations proposed herein ‘‘THE FOLLOWING WEATHER The request should include an assessment of CONDITIONS MAY BE CONDUCIVE TO would not have substantial direct effects the effect of the modification, alteration, or SEVERE IN-FLIGHT ICING on the States, on the relationship repair on the unsafe condition addressed by • Visible rain at temperatures below 0 this AD; and, if the unsafe condition has not between the national government and degrees Celsius ambient air temperature. been eliminated, the request should include the States, or on the distribution of • Droplets that splash or splatter on impact specific proposed actions to address it. power and responsibilities among the at temperatures below 0 degrees Celsius various levels of government. Therefore, Compliance: Required as indicated, unless ambient air temperature. in accordance with Executive Order already accomplished. To minimize the potential hazards PROCEDURES FOR EXITING THE SEVERE 12612, it is determined that this associated with operating the airplane in ICING ENVIRONMENT proposal would not have sufficient severe icing conditions by providing more These procedures are applicable to all federalism implications to warrant the clearly defined procedures and limitations flight phases from takeoff to landing. Monitor preparation of a Federalism Assessment. associated with such conditions, accomplish the ambient air temperature. While severe For the reasons discussed above, I the following: icing may form at temperatures as cold as (a) Within 30 days after the effective date certify that this proposed regulation (1) ¥18 degrees Celsius, increased vigilance is of this AD, accomplish the requirements of warranted at temperatures around freezing is not a ‘‘significant regulatory action’’ paragraphs (a)(1) and (a)(2) of this AD. under Executive Order 12866; (2) is not with visible moisture present. If the visual Note 2: Operators should initiate action to cues specified in the Limitations Section of a ‘‘significant rule’’ under the DOT notify and ensure that flight crewmembers the AFM for identifying severe icing Regulatory Policies and Procedures (44 are apprised of this change. conditions are observed, accomplish the FR 11034, February 26, 1979); and (3) if (1) Revise the FAA-approved Airplane following: promulgated, will not have a significant Flight Manual (AFM) by incorporating the • Immediately request priority handling economic impact, positive or negative, following into the Limitations Section of the from Air Traffic Control to facilitate a route on a substantial number of small entities AFM. This may be accomplished by inserting or an altitude change to exit the severe icing under the criteria of the Regulatory a copy of this AD in the AFM. conditions in order to avoid extended Flexibility Act. A copy of the draft exposure to flight conditions more severe ‘‘WARNING than those for which the airplane has been regulatory evaluation prepared for this Severe icing may result from certificated. action is contained in the Rules Docket. environmental conditions outside of those for • Avoid abrupt and excessive A copy of it may be obtained by which the airplane is certificated. Flight in maneuvering that may exacerbate control contacting the Rules Docket at the freezing rain, freezing drizzle, or mixed icing difficulties. location provided under the caption conditions (supercooled liquid water and ice • Do not engage the autopilot. ADDRESSES. crystals) may result in ice build-up on • If the autopilot is engaged, hold the protected surfaces exceeding the capability of control wheel firmly and disengage the List of Subjects in 14 CFR Part 39 the ice protection system, or may result in ice autopilot. forming aft of the protected surfaces. This ice • If an unusual roll response or Air transportation, Aircraft, Aviation may not be shed using the ice protection uncommanded roll control movement is safety, Safety. systems, and may seriously degrade the observed, reduce the angle-of-attack. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48567

• Do not extend flaps when holding in icing conditions. This proposal is interested persons. A report icing conditions. Operation with flaps prompted by results of a review of the summarizing each FAA-public contact extended can result in a reduced wing angle- requirements for certification of the concerned with the substance of this of-attack, with the possibility of ice forming airplane in icing conditions, new proposal will be filed in the Rules on the upper surface further aft on the wing information on the icing environment, than normal, possibly aft of the protected Docket. area. and icing data provided currently to the Commenters wishing the FAA to • If the flaps are extended, do not retract flight crews. The actions specified by acknowledge receipt of their comments them until the airframe is clear of ice. the proposed AD are intended to submitted in response to this notice • Report these weather conditions to Air minimize the potential hazards must submit a self-addressed, stamped Traffic Control.’’ associated with operating the airplane postcard on which the following (b) An alternative method of compliance or in severe icing conditions by providing statement is made: ‘‘Comments to adjustment of the compliance time that more clearly defined procedures and Docket Number 97–NM–174–AD.’’ The provides an acceptable level of safety may be limitations associated with such postcard will be date stamped and used if approved by the Manager, Atlanta conditions. Aircraft Certification Office (ACO), FAA, returned to the commenter. DATES: Comments must be received by Small Airplane Directorate. The request shall Availability of NPRMs be forwarded through an appropriate FAA October 14, 1997. Operations Inspector, who may add ADDRESSES: Submit comments in Any person may obtain a copy of this comments and then send it to the Manager, triplicate to the Federal Aviation NPRM by submitting a request to the Atlanta ACO. Administration (FAA), Transport FAA, Transport Airplane Directorate, Note 3: Information concerning the Airplane Directorate, ANM–103, ANM–103, Attention: Rules Docket No. existence of approved alternative methods of Attention: Rules Docket No. 97–NM– 97–NM–174–AD, 1601 Lind Avenue, compliance with this AD, if any, may be 174–AD, 1601 Lind Avenue, SW., SW., Renton, Washington 98055–4056. obtained from the Atlanta ACO. Renton, Washington 98055–4056. Discussion (c) Special flight permits may be issued in Comments may be inspected at this accordance with sections 21.197 and 21.199 location between 9:00 a.m. and 3:00 In October 1994, a transport category of the Federal Aviation Regulations (14 CFR p.m., Monday through Friday, except airplane was involved in an accident in 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD Federal holidays. which severe icing conditions [believed can be accomplished. This information may be examined at to be composed of freezing drizzle or Issued in Renton, Washington, on the FAA, Transport Airplane supercooled large droplets (SLD)] were September 10, 1997. Directorate, 601 Lind Avenue, SW., reported in the area. Loss of control of Darrell M. Pederson, Renton, Washington; or at the FAA, the airplane may have occurred because Transport Airplane Directorate, Los ice accretion on the upper surface of the Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Angeles Aircraft Certification Office, wing aft of the area protected by the ice 3960 Paramount Boulevard, Lakewood, protection system caused airflow [FR Doc. 97–24500 Filed 9–15–97; 8:45 am] California. separation, which resulted in the BILLING CODE 4910±13±U FOR FURTHER INFORMATION CONTACT: ailerons being forced to a right-wing- Alan Sinclair, Aerospace Engineer, down control position. There also is DEPARTMENT OF TRANSPORTATION Systems and Equipment Branch, ANM– concern that the autopilot, which was 130L, FAA, Transport Airplane engaged, may have masked the unusual Federal Aviation Administration Directorate, Los Angeles Aircraft control forces generated by the ice Certification Office, 3960 Paramount accumulation. These conditions, if not 14 CFR Part 39 Boulevard, Lakewood, California 90712; corrected, could result in a roll upset [Docket No. 97±NM±174±AD] telephone (562) 627–5338; fax (562) from which the flight crew may be 627–5210. unable to recover. RIN 2120±AA64 The atmospheric conditions (freezing SUPPLEMENTARY INFORMATION: drizzle or SLD conditions) that may Airworthiness Directives; Mitsubishi Comments Invited have contributed to the accident are Model YS±11 and YS±11A Series outside the icing envelope specified in Airplanes Interested persons are invited to participate in the making of the Appendix C of part 25 of the Federal AGENCY: Federal Aviation proposed rule by submitting such Aviation Regulations (14 CFR part 25) Administration, DOT. written data, views, or arguments as for certification of the airplane. Such ACTION: Notice of proposed rulemaking they may desire. Communications shall icing conditions are not defined in (NPRM). identify the Rules Docket number and Appendix C, and the FAA has not be submitted in triplicate to the address required that airplanes be shown to be SUMMARY: This document proposes the specified above. All communications capable of operating safely in those adoption of a new airworthiness received on or before the closing date icing conditions. directive (AD) that is applicable to all for comments, specified above, will be The FAA finds that flight crews are Mitsubishi Model YS–11 and YS–11A considered before taking action on the not currently provided with adequate series airplanes. This proposal would proposed rule. The proposals contained information necessary to determine require revising the Airplane Flight in this notice may be changed in light when the airplane is operating in icing Manual (AFM) to specify procedures of the comments received. conditions for which the airplane is not that would prohibit flight in severe icing Comments are specifically invited on certificated or what action to take when conditions (as determined by certain the overall regulatory, economic, such conditions are encountered. visual cues), limit or prohibit the use of environmental, and energy aspects of Therefore, the FAA has determined that various flight control devices while in the proposed rule. All comments flight crews must be provided with such severe icing conditions, and provide the submitted will be available, both before information and must be made aware of flight crew with recognition cues for, and after the closing date for comments, certain visual cues that may indicate the and procedures for exiting from, severe in the Rules Docket for examination by airplane is operating in atmospheric 48568 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules conditions that are outside the icing The FAA recognizes that the flight whereas a roll control anomaly that envelope. crew of any airplane that is certificated occurs on an airplane having a powered Since such information is not for flight in icing conditions may not roll control system need not be offset available to flight crews, and no have adequate information concerning directly by the flight crew. The FAA airplane is certificated for operation in flight in icing conditions outside the also placed a priority on airplanes that icing envelope. However, in 1996, the are used in regularly scheduled severe icing conditions, such as freezing FAA found that the specified unsafe passenger service. The FAA issued the drizzle or SLD conditions, the FAA condition must be addressed as a higher following airworthiness directives (AD) finds that the potentially unsafe priority on airplanes equipped with that addressed airplanes that met these condition (described previously as pneumatic deicing boots and criteria. These AD’s identified visual control difficulties following operation unpowered roll control systems. These cues for recognizing severe icing of the airplane in icing conditions airplanes were addressed first because conditions, procedures for exiting these outside of the icing envelope) is not the flight crew of an airplane having an conditions, and prohibitions on the use limited to airplanes having the same unpowered roll control system must of various flight control devices. These type design as that of the accident rely solely on physical strength to AD’s consisted of the following airplane airplane. counteract roll control anomalies, models:

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace Series HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160. 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151. 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules, described below, also would provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered roll controls and pneumatic deicing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes:

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche, Rinaldo Piaggio S.p.A. Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, and ±680FL(P). Beech Aircraft Corporation (Raytheon), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 58TCA, 60 series, 65±B80 series, 65± 97±CE±58±AD B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Beech Aircraft Corporation (Raytheon), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD Piper Aircraft Corporation, Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, 501, and 551, ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 550, and 560 Series Airplanes ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 97±NM±173±AD Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48569

Airplane models Docket No.

Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 97±NM±175±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 97±NM±176±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 97±NM±177±AD

The FAA’s Determination unusual lateral trim requirements or FR 11034, February 26, 1979); and (3) if Following examination of all relevant autopilot trim warnings are promulgated, will not have a significant information, the FAA has determined encountered; and economic impact, positive or negative, • Provide the flight crew with that certain limitations and procedures on a substantial number of small entities recognition cues for, and procedures for should be included in the FAA- under the criteria of the Regulatory exiting from, severe icing conditions. approved Airplane Flight Manual Flexibility Act. A copy of the draft (AFM) for the affected airplanes as Cost Impact regulatory evaluation prepared for this action is contained in the Rules Docket. follows: There are approximately 76 • All Mitsubishi Model YS–11 and A copy of it may be obtained by Mitsubishi Model YS–11 and YS–11A– contacting the Rules Docket at the YS–11A series airplanes must be 200, –300, –500, and –600 series prohibited from flight in severe icing location provided under the caption airplanes of the affected design in the ADDRESSES. conditions (as determined by certain worldwide fleet. The FAA estimates that visual cues), and List of Subjects in 14 CFR Part 39 • 38 airplanes of U.S. registry would be Flight crews must be provided with affected by this proposed AD, that it information that would minimize the Air transportation, Aircraft, Aviation would take approximately 1 work hour safety, Safety. potential hazards associated with per airplane to accomplish the proposed operating the airplane in severe icing actions, and that the average labor rate The Proposed Amendment conditions. is $60 per work hour. Based on these The FAA has determined that such Accordingly, pursuant to the figures, the cost impact of the proposed authority delegated to me by the limitations and procedures currently are AD on U.S. operators is estimated to be not defined adequately in the AFM for Administrator, the Federal Aviation $2,280, or $60 per airplane. Administration proposes to amend part these airplanes. The cost impact figure discussed 39 of the Federal Aviation Regulations above is based on assumptions that no Explanation of the Provisions of the (14 CFR part 39) as follows: Proposed AD operator has yet accomplished any of the proposed requirements of this AD Since an unsafe condition has been PART 39ÐAIRWORTHINESS action, and that no operator would DIRECTIVES identified in which an unrecoverable accomplish those actions in the future if roll upset may occur as a result of this AD were not adopted. 1. The authority citation for part 39 exposure to severe icing conditions that In addition, the FAA recognizes that continues to read as follows: are outside the icing limits for which the proposed action may impose Authority: 49 U.S.C. 106(g), 40113, 44701. the airplane was certificated, the operational costs. However, these costs proposed AD would require revising the are incalculable because the frequency § 39.13 [Amended] Limitations Section of the FAA- of occurrence of the specified approved AFM to specify procedures 2. Section 39.13 is amended by conditions and the associated additional adding the following new airworthiness that would: flight time cannot be determined. • directive: Require flight crews to immediately Nevertheless, because of the severity of request priority handling from Air the unsafe condition, the FAA has Mitsubishi Heavy Industries, Ltd [Formerly Nihon Aeroplane Manufacturing Traffic Control to exit sever icing determined that continued operational conditions (as determined by certain Company (NMAC)]: Docket 97–NM– safety necessitates the imposition of the 174–AD. visual cues); costs. • Prohibit flight in severe icing Applicability: All Model YS–11 and YS– conditions (as determined by certain Regulatory Impact 11A–200, –300, –500, and –600 series airplanes, certificated in any category. visual cues); The regulations proposed herein • Prohibit use of the autopilot when Note 1: This AD applies to each airplane would not have substantial direct effects identified in the preceding applicability ice is formed aft of the protected on the States, on the relationship provision, regardless of whether it has been surfaces of the wing, or when an between the national government and modified, altered, or repaired in the area unusual lateral trim condition exists; the States, or on the distribution of subject to the requirements of this AD. For and power and responsibilities among the airplanes that have been modified, altered, or • Require that all wing icing various levels of government. Therefore, repaired so that the performance of the inspection lights be operative prior to in accordance with Executive Order requirements of this AD is affected, the flight into known or forecast icing 12612, it is determined that this owner/operator must request approval for an conditions at night. proposal would not have sufficient alternative method of compliance in This proposed AD would also require accordance with paragraph (b) of this AD. federalism implications to warrant the The request should include an assessment of revising the Normal Procedures Section preparation of a Federalism Assessment. the effect of the modification, alteration, or of the FAA-approved AFM to specify For the reasons discussed above, I repair on the unsafe condition addressed by procedures that would: certify that this proposed regulation (1) this AD; and, if the unsafe condition has not • Limit the use of the flaps and is not a ‘‘significant regulatory action’’ been eliminated, the request should include prohibit the use of the autopilot when under Executive Order 12866; (2) is not specific proposed actions to address it. ice is observed forming aft of the a ‘‘significant rule’’ under the DOT Compliance: Required as indicated, unless protected surfaces of the wing, or if Regulatory Policies and Procedures (44 accomplished previously. 48570 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

To minimize the potential hazards PROCEDURES FOR EXITING THE SEVERE DEPARTMENT OF TRANSPORTATION associated with operating the airplane in ICING ENVIRONMENT severe icing conditions by providing more These procedures are applicable to all Federal Aviation Administration clearly defined procedures and limitations flight phases from takeoff to landing. Monitor associated with such conditions, accomplish the ambient air temperature. While severe 14 CFR Part 39 the following: (a) Within 30 days after the effective date icing may form at temperatures as cold as [Docket No. 97±NM±176±AD] ¥18 degrees Celsius, increased vigilance is of this AD, accomplish the requirements of RIN 2120±AA64 paragraphs (a)(1) and (a)(2) of this AD. warranted at temperatures around freezing Note 2: Operators should initiate action to with visible moisture present. If the visual Airworthiness Directives; Lockheed notify and ensure that flight crewmembers cues specified in the Limitations Section of Model L±14 and L±18 Series Airplanes are apprised of this change. the AFM for identifying severe icing AGENCY: (1) Revise the FAA-approved Airplane conditions are observed, accomplish the Federal Aviation Flight Manual (AFM) by incorporating the following: Administration, DOT. • following into the Limitations Section of the Immediately request priority handling ACTION: Notice of proposed rulemaking AFM. This may be accomplished by inserting from Air Traffic Control to facilitate a route (NPRM). a copy of this AD in the AFM. or an altitude change to exit the severe icing conditions in order to avoid extended SUMMARY: This document proposes the ‘‘WARNING exposure to flight conditions more severe adoption of a new airworthiness Severe icing may result from than those for which the airplane has been directive (AD) that is applicable to all environmental conditions outside of those for certificated. Lockheed Model L–14 and L–18 series which the airplane is certificated. Flight in • Avoid abrupt and excessive airplanes. This proposal would require freezing rain, freezing drizzle, or mixed icing maneuvering that may exacerbate control revising the Airplane Flight Manual conditions (supercooled liquid water and ice difficulties. (AFM) to specify procedures that would crystals) may result in ice build-up on • Do not engage the autopilot. protected surfaces exceeding the capability of prohibit flight in severe icing conditions • If the autopilot is engaged, hold the the ice protection system, or may result in ice (as determined by certain visual cues), forming aft of the protected surfaces. This ice control wheel firmly and disengage the limit or prohibit the use of various flight may not be shed using the ice protection autopilot. control devices while in severe icing • systems, and may seriously degrade the If an unusual roll response or conditions, and provide the flight crew performance and controllability of the uncommanded roll control movement is with recognition cues for, and airplane. observed, reduce the angle-of-attack. procedures for exiting from, severe icing • During flight, severe icing conditions • Do not extend flaps when holding in conditions. This proposal is prompted that exceed those for which the airplane is icing conditions. Operation with flaps by results of a review of the certificated shall be determined by the extended can result in a reduced wing angle- requirements for certification of the following visual cues. If one or more of these of-attack, with the possibility of ice forming airplane in icing conditions, new visual cues exists, immediately request on the upper surface further aft on the wing priority handling from Air Traffic Control to information on the icing environment, than normal, possibly aft of the protected and icing data provided currently to the facilitate a route or an altitude change to exit area. the icing conditions. flight crews. The actions specified by • If the flaps are extended, do not retract —Unusually extensive ice accumulation on the proposed AD are intended to them until the airframe is clear of ice. minimize the potential hazards the airframe and windshield in areas not • Report these weather conditions to Air normally observed to collect ice. associated with operating the airplane Traffic Control.’’ —Accumulation of ice on the upper surface in severe icing conditions by providing of the wing aft of the protected area. (b) An alternative method of compliance or more clearly defined procedures and —Accumulation of ice on the engine nacelles adjustment of the compliance time that limitations associated with such and propeller spinners farther aft than provides an acceptable level of safety may be conditions. normally observed. used if approved by the Manager, Los DATES: Comments must be received by • Angeles Aircraft Certification Office (ACO), Since the autopilot, when installed and October 14, 1997. operating, may mask tactile cues that indicate FAA, Transport Airplane Directorate. The adverse changes in handling characteristics, request shall be forwarded through an ADDRESSES: Submit comments in use of the autopilot is prohibited when any appropriate FAA Operations Inspector, who triplicate to the Federal Aviation of the visual cues specified above exist, or may add comments and then send it to the Administration (FAA), Transport when unusual lateral trim requirements or Manager, Los Angeles ACO. Airplane Directorate, ANM–103, autopilot trim warnings are encountered Note 3: Information concerning the Attention: Rules Docket No. 97–NM– while the airplane is in icing conditions. existence of approved alternative methods of 176–AD, 1601 Lind Avenue, SW., • All wing icing inspection lights must be compliance with this AD, if any, may be Renton, Washington 98055–4056. operative prior to flight into known or obtained from the Los Angeles ACO. Comments may be inspected at this forecast icing conditions at night. [NOTE: location between 9:00 a.m. and 3:00 This supersedes any relief provided by the (c) Special flight permits may be issued in Master Minimum Equipment List (MMEL).]’’ accordance with sections 21.197 and 21.199 p.m., Monday through Friday, except (2) Revise the FAA-approved AFM by of the Federal Aviation Regulations (14 CFR Federal holidays. incorporating the following into the 21.197 and 21.199) to operate the airplane to This information may be examined at Normal Procedures Section of the AFM. a location where the requirements of this AD the FAA, Transport Airplane This may be accomplished by inserting a can be accomplished. Directorate, 601 Lind Avenue, SW., copy of this AD in the AFM. Renton, Washington; or at the FAA, Issued in Renton, Washington, on Small Airplane Directorate, Atlanta ‘‘MAY BE CONDUCIVE TO SEVERE IN- September 10, 1997. FLIGHT ICING Aircraft Certification Office, One Crown Darrell M. Pederson, Center, 1895 Phoenix Boulevard, Suite • Visible rain at temperatures below 0 Acting Manager, Transport Airplane 450, Atlanta, Georgia. degrees Celsius ambient air temperature. Directorate, Aircraft Certification Service. • Droplets that splash or splatter on impact FOR FURTHER INFORMATION CONTACT: Tom at temperatures below 0 degrees Celsius [FR Doc. 97–24499 Filed 9–15–97; 8:45 am] Peters, Aerospace Engineer, Systems ambient air temperature. BILLING CODE 4910±13±U and Flight Test Branch, ACE–116A, Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48571

FAA, Small Airplane Directorate, FAA, Transport Airplane Directorate, airplane is operating in atmospheric Atlanta Aircraft Certification Office, ANM–103, Attention: Rules Docket No. conditions that are outside the icing One Crown Center, 1895 Phoenix 9–NM–176–AD, 1601 Lind Avenue, envelope. Boulevard, Suite 450, Atlanta, Georgia SW., Renton, Washington 98055–4056. Since such information is not 30349; telephone (770) 703–6063; fax Discussion available to flight crews, and no (770) 703–6097. airplane is certificated for operation in In October 1994, a transport category SUPPLEMENTARY INFORMATION: severe icing conditions, such as freezing airplane was involved in an accident in drizzle or SLD conditions, the FAA Comments Invited which severe icing conditions [believed finds that the potentially unsafe to be composed of freezing drizzle or Interested persons are invited to condition (described previously as supercooled large droplets (SLD)] were control difficulties following operation participate in the making of the reported in the area. Loss of control of of the airplane in icing conditions proposed rule by submitting such the airplane may have occurred because outside of the icing envelope) is not written data, views, or arguments as ice accretion on the upper surface of the limited to airplanes having the same they may desire. Communications shall wing aft of the area protected by the ice type design as that of the accident identify the Rules Docket number and protection system caused airflow airplane. be submitted in triplicate to the address separation, which resulted in the specified above. All communications ailerons being forced to a right-wing- The FAA recognizes that the flight received on or before the closing date down control position. There also is crew of any airplane that is certificated for comments, specified above, will be concern that the autopilot, which was for flight in icing conditions may not considered before taking action on the engaged, may have masked the unusual have adequate information concerning proposed rule. The proposals contained control forces generated by the ice flight in icing conditions outside the in this notice may be changed in light accumulation. These conditions, if not icing envelope. However, in 1996, the of the comments received. corrected, could result in a roll upset FAA found that the specified unsafe Comments are specifically invited on from which the flight crew may be condition must be addressed as a higher the overall regulatory, economic, unable to recover. priority on airplanes equipped with environmental, and energy aspects of The atmospheric conditions (freezing pneumatic deicing boots and the proposed rule. All comments drizzle or SLD conditions) that may unpowered roll control systems. These submitted will be available, both before have contributed to the accident are airplanes were addressed first because and after the closing date for comments, outside the icing envelope specified in the flight crew of an airplane having an in the Rules Docket for examination by Appendix C of part 25 of the Federal unpowered roll control system must interested persons. A report Aviation Regulations (14 CFR part 25) rely solely on physical strength to summarizing each FAA-public contact for certification of the airplane. Such counteract roll control anomalies, concerned with the substance of this icing conditions are not defined in whereas a roll control anomaly that proposal will be filed in the Rules Appendix C, and the FAA has not occurs on an airplane having a powered Docket. required that airplanes be shown to be roll control system need not be offset Commenters wishing the FAA to capable of operating safely in those directly by the flight crew. The FAA acknowledge receipt of their comments icing conditions. also placed a priority on airplanes that submitted in response to this notice The FAA finds that flight crews are are used in regularly scheduled must submit a self-addressed, stamped not currently provided with adequate passenger service. The FAA issued the postcard on which the following information necessary to determine following airworthiness directives (AD) statement is made: ‘‘Comments to when the airplane is operating in icing that addressed airplanes that met these Docket Number 97–NM–176–AD.’’ The conditions for which the airplane is not criteria. These AD’s identified visual postcard will be date stamped and certificated or what action to take when cues for recognizing severe icing returned to the commenter. such conditions are encountered. conditions, procedures for exiting these Therefore, the FAA has determined that conditions, and prohibitions on the use Availability of NPRMs flight crews must be provided with such of various flight control devices. These Any person may obtain a copy of this information and must be made aware of AD’s consisted of the following airplane NPRM by submitting a request to the certain visual cues that may indicate the models:

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3-SHERPA Series ...... 61 FR 2151 48572 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Federal Register Docket No. Manufacturer/airplane model citation

95-NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules, described below, also would provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions,and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered roll controls and pneumatic deicing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes:

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche. Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten±Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, and ±680FL(P). Beech Aircraft Corporation (Raytheon), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 58TCA, 60 series, 65±B80 series, 65± 97±CE±58±AD B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Beech Aircraft Corporation (Raytheon), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD . Piper Aircraft Corporation, Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000 Cessna Aircraft Company, Models P210N, T210N, P210R, 501, and 551 ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI±Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 550, and 560 Series Airplanes ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 97±NM±174±AD Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 97±NM±175±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 97±NM±176±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 97±NM±177±AD

The FAA’s Determination Explanation of the Provisions of the unusual lateral trim condition exists; Proposed AD and Following examination of all relevant • Require that all wing icing Since an unsafe condition has been information, the FAA has determined inspection lights be operative prior to identified in which an unrecoverable that certain limitations and procedures flight into known or forecast icing roll upset may occur as a result of should be included in the FAA– conditions at night. exposure to severe icing conditions that approved Airplane Flight Manual This proposed AD would also require are outside the icing limits for which (AFM) for the affected airplanes as revising the Normal Procedures Section the airplane was certificated, the follows: of the FAA-approved AFM to specify proposed AD would require revising the procedures that would: • All Lockheed Model L–14 and L–18 Limitations Section of the FAA- • Limit the use of the flaps and series airplanes must be prohibited from approved AFM to specify procedures prohibit the use of the autopilot when flight in severe icing conditions (as that would: ice is observed forming aft of the • determined by certain visual cues), and Require flight crews to immediately protected surfaces of the wing, or if • Flight crews must be provided with request priority handling from Air unusual lateral trim requirements or information that would minimize the Traffic Control to exit severe icing autopilot trim warnings are potential hazards associated with conditions (as determined by certain encountered; and visual cues); • Provide the flight crew with operating the airplane in severe icing • conditions. Prohibit flight in severe icing recognition cues for, and procedures for conditions (as determined by certain exiting from, severe icing conditions. The FAA has determined that such visual cues); limitations and procedures currently are • Prohibit use of the autopilot when Cost Impact not defined adequately in the AFM for ice is formed aft of the protected There are approximately 120 these airplanes. surfaces of the wing, or when an Lockheed Model L–14 and L–18 series Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48573 airplanes of the affected design in the The Proposed Amendment • During flight, severe icing conditions that exceed those for which the airplane is worldwide fleet. The FAA estimates that Accordingly, pursuant to the 109 airplanes of U.S. registry would be certificated shall be determined by the authority delegated to me by the following visual cues. If one or more of these affected by this proposed AD, that it Administrator, the Federal Aviation visual cues exists, immediately request would take approximately 1 work hour Administration proposes to amend part priority handling from Air Traffic Control to per airplane to accomplish the proposed 39 of the Federal Aviation Regulations facilitate a route or an altitude change to exit actions, and that the average labor rate (14 CFR part 39) as follows: the icing conditions. is $60 per work hour. Based on these —Unusually extensive ice accumulation on figures, the cost impact of the proposed PART 39ÐAIRWORTHINESS the airframe and windshield in areas not AD on U.S. operators is estimated to be DIRECTIVES normally observed to collect ice. $6,540, or $60 per airplane. —Accumulation of ice on the upper surface 1. The authority citation for part 39 of the wing aft of the protected area. The cost impact figure discussed continues to read as follows: —Accumulation of ice on the engine nacelles above is based on assumptions that no Authority: 49 U.S.C. 106(g), 40113, 44701. and propeller spinners farther aft than operator has yet accomplished any of normally observed. the proposed requirements of this AD § 39.13 [Amended] • Since the autopilot, when installed and action, and that no operator would 2. Section 39.13 is amended by operating, may mask tactile cues that indicate accomplish those actions in the future if adding the following new airworthiness adverse changes in handling characteristics, this AD were not adopted. directive: use of the autopilot is prohibited when any of the visual cues specified above exist, or In addition, the FAA recognizes that Lockheed: Docket 97–NM–176–AD. when unusual lateral trim requirements or the proposed action may impose Applicability: All Model L–14 and L–18 autopilot trim warnings are encountered operational costs. However, these costs series airplanes, certificated in any category. while the airplane is in icing conditions. • are incalculable because the frequency Note 1: This AD applies to each airplane All wing icing inspection lights must be of occurrence of the specified identified in the preceding applicability operative prior to flight into known or forecast icing conditions at night. [Note: This conditions and the associated additional provision, regardless of whether it has been modified, altered, or repaired in the area supersedes any relief provided by the Master flight time cannot be determined. Minimum Equipment List (MMEL).]’’ Nevertheless, because of the severity of subject to the requirements of this AD. For airplanes that have been modified, altered, or (2) Revise the FAA-approved AFM by the unsafe condition, the FAA has repaired so that the performance of the incorporating the following into the Normal determined that continued operational requirements of this AD is affected, the Procedures Section of the AFM. This may be safety necessitates the imposition of the owner/operator must request approval for an accomplished by inserting a copy of this AD costs. alternative method of compliance in in the AFM. accordance with paragraph (b) of this AD. ‘‘THE FOLLOWING WEATHER Regulatory Impact The request should include an assessment of CONDITIONS MAY BE CONDUCIVE TO the effect of the modification, alteration, or The regulations proposed herein SEVERE IN-FLIGHT ICING repair on the unsafe condition addressed by • would not have substantial direct effects this AD; and, if the unsafe condition has not Visible rain at temperatures below 0 degrees Celsius ambient air temperature. on theStates, on the relationship been eliminated, the request should include • specific proposed actions to address it. Droplets that splash or splatter on impact between the national government and at temperatures below 0 degrees Celsius the States, or on the distribution of Compliance: Required as indicated, unless ambient air temperature. power and responsibilities among the already accomplished. various levels of government. Therefore, To minimize the potential hazards PROCEDURES FOR EXITING THE SEVERE in accordance with Executive Order associated with operating the airplane in ICING ENVIRONMENT severe icing conditions by providing more These procedures are applicable to all 12612, it is determined that this clearly defined procedures and limitations proposal would not have sufficient flight phases from takeoff to landing. Monitor associated with such conditions, accomplish the ambient air temperature. While severe federalism implications to warrant the the following: icing may form at temperatures as cold as preparation of a Federalism Assessment. (a) Within 30 days after the effective date ¥18 degrees Celsius, increased vigilance is For the reasons discussed above, I of this AD, accomplish the requirements of warranted at temperatures around freezing paragraphs (a)(1) and (a)(2) of this AD. certify that this proposed regulation (1) with visible moisture present. If the visual Is not a ‘‘significant regulatory action’’ Note 2: Operators should initiate action to cues specified in the Limitations Section of notify and ensure that flight crewmembers under Executive Order 12866; (2) is not the AFM for identifying severe icing are apprised of this change. conditions are observed, accomplish the a ‘‘significant rule’’ under the DOT (1) Revise the FAA-approved Airplane following: Regulatory Policies and Procedures (44 Flight Manual (AFM) by incorporating the • Immediately request priority handling FR 11034, February 26, 1979); and (3) if following into the Limitations Section of the from Air Traffic Control to facilitate a route promulgated, will not have a significant AFM. This may be accomplished by inserting or an altitude change to exit the severe icing economic impact, positive or negative, a copy of this AD in the AFM. conditions in order to avoid extended exposure to flight conditions more severe on a substantial number of small entities ‘‘WARNING under the criteria of the Regulatory than those for which the airplane has been Flexibility Act. A copy of the draft Severe icing may result from certificated. environmental conditions outside of those for • Avoid abrupt and excessive regulatory evaluation prepared for this which the airplane is certificated. Flight in maneuvering that may exacerbate control action is contained in the Rules Docket. freezing rain, freezing drizzle, or mixed icing difficulties. A copy of it may be obtained by conditions (supercooled liquid water and ice • Do not engage the autopilot. contacting the Rules Docket at the crystals) may result in ice build-up on • If the autopilot is engaged, hold the location provided under the caption protected surfaces exceeding the capability of control wheel firmly and disengage the ADDRESSES. the ice protection system, or may result in ice autopilot. forming aft of the protected surfaces. This ice • If an unusual roll response or List of Subjects in 14 CFR Part 39 may not be shed using the ice protection uncommanded roll control movement is systems, and may seriously degrade the observed, reduce the angle-of-attack. Air transportation, Aircraft, Aviation performance and controllability of the • Do not extend flaps when holding in safety, Safety. airplane. icing conditions. Operation with flaps 48574 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules extended can result in a reduced wing angle- airplane in icing conditions, new proposal will be filed in the Rules of-attack, with the possibility of ice forming information on the icing environment, Docket. on the upper surface further aft on the wing and icing data provided currently to the Commenters wishing the FAA to than normal, possibly aft of the protected flight crews. The actions specified by acknowledge receipt of their comments area. the proposed AD are intended to submitted in response to this notice • If the flaps are extended, do not retract them until the airframe is clear of ice. minimize the potential hazards must submit a self-addressed, stamped • Report these weather conditions to Air associated with operating the airplane postcard on which the following Traffic Control.’’ in severe icing conditions by providing statement is made: ‘‘Comments to (b) An alternative method of compliance or more clearly defined procedures and Docket Number 97–NM–177–AD.’’ The adjustment of the compliance time that limitations associated with such postcard will be date stamped and provides an acceptable level of safety may be conditions. returned to the commenter. used if approved by the Manager, Atlanta DATES: Comments must be received by Availability of NPRMs Aircraft Certification Office (ACO), FAA, October 14, 1997. Small Airplane Directorate. The request shall Any person may obtain a copy of this ADDRESSES: Submit comments in be forwarded through an appropriate FAA NPRM by submitting a request to the triplicate to the Federal Aviation Operations Inspector, who may add FAA, Transport Airplane Directorate, Administration (FAA), Transport comments and then send it to the Manager, ANM–103, Attention: Rules Docket No. Atlanta ACO. Airplane Directorate, ANM–103, 97–NM–177–AD, 1601 Lind Avenue, Attention: Rules Docket No. 97-NM– Note 3: Information concerning the SW., Renton, Washington 98055–4056. existence of approved alternative methods of 177-AD, 1601 Lind Avenue, SW., compliance with this AD, if any, may be Renton, Washington 98055–4056. Discussion obtained from the Atlanta ACO. Comments may be inspected at this In October 1994, a transport category (c) Special flight permits may be issued in location between 9:00 a.m. and 3:00 airplane was involved in an accident in accordance with sections 21.197 and 21.199 p.m., Monday through Friday, except of the Federal Aviation Regulations (14 CFR which severe icing conditions [believed Federal holidays. to be composed of freezing drizzle or 21.197 and 21.199) to operate the airplane to This information may be examined at supercooled large droplets (SLD)] were a location where the requirements of this AD the FAA, Transport Airplane can be accomplished. reported in the area. Loss of control of Directorate, 601 Lind Avenue, SW., the airplane may have occurred because Issued in Renton, Washington, on Renton, Washington; or at the FAA, September 10, 1997. ice accretion on the upper surface of the Engine and Propeller Directorate, New wing aft of the area protected by the ice Darrell M. Pederson, York Aircraft Certification Office, 10 protection system caused airflow Acting Manager, Transport Airplane Fifth Street, 3rd Floor, Valley Stream, separation, which resulted in the Directorate, Aircraft Certification Service. New York. ailerons being forced to a right-wing- [FR Doc. 97–24498 Filed 9–15–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±13±U down control position. There also is Danko Kramar, Aerospace Engineer, concern that the autopilot, which was Systems and Flight Test Branch, ANE– engaged, may have masked the unusual 172, FAA, Engine and Propeller DEPARTMENT OF TRANSPORTATION control forces generated by the ice Directorate, New York Aircraft accumulation. These conditions, if not Federal Aviation Administration Certification Office, 10 Fifth Street, 3rd corrected, could result in a roll upset Floor, Valley Stream, New York 11581– from which the flight crew may be 14 CFR Part 39 1200; telephone (516) 256–7509; fax unable to recover. (516) 568–2716. [Docket No. 97±NM±177±AD] The atmospheric conditions (freezing SUPPLEMENTARY INFORMATION: drizzle or SLD conditions) that may RIN 2120±AA64 have contributed to the accident are Comments Invited outside the icing envelope specified in Airworthiness Directives; Fairchild Interested persons are invited to Appendix C of part 25 of the Federal Model F27 and FH227 Series Airplanes participate in the making of the Aviation Regulations (14 CFR part 25) AGENCY: Federal Aviation proposed rule by submitting such for certification of the airplane. Such Administration, DOT. written data, views, or arguments as icing conditions are not defined in ACTION: Notice of proposed rulemaking they may desire. Communications shall Appendix C, and the FAA has not (NPRM). identify the Rules Docket number and required that airplanes be shown to be be submitted in triplicate to the address capable of operating safely in those SUMMARY: This document proposes the specified above. All communications icing conditions. adoption of a new airworthiness received on or before the closing date The FAA finds that flight crews are directive (AD) that is applicable to all for comments, specified above, will be not currently provided with adequate Fairchild Model F27 and FH227 series considered before taking action on the information necessary to determine airplanes. This proposal would require proposed rule. The proposals contained when the airplane is operating in icing revising the Airplane Flight Manual in this notice may be changed in light conditions for which the airplane is not (AFM) to specify procedures that would of the comments received. certificated or what action to take when prohibit flight in severe icing conditions Comments are specifically invited on such conditions are encountered. (as determined by certain visual cues), the overall regulatory, economic, Therefore, the FAA has determined that limit or prohibit the use of various flight environmental, and energy aspects of flight crews must be provided with such control devices while in severe icing the proposed rule. All comments information and must be made aware of conditions, and provide the flight crew submitted will be available, both before certain visual cues that may indicate the with recognition cues for, and and after the closing date for comments, airplane is operating in atmospheric procedures for exiting from, severe icing in the Rules Docket for examination by conditions that are outside the icing conditions. This proposal is prompted interested persons. A report envelope. by results of a review of the summarizing each FAA-public contact Since such information is not requirements for certification of the concerned with the substance of this available to flight crews, and no Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48575 airplane is certificated for operation in flight in icing conditions outside the roll control system need not be offset severe icing conditions, such as freezing icing envelope. However, in 1996, the directly by the flight crew. The FAA drizzle or SLD conditions, the FAA FAA found that the specified unsafe also placed a priority on airplanes that finds that the potentially unsafe condition must be addressed as a higher are used in regularly scheduled condition (described previously as priority on airplanes equipped with passenger service. The FAA issued the control difficulties following operation pneumatic deicing boots and following airworthiness directives (AD) of the airplane in icing conditions unpowered roll control systems. These that addressed airplanes that met these outside of the icing envelope) is not airplanes were addressed first because criteria. These AD’s identified visual limited to airplanes having the same the flight crew of an airplane having an cues for recognizing severe icing type design as that of the accident unpowered roll control system must conditions, procedures for exiting these airplane. The FAA recognizes that the flight rely solely on physical strength to conditions, and prohibitions on the use crew of any airplane that is certificated counteract roll control anomalies, of various flight control devices. These for flight in icing conditions may not whereas a roll control anomaly that AD’s consisted of the following airplane have adequate information concerning occurs on an airplane having a powered models:

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175. 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183. 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180. 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172. 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178. 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189. 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186. 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144. 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142. 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139. 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169. 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166. 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157. 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 2163. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154. 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3-SHERPA Series ...... 61 FR 2151. 95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147.

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules, described below, also would provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered roll controls and pneumatic deicing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes:

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, and ±680FL(P). Beech Aircraft Corporation (Raytheon), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 58TCA, 60 series, 65±B80 series, 65± 97±CE±58±AD B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Beech Aircraft Corporation (Raytheon), Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD Piper Aircraft Corporation, Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, 501, and 551 ...... 97±CE±62±AD Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company, Models 500, 550, and 560 Series Airplanes ...... 97±NM±170±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 97±NM±171±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 97±NM±172±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 97±NM±173±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 97±NM±174±AD 48576 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

Airplane models Docket No.

Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 97±NM±175±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 97±NM±176±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 97±NM±177±AD

The FAA’s Determination • Provide the flight crew with Flexibility Act. A copy of the draft Following examination of all relevant recognition cues for, and procedures for regulatory evaluation prepared for this information, the FAA has determined exiting from, severe icing conditions. action is contained in the Rules Docket. A copy of it may be obtained by that certain limitations and procedures Cost Impact should be included in the FAA- contacting the Rules Docket at the There are approximately 426 approved Airplane Flight Manual location provided under the caption Fairchild Model F27 and FH227 series (AFM) for the affected airplanes as ‘‘ADDRESSES. airplanes of the affected design in the follows: List of Subjects in 14 CFR Part 39 • All Fairchild Model F27 and FH227 worldwide fleet. The FAA estimates that series airplanes must be prohibited from 47 airplanes of U.S. registry would be Air transportation, Aircraft, Aviation flight in severe icing conditions (as affected by this proposed AD, that it safety, Safety. would take approximately 1 work hour determined by certain visual cues), and The Proposed Amendment • Flight crews must be provided with per airplane to accomplish the proposed information that would minimize the actions, and that the average labor rate Accordingly, pursuant to the is $60 per work hour. Based on these potential hazards associated with authority delegated to me by the figures, the cost impact of the proposed operating the airplane in severe icing Administrator, the Federal Aviation AD on U.S. operators is estimated to be conditions. Administration proposes to amend part The FAA has determined that such $2,820, or $60 per airplane. The cost impact figure discussed 39 of the Federal Aviation Regulations limitations and procedures currently are (14 CFR part 39) as follows: not defined adequately in the AFM for above is based on assumptions that no these airplanes. operator has yet accomplished any of PART 39ÐAIRWORTHINESS the proposed requirements of this AD DIRECTIVES Explanation of the Provisions of the action, and that no operator would Proposed AD accomplish those actions in the future if 1. The authority citation for part 39 Since an unsafe condition has been this AD were not adopted. continues to read as follows: In addition, the FAA recognizes that identified in which an unrecoverable Authority: 49 U.S.C. 106(g), 40113, 44701. roll upset may occur as a result of the proposed action may impose operational costs. However, these costs exposure to severe icing conditions that §39.13 [Amended] are outside the icing limits for which are incalculable because the frequency the airplane was certificated, the of occurrence of the specified 2. Section 39.13 is amended by proposed AD would require revising the conditions and the associated additional adding the following new airworthiness Limitations Section of the FAA- flight time cannot be determined. directive: approved AFM to specify procedures Nevertheless, because of the severity of Fairchild Aircraft Corporation: Docket 97– that would: the unsafe condition, the FAA has NM–177–AD. • Require flight crews to immediately determined that continued operational Applicability: All Model F27 and FH227 request priority handling from Air safety necessitates the imposition of the series airplanes, certificated in any category. Traffic Control to exit severe icing costs. Note 1: This AD applies to each airplane conditions (as determined by certain Regulatory Impact identified in the preceding applicability visual cues); provision, regardless of whether it has been • Prohibit flight in severe icing The regulations proposed herein modified, altered, or repaired in the area conditions (as determined by certain would not have substantial direct effects subject to the requirements of this AD. For visual cues); on the States, on the relationship airplanes that have been modified, altered, or • Prohibit use of the autopilot when between the national government and repaired so that the performance of the ice is formed aft of the protected the States, or on the distribution of requirements of this AD is affected, the power and responsibilities among the owner/operator must request approval for an surfaces of the wing, or when an alternative method of compliance in unusual lateral trim condition exists; various levels of government. Therefore, accordance with paragraph (b) of this AD. and in accordance with Executive Order The request should include an assessment of • Require that all wing icing 12612, it is determined that this the effect of the modification, alteration, or inspection lights be operative prior to proposal would not have sufficient repair on the unsafe condition addressed by flight into known or forecast icing federalism implications to warrant the this AD; and, if the unsafe condition has not conditions at night. preparation of a Federalism Assessment. been eliminated, the request should include This proposed AD would also require For the reasons discussed above, I specific proposed actions to address it. revising the Normal Procedures Section certify that this proposed regulation (1) Compliance: Required as indicated, unless of the FAA-approved AFM to specify is not a ‘‘significant regulatory action’’ already accomplished. procedures that would: under Executive Order 12866; (2) is not To minimize the potential hazards • Limit the use of the flaps and a ‘‘significant rule’’ under the DOT associated with operating the airplane in prohibit the use of the autopilot when Regulatory Policies and Procedures (44 severe icing conditions by providing more clearly defined procedures and limitations ice is observed forming aft of the FR 11034, February 26, 1979); and (3) if associated with such conditions, accomplish protected surfaces of the wing, or if promulgated, will not have a significant the following: unusual lateral trim requirements or economic impact, positive or negative, (a) Within 30 days after the effective date autopilot trim warnings are on a substantial number of small entities of this AD, accomplish the requirements of encountered; and under the criteria of the Regulatory paragraphs (a)(1) and (a)(2) of this AD. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48577

Note 2: Operators should initiate action to cues specified in the Limitations Section of DEPARTMENT OF TRANSPORTATION notify and ensure that flight crewmembers the AFM for identifying severe icing are apprised of this change. conditions are observed, accomplish the Federal Aviation Administration (1) Revise the FAA-approved Airplane following: Flight Manual (AFM) by incorporating the • Immediately request priority handling 14 CFR Part 39 following into the Limitations Section of the from Air Traffic Control to facilitate a route AFM. This may be accomplished by inserting or an altitude change to exit the severe icing [Docket No. 97±NM±175±AD] a copy of this AD in the AFM. conditions in order to avoid extended ‘‘WARNING exposure to flight conditions more severe RIN 2120±AA64 than those for which the airplane has been Severe icing may result from Airworthiness Directives; Gulfstream certificated. environmental conditions outside of those for American (Frakes Aviation) Model G± which the airplane is certificated. Flight in • Avoid abrupt and excessive 73 (Mallard) and G±73T Series freezing rain, freezing drizzle, or mixed icing maneuvering that may exacerbate control conditions (supercooled liquid water and ice difficulties. Airplanes crystals) may result in ice build-up on • Do not engage the autopilot. AGENCY: Federal Aviation protected surfaces exceeding the capability of • If the autopilot is engaged, hold the the ice protection system, or may result in ice Administration, DOT. control wheel firmly and disengage the forming aft of the protected surfaces. This ice ACTION: Notice of proposed rulemaking may not be shed using the ice protection autopilot. • (NPRM). systems, and may seriously degrade the If an unusual roll response or performance and controllability of the uncommanded roll control movement is SUMMARY: This document proposes the airplane. observed, reduce the angle-of-attack. adoption of a new airworthiness • ′ During flight, severe icing conditions Do not extend flaps when holding in directive (AD) that is applicable to all that exceed those for which the airplane is icing conditions. Operation with flaps Gulfstream American (Frakes Aviation) certificated shall be determined by the extended can result in a reduced wing angle- following visual cues. If one or more of these Model G–73 (Mallard) and G–73T series of-attack, with the possibility of ice forming airplanes. This proposal would require visual cues exists, immediately request on the upper surface farther aft on the wing priority handling from Air Traffic Control to revising the Airplane Flight Manual than normal, possibly aft of the protected facilitate a route or an altitude change to exit (AFM) to specify procedures that would the icing conditions. area. prohibit flight in severe icing conditions • If the flaps are extended, do not retract —Unusually extensive ice accumulation on (as determined by certain visual cues), them until the airframe is clear of ice. the airframe and windshield in areas not limit or prohibit the use of various flight • Report these weather conditions to Air normally observed to collect ice. control devices while in severe icing Traffic Control.’’ —Accumulation of ice on the lower surface conditions, and provide the flight crew (b) An alternative method of compliance or of the wing aft of the protected area. with recognition cues for, and —Accumulation of ice on the engine nacelles adjustment of the compliance time that and propeller spinners farther aft than provides an acceptable level of safety may be procedures for exiting from, severe icing normally observed. used if approved by the Manager, New York conditions. This proposal is prompted • Since the autopilot, when installed and Aircraft Certification Office (ACO), FAA, by results of a review of the operating, may mask tactile cues that indicate Engine and Propeller Directorate. The request requirements for certification of the adverse changes in handling characteristics, shall be forwarded through an appropriate airplane in icing conditions, new use of the autopilot is prohibited when any FAA Operations Inspector, who may add information on the icing environment, of the visual cues specified above exist, or comments and then send it to the Manager, and icing data provided currently to the when unusual lateral trim requirements or New York ACO. flight crews. The actions specified by autopilot trim warnings are encountered the proposed AD are intended to Note 3: Information concerning the while the airplane is in icing conditions. minimize the potential hazards • All wing icing inspection lights must be existence of approved alternative methods of operative prior to flight into known or compliance with this AD, if any, may be associated with operating the airplane forecast icing conditions at night. [NOTE: obtained from the New York ACO. in severe icing conditions by providing This supersedes any relief provided by the more clearly defined procedures and (c) Special flight permits may be issued in Master Minimum Equipment List (MMEL).]’’ limitations associated with such (2) Revise the FAA-approved AFM by accordance with sections 21.197 and 21.199 conditions. incorporating the following into the Normal of the Federal Aviation Regulations (14 CFR DATES: Comments must be received by Procedures Section of the AFM. This may be 21.197 and 21.199) to operate the airplane to accomplished by inserting a copy of this AD a location where the requirements of this AD October 14, 1997. in the AFM. can be accomplished. ADDRESSES: Submit comments in triplicate to the Federal Aviation ‘‘THE FOLLOWING WEATHER Issued in Renton, Washington, on CONDITIONS MAY BE CONDUCIVE TO September 10, 1997. Administration (FAA), Transport SEVERE IN-FLIGHT ICING Darrell M. Pederson Acting Manager, Airplane Directorate, ANM–103, Attention: Rules Docket No. 97–NM– • Visible rain at temperatures below 0 Transport Airplane Directorate, Aircraft 175–AD, 1601 Lind Avenue, SW., degrees Celsius ambient air temperature. Certification Service. • Renton, Washington 98055–4056. Droplets that splash or splatter on impact [FR Doc. 97–24497 Filed 9–15–97; 8:45 am] at temperatures below 0 degrees Celsius Comments may be inspected at this ambient air temperature. BILLING CODE 4910±13±U location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except PROCEDURES FOR EXITING THE SEVERE ICING ENVIRONMENT: Federal holidays. This information may be examined at These procedures are applicable to all the FAA, Transport Airplane flight phases from takeoff to landing. Monitor the ambient air temperature. While severe Directorate, 601 Lind Avenue, SW., icing may form at temperatures as cold as Renton, Washington; or at the FAA, ¥18 degrees Celsius, increased vigilance is Rotorcraft Directorate, Airplane warranted at temperatures around freezing Certification Office, 1601 Meacham with visible moisture present. If the visual Boulevard, Fort Worth, Texas. 48578 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: FAA, Transport Airplane Directorate, airplane is operating in atmospheric Efrain Esparza, Aerospace Engineer, ANM–103, Attention: Rules Docket No. conditions that are outside the icing Airplane Certification Office, ASW–150, 97–NM–175/AD, 1601 Lind Avenue, envelope. FAA, Rotorcraft Directorate, 1601 SW., Renton, Washington 98055–4056. Since such information is not Meacham Boulevard, Fort Worth, Texas Discussion available to flight crews, and no 76137–4298; telephone (817) 222–5130; airplane is certificated for operation in In October 1994, a transport category fax (817) 222–5960. severe icing conditions, such as freezing airplane was involved in an accident in SUPPLEMENTARY INFORMATION: drizzle or SLD conditions, the FAA which severe icing conditions [believed finds that the potentially unsafe Comments Invited to be composed of freezing drizzle or condition (described previously as supercooled large droplets (SLD)] were Interested persons are invited to control difficulties following operation reported in the area. Loss of control of participate in the making of the of the airplane in icing conditions the airplane may have occurred because proposed rule by submitting such outside of the icing envelope) is not ice accretion on the upper surface of the written data, views, or arguments as limited to airplanes having the same wing aft of the area protected by the ice they may desire. Communications shall type design as that of the accident protection system caused airflow identify the Rules Docket number and airplane. be submitted in triplicate to the address separation, which resulted in the specified above. All communications ailerons being forced to a right-wing- The FAA recognizes that the flight received on or before the closing date down control position. There also is crew of any airplane that is certificated for comments, specified above, will be concern that the autopilot, which was for flight in icing conditions may not considered before taking action on the engaged, may have masked the unusual have adequate information concerning proposed rule. The proposals contained control forces generated by the ice flight in icing conditions outside the in this notice may be changed in light accumulation. These conditions, if not icing envelope. However, in 1996, the of the comments received. corrected, could result in a roll upset FAA found that the specified unsafe Comments are specifically invited on from which the flight crew may be condition must be addressed as a higher the overall regulatory, economic, unable to recover. priority on airplanes equipped with environmental, and energy aspects of The atmospheric conditions (freezing pneumatic deicing boots and the proposed rule. All comments drizzle or SLD conditions) that may unpowered roll control systems. These submitted will be available, both before have contributed to the accident are airplanes were addressed first because and after the closing date for comments, outside the icing envelope specified in the flight crew of an airplane having an in the Rules Docket for examination by Appendix C of part 25 of the Federal unpowered roll control system must interested persons. A report Aviation Regulations (14 CFR part 25) rely solely on physical strength to summarizing each FAA-public contact for certification of the airplane. Such counteract roll control anomalies, concerned with the substance of this icing conditions are not defined in whereas a roll control anomaly that proposal will be filed in the Rules Appendix C, and the FAA has not occurs on an airplane having a powered Docket. required that airplanes be shown to be roll control system need not be offset Commenters wishing the FAA to capable of operating safely in those directly by the flight crew. The FAA acknowledge receipt of their comments icing conditions. also placed a priority on airplanes that submitted in response to this notice The FAA finds that flight crews are are used in regularly scheduled must submit a self-addressed, stamped not currently provided with adequate passenger service. The FAA issued the postcard on which the following information necessary to determine following airworthiness directives (AD) statement is made: ‘‘Comments to when the airplane is operating in icing that addressed airplanes that met these Docket Number 97–NM–175–AD.’’ The conditions for which the airplane is not criteria. These AD’s identified visual postcard will be date stamped and certificated or what action to take when cues for recognizing severe icing returned to the commenter. such conditions are encountered. conditions, procedures for exiting these Therefore, the FAA has determined that conditions, and prohibitions on the use Availability of NPRMs flight crews must be provided with such of various flight control devices. These Any person may obtain a copy of this information and must be made aware of AD’s consisted of the following airplane NPRM by submitting a request to the certain visual cues that may indicate the models:

Federal Register Docket No. Manufacturer/airplane model citation

96±CE±01±AD ...... de Havilland DHC±6 Series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 Series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 Series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA226/SA227 Series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 Series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 Series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 Series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 Series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 Series ...... 61 FR 213. 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 Series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 Series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA Series ...... 61 FR 2151 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48579

Federal Register Docket No. Manufacturer/airplane model citation

95±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 Series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules, described below, also would provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered roll controls and pneumatic deicing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes:

Airplane models Docket No.

Aerospace Technologies of Australia, Models N22B and N24A ...... 97±CE±49±AD. Harbin Aircraft Mfg. Corporation, Model Y12 IV ...... 97±CE±50±AD. Partenavia Costruzioni Aeronauticas, S.p.A., Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD. Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A., Model P±180 ...... 97±CE±52±AD. Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 ...... 97±CE±53±AD. Pilatus Britten-Norman Ltd., Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD. SOCATAÐGroupe Aerospatiale, Model TBM±700 ...... 97±CE±55±AD. Aerostar Aircraft Corporation, Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD. Twin Commander Aircraft Corporation, Models 500, ±500±A, ±500±B, ±600±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD. F, ±680, ±680±E, and ±680FL(P). Beech Aircraft Corporation (Raytheon), Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 58TCA, 60 series, 65±B80 series, 65± 97±CE±58±AD. B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Beech Aircraft Corporation (Raytheon), Model 2000 ...... 97±CE±59±AD. The New Piper Aircraft, Inc., Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD. Piper Aircraft Corporation, Models PA±23, PA±23±160, PA±23±235, PA±23±250, PA-E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD. 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company, Models P210N, T210N, P210R, 501, and 551 ...... 97±CE±62±AD. Cessna Aircraft Company, Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD. 441. SIAI-Marchetti S.r.I. (Augusta), Models SF600 and SF600A ...... 97±CE±64±AD. Cessna Aircraft Company, Models 500, 550, and 560 Series Airplanes ...... 97±NM±170± AD. Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 97±NM±171± AD. Gulfstream Aerospace, Model G±159 Series Airplanes ...... 97±NM±172± AD. McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 97±NM±173± AD. Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 97±NM±174± AD. Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 97±NM±175± AD. Lockheed, Models L±14 and L±18 Series Airplanes ...... 97±NM±176± AD. Fairchild, Models F27 and FH227 Series Airplanes ...... 97±NM±177± AD.

The FAA’s Determination The FAA has determined that such • Require flight crews to immediately Following examination of all relevant limitations and procedures currently are request priority handling from Air information, the FAA has determined not defined adequately in the AFM for Traffic Control to exit severe icing that certain limitations and procedures these airplanes. conditions (as determined by certain visual cues); should be included in the FAA- Explanation of the Provisions of the approved Airplane Flight Manual • Proposed AD Prohibit flight in severe icing (AFM) for the affected airplanes as conditions (as determined by certain follows: Since an unsafe condition has been visual cues); • All Gulfstream American (Frakes identified in which an unrecoverable • Prohibit use of the autopilot when Aviation) Model G–73 (Mallard) and G– roll upset may occur as a result of ice is formed aft of the protected 73T series airplanes must be prohibited exposure to severe icing conditions that from flight in severe icing conditions (as surfaces of the wing, or when an are outside the icing limits for which determined by certain visual cues), and unusual lateral trim condition exists; • Flight crews must be provided with the airplane was certificated, the and information that would minimize the proposed AD would require revising the • Require that all wing icing potential hazards associated with Limitations Section of the FAA- inspection lights be operative prior to operating the airplane in severe icing approved AFM to specify procedures flight into known or forecast icing conditions. that would: conditions at night. 48580 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

This proposed AD would also require FR 11034, February 26, 1979); and (3) if (1) Revise the FAA-approved Airplane revising the Normal Procedures Section promulgated, will not have a significant Flight Manual (AFM) by incorporating the of the FAA-approved AFM to specify economic impact, positive or negative, following into the Limitations Section of the AFM. This may be accomplished by inserting procedures that would: on a substantial number of small entities a copy of this AD in the AFM. • Limit the use of the flaps and under the criteria of the Regulatory prohibit the use of the autopilot when Flexibility Act. A copy of the draft ‘‘WARNING ice is observed forming aft of the regulatory evaluation prepared for this Severe icing may result from protected surfaces of the wing, or if action is contained in the Rules Docket. environmental conditions outside of those for unusual lateral trim requirements or A copy of it may be obtained by which the airplane is certificated. Flight in autopilot trim warnings are contacting the Rules Docket at the freezing rain, freezing drizzle, or mixed icing conditions (supercooled liquid water and ice encountered; and location provided under the caption • crystals) may result in ice build-up on Provide the flight crew with ADDRESSES. protected surfaces exceeding the capability of recognition cues for, and procedures for List of Subjects in 14 CFR Part 39 the ice protection system, or may result in ice exiting from, severe icing conditions. forming aft of the protected surfaces. This ice Air transportation, Aircraft, Aviation Cost Impact may not be shed using the ice protection safety, Safety. systems, and may seriously degrade the There are approximately 8 Gulfstream performance and controllability of the America (Frakes Aviation) Model G–73 The Proposed Amendment airplane. (Mallard) and G–73T series airplanes of Accordingly, pursuant to the • During flight, severe icing conditions the affected design in the worldwide authority delegated to me by the that exceed those for which the airplane is Administrator, the Federal Aviation certificated shall be determined by the fleet. The FAA estimates that 5 following visual cues. If one or more of these airplanes of U.S. registry would be Administration proposes to amend part visual cues exists, immediately request affected by this proposed AD, that it 39 of the Federal Aviation Regulations priority handling from Air Traffic Control to would take approximately 1 work hour (14 CFR part 39) as follows: facilitate a route or an altitude change to exit per airplane to accomplish the proposed the icing conditions. actions, and that the average labor rate PART 39ÐAIRWORTHINESS —Unusually extensive ice accumulation on is $60 per work hour. Based on these DIRECTIVES the airframe and windshield in areas not figures, the cost impact of the proposed normally observed to collect ice. 1. The authority citation for part 39 —Accumulation of ice on the lower surface AD on U.S. operators is estimated to be continues to read as follows: $300, or $60 per airplane. of the wing aft of the protected area. Authority: 49 U.S.C. 106(g), 40113, 44701. —-Accumulation of ice on the engine The cost impact figure discussed nacelles and propeller spinners farther aft above is based on assumptions that no §39.13 [Amended] than normally observed. operator has yet accomplished any of • 2. Section 39.13 is amended by Since the autopilot, when installed and the proposed requirements of this AD operating, may mask tactile cues that indicate action, and that no operator would adding the following new airworthiness adverse changes in handling characteristics, accomplish those actions in the future if directive: use of the autopilot is prohibited when any this AD were not adopted. Gulfstream American (Frakes Aviation): of the visual cues specified above exist, or In addition, the FAA recognizes that Docket 97–NM–175–AD. when unusual lateral trim requirements or the proposed action may impose Applicability: All Model G–73 (Mallard) autopilot trim warnings are encountered while the airplane is in icing conditions. operational costs. However, these costs and G–73T series airplanes, certificated in • any category. All wing icing inspection lights must be are incalculable because the frequency operative prior to flight into known or of occurrence of the specified Note 1: This AD applies to each airplane forecast icing conditions at night. [NOTE: conditions and the associated additional identified in the preceding applicability This supersedes any relief provided by the flight time cannot be determined. provision, regardless of whether it has been Master Minimum Equipment List (MMEL).]’’ Nevertheless, because of the severity of modified, altered, or repaired in the area (2) Revise the FAA-approved AFM by subject to the requirements of this AD. For incorporating the following into the Normal the unsafe condition, the FAA has airplanes that have been modified, altered, or determined that continued operational Procedures Section of the AFM. This may be repaired so that the performance of the accomplished by inserting a copy of this AD safety necessitates the imposition of the requirements of this AD is affected, the in the AFM. costs. owner/operator must request approval for an alternative method of compliance in ‘‘THE FOLLOWING WEATHER Regulatory Impact accordance with paragraph (b) of this AD. CONDITIONS MAY BE CONDUCIVE TO The regulations proposed herein The request should include an assessment of SEVERE IN-FLIGHT ICING would not have substantial direct effects the effect of the modification, alteration, or • Visible rain at temperatures below 0 on the States, on the relationship repair on the unsafe condition addressed by degrees Celsius ambient air temperature. this AD; and, if the unsafe condition has not • Droplets that splash or splatter on impact between the national government and been eliminated, the request should include the States, or on the distribution of at temperatures below 0 degrees Celsius specific proposed actions to address it. ambient air temperature. power and responsibilities among the Compliance: Required as indicated, unless various levels of government. Therefore, already accomplished. PROCEDURES FOR EXITING THE SEVERE in accordance with Executive Order To minimize the potential hazards ICING ENVIRONMENT 12612, it is determined that this associated with operating the airplane in These procedures are applicable to all proposal would not have sufficient severe icing conditions by providing more flight phases from takeoff to landing. Monitor federalism implications to warrant the clearly defined procedures and limitations the ambient air temperature. While severe preparation of a Federalism Assessment. associated with such conditions, accomplish icing may form at temperatures as cold as the following: ¥18 degrees Celsius, increased vigilance is For the reasons discussed above, I (a) Within 30 days after the effective date certify that this proposed regulation (1) warranted at temperatures around freezing of this AD, accomplish the requirements of with visible moisture present. If the visual is not a ‘‘significant regulatory action’’ paragraphs (a)(1) and (a)(2) of this AD. cues specified in the Limitations Section of under Executive Order 12866; (2) is not Note 2: Operators should initiate action to the AFM for identifying severe icing a ‘‘significant rule’’ under the DOT notify and ensure that flight crewmembers conditions are observed, accomplish the Regulatory Policies and Procedures (44 are apprised of this change. following: Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48581

• Immediately request priority handling ACTION: Notice of proposed rulemaking above, will be considered before taking from Air Traffic Control to facilitate a route (NPRM). action on the proposed rule. The or an altitude change to exit the severe icing proposals contained in this notice may conditions in order to avoid extended SUMMARY: This document proposes to be changed in light of the comments exposure to flight conditions more severe adopt a new airworthiness directive received. than those for which the airplane has been (AD) that would apply to Aerostar certificated. Comments are specifically invited on • Aircraft Corporation (Aerostar) Models the overall regulatory, economic, Avoid abrupt and excessive PA–60–600, PA–60–601, PA–60–601P, maneuvering that may exacerbate control environmental, and energy aspects of difficulties. PA–60–602P, and PA–60–700P the proposed rule. All comments • Do not engage the autopilot. airplanes. This proposal would require submitted will be available, both before • If the autopilot is engaged, hold the revising the FAA-approved Airplane and after the closing date for comments, control wheel firmly and disengage the Flight Manual (AFM) to specify in the Rules Docket for examination by autopilot. procedures that would prohibit flight in interested persons. A report that • If an unusual roll response or severe icing conditions (as determined summarizes each FAA-public contact uncommanded roll control movement is by certain visual cues), limit or prohibit concerned with the substance of this observed, reduce the angle-of-attack. • the use of various flight control devices proposal will be filed in the Rules Do not extend flaps when holding in while in severe icing conditions, and icing conditions. Operation with flaps Docket. extended can result in a reduced wing angle- provide the flight crew with recognition Commenters wishing the FAA to of-attack, with the possibility of ice forming cues for, and procedures for exiting acknowledge receipt of their comments on the upper surface further aft on the wing from, severe icing conditions. The submitted in response to this notice than normal, possibly aft of the protected proposed AD is prompted by the results must submit a self-addressed, stamped area. of a review of the requirements for postcard on which the following • If the flaps are extended, do not retract certification of these airplanes in icing statement is made: ‘‘Comments to them until the airframe is clear of ice. conditions, new information on the • Docket No. 97–CE–56–AD.’’ The Report these weather conditions to Air icing environment, and icing data postcard will be date stamped and Traffic Control.’’ provided currently to the flight crew. (b) An alternative method of compliance or returned to the commenter. The actions specified by the proposed adjustment of the compliance time that Availability of NPRMs provides an acceptable level of safety may be AD are intended to minimize the used if approved by the Manager, Dallas potential hazards associated with Any person may obtain a copy of this Airplane Certification Office (ACO), ASW– operating these airplanes in severe icing NPRM by submitting a request to the 150, FAA, Rotorcraft Directorate. The request conditions by providing more clearly FAA, Central Region, Office of the shall be forwarded through an appropriate defined procedures and limitations Assistant Chief Counsel, Attention: FAA Operations Inspector, who may add associated with such conditions. Rules Docket No. 97–CE–56–AD, Room comments and then send it to the Manager, DATES: 1558, 601 E. 12th Street, Kansas City, Dallas ACO. Comments must be received on or before October 14, 1997. Missouri 64106. Note 3: Information concerning the existence of approved alternative methods of ADDRESSES: Submit comments in Discussion compliance with this AD, if any, may be triplicate to the Federal Aviation In October 1994, a transport category obtained from the Dallas ACO. Administration (FAA), Central Region, airplane was involved in an accident in (c) Special flight permits may be issued in Office of the Assistant Chief Counsel, which severe icing conditions (believed accordance with sections 21.197 and 21.199 Attention: Rules Docket No. 97–CE–56– to be composed of freezing drizzle or of the Federal Aviation Regulations (14 CFR AD, Room 1558, 601 E. 12th Street, supercooled large droplets (SLD)) were 21.197 and 21.199) to operate the airplane to Kansas City, Missouri 64106. Comments a location where the requirements of this AD reported in the area. Loss of control of may be inspected at this location the airplane may have occurred because can be accomplished. between 8 a.m. and 4 p.m., Monday Issued in Renton, Washington, on ice accretion on the upper surface of the through Friday, holidays excepted. wing aft of the area protected by the ice September 10, 1997. This information also may be Darrell M. Pederson, protection system caused airflow examined at the Rules Docket at the separation, which resulted in the Acting Manager, Transport Airplane address above. Directorate, Aircraft Certification Service. ailerons being forced to a right-wing- FOR FURTHER INFORMATION CONTACT: Mr. down control position. There also is [FR Doc. 97–24496 Filed 9–15–97; 8:45 am] John P. Dow, Sr., Aerospace Engineer, concern that the autopilot, which was BILLING CODE 4910±13±U Small Airplane Directorate, Aircraft engaged, may have masked the unusual Certification Service, 1201 Walnut, suite control forces generated by the ice 900, Kansas City, Missouri 64106, DEPARTMENT OF TRANSPORTATION accumulation. These conditions, if not telephone (816) 426–6932, facsimile corrected, could result in a roll upset (816) 426–2169. Federal Aviation Administration from which the flight crew may be SUPPLEMENTARY INFORMATION: unable to recover. 14 CFR Part 39 The atmospheric conditions (freezing Comments Invited drizzle or SLD conditions) that may [Docket No. 97±CE±56±AD] Interested persons are invited to have contributed to the accident are participate in the making of the outside the icing envelope specified in RIN 2120±AA64 proposed rule by submitting such Appendix C of part 25 of the Federal Airworthiness Directives; Aerostar written data, views, or arguments as Aviation Regulations (14 CFR part 25) Aircraft Corporation Models PA±60± they may desire. Communications for certification of the airplane. Such 600, PA±60±601, PA±60±601P, PA±60± should identify the Rules Docket icing conditions are not defined in 602P, and PA±60±700P Airplanes number and be submitted in triplicate to Appendix C, and the FAA has not the address specified above. All required that airplanes be shown to be AGENCY: Federal Aviation communications received on or before capable of operating safely in those Administration, DOT. the closing date for comments, specified icing conditions. 48582 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

The FAA finds that flight crews are condition (described previously as unpowered roll control system must not currently provided with adequate control difficulties following operation rely solely on physical strength to information necessary to determine of the airplane in icing conditions counteract roll control anomalies, when the airplane is operating in icing outside the icing envelope) is not whereas a roll control anomaly that conditions for which the airplane is not limited to airplanes having the same occurs on an airplane having a powered certificated or what action to take when type design as that of the accident roll control system need not be offset such conditions are encountered. airplane. directly by the flight crew. The FAA Therefore, the FAA has determined that The FAA recognizes that the flight also placed a priority on airplanes that crew of any airplane that is certificated flight crews must be provided with such are used in regularly scheduled information and must be made aware of for flight in icing conditions may not passenger service. The FAA issued the certain visual cues that may indicate the have adequate information concerning following airworthiness directives airplane is operating in atmospheric icing conditions outside the icing (AD’s) that addressed airplanes that met conditions that are outside the icing envelope. However, in 1996, the FAA envelope. found that the specified unsafe these criteria. These AD’s identified Since such information is not condition must be addressed as a higher visual cues for recognizing severe icing available to flight crews, and no priority on airplanes equipped with conditions, procedures for exiting these airplane is certificated for operation in unpowered roll control systems and conditions, and prohibitions on the use severe icing conditions, such as freezing pneumatic de-icing boots. These of various flight control devices. These drizzle or SLD conditions, the FAA airplanes were addressed first because AD’s consisted of the following airplane finds that the potentially unsafe the flight crew of an airplane having an models.

Docket No. Manufacturer/airplane model Federal Register citation

96±CE±01±AD ...... de Havilland DHC±6 series ...... 61 FR 2175 96±CE±02±AD ...... EMBRAER EMB±110P1/EMB±110P2 ...... 61 FR 2183 96±CE±03±AD ...... Beech 99/200/1900 series ...... 61 FR 2180 96±CE±04±AD ...... Dornier 228 series ...... 61 FR 2172 96±CE±05±AD ...... Cessna 208/208B ...... 61 FR 2178 96±CE±06±AD ...... Fairchild Aircraft SA 226/SA227 series ...... 61 FR 2189 96±CE±07±AD ...... Jetstream 3101/3201 ...... 61 FR 2186 96±NM±13±AD ...... Jetstream BAe ATP ...... 61 FR 2144 96±NM±14±AD ...... Jetstream 4101 ...... 61 FR 2142 96±NM±15±AD ...... British Aerospace HS 748 series ...... 61 FR 2139 96±NM±16±AD ...... Saab SF340A/SAAB 340B/SAAB 2000 series ...... 61 FR 2169 96±NM±17±AD ...... CASA C±212/CN±235 series ...... 61 FR 2166 96±NM±18±AD ...... Dornier 328±100 series ...... 61 FR 2157 96±NM±19±AD ...... EMBRAER EMB±120 series ...... 61 FR 2163 96±NM±20±AD ...... de Havilland DHC±7/DHC±8 series ...... 61 FR 2154 96±NM±21±AD ...... Fokker F27 Mark 100/200/300/400/500/600/700/050 series ...... 61 FR 2160 96±NM±22±AD ...... Short Brothers SD3±30/SD3±60/SD3±SHERPA series ...... 61 FR 2151 96±NM±146±AD ...... Aerospatiale ATR±42/ATR±72 series ...... 61 FR 2147

Since issuance of those AD’s, the FAA has determined that similar AD’s should be issued for similarly equipped airplanes that are not used in regularly scheduled passenger service. Like the AD’s written in 1996, the proposed rules described below would also provide visual cues for recognizing severe icing conditions, procedures for exiting these conditions, and prohibitions on the use of various flight control devices. These proposed rules would apply to part 25 and certain part 23 airplanes that are equipped with unpowered aileron controls and pneumatic de-icing boots. The part 23 NPRM’s address airplanes certificated in normal and utility categories (not used in agricultural operations) that are used in part 135 on-demand and air-taxi operation, and other airplanes regularly exposed to icing conditions. The proposed rules affect the following airplanes.

Airplane models Docket No.

Aerospace Technologies of Australia Models N22B and N24A ...... 97±CE±49±AD Harbin Aircraft Mfg. Corporation Model Y12 IV ...... 97±CE±50±AD Partenavia Costruzioni Aeronauticas, S.p.A. Models P68, AP68TP 300, AP68TP 600 ...... 97±CE±51±AD Industrie Aeronautiche e Meccaniche Rinaldo Piaggio S.p.A. Model P±180 ...... 97±CE±52±AD Pilatus Aircraft Ltd. Models PC±12 and PC±12/45 ...... 97±CE±53±AD Pilatus Britten-Norman Ltd. Models BN±2A, BN±2B, and BN±2T ...... 97±CE±54±AD SOCATAÐGroupe Aerospatiale Model TBM±700 ...... 97±CE±55±AD Aerostar Aircraft Corporation Models PA±60±600, ±601, ±601P, ±602P, and ±700P ...... 97±CE±56±AD Twin Commander Aircraft Corporation Models 500, ±500±A, ±500±B, ±500±S, ±500±U, ±520, ±560, ±560±A, ±560±E, ±560± 97±CE±57±AD F, ±680, ±680±E, ±680FL(P), ±680T, ±680V, ±680W, ±681, ±685, ±690, ±690A, ±690B, ±690C, ±690D, ±695, ±695A, and ±695B. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation) Models E55, E55A, 58, 58A, 58P, 58PA, 58TC, 97±CE±58±AD 58TCA, 60 series, 65±B80 series, 65±B±90 series, 90 series, F90 series, 100 series, 300 series, and B300 series. Raytheon Aircraft Company (formerly known as Beech Aircraft Corporation) Model 2000 ...... 97±CE±59±AD The New Piper Aircraft, Inc. Models PA±46 ±310P and PA±46±350P ...... 97±CE±60±AD The New Piper Aircraft, Inc. Models PA±23, PA±23±160, PA±23±235, A±23±250, PA±E23±250, PA±30, PA±39, PA±40, PA± 97±CE±61±AD 31, PA±31±300, PA±31±325, PA±31±350, PA±34±200, PA±34±200T, PA±34±220T, PA±42, PA±42±720, PA±42±1000. Cessna Aircraft Company Models P210N, T210N, P210R, and 337 series ...... 97±CE±62±AD Cessna Aircraft Company Models T303, 310R, T310R, 335, 340A, 402B, 402C, 404, F406, 414, 414A, 421B, 421C, 425, and 97±CE±63±AD 441. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48583

Airplane models Docket No.

SIAI-Marchetti S.r.I. (Augusta) Models SF600 and SF600A ...... 97±CE±64±AD Cessna Aircraft Company Models 500, 501, 550, 551, and 560 series ...... 97±NM±170±AD Sabreliner Corporation Models 40, 60, 70, and 80 series ...... 97±NM±171±AD Gulfstream Aerospace Model G±159 series ...... 97±NM±172±AD McDonnell Douglas Models DC±3 and DC±4 series ...... 97±NM±173±AD Mitsubishi Heavy Industries Model YS±11 and YS±11A series ...... 97±NM±174±AD Frakes Aviation Model G±73 (Mallard) and G±73T series ...... 97±NM±175±AD Fairchild Models F27 and FH227 series ...... 97±NM±176±AD Lockheed Models ...... 97±NM±177±AD

The FAA’s Determination • provide the flight crew with For the reasons discussed above, I Following examination of all relevant recognition cues for, and procedures for certify that this action (1) is not a information, the FAA has determined exiting from, severe icing conditions. ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a that certain limitations and procedures Cost Impact should be included in the FAA- ‘‘significant rule’’ under DOT approved Airplane Flight Manual The FAA estimates that 526 airplanes Regulatory Policies and Procedures (44 (AFM) for the affected airplanes as in the U.S. registry would be affected by FR 11034, February 26, 1979); and (3) if follows: the proposed AD, that it would take promulgated, will not have a significant • All Aerostar Models PA–60–600, approximately 1 workhour per airplane economic impact, positive or negative, PA–60–601, PA–60–601P, PA–60–602P, to accomplish the proposed action, and on a substantial number of small entities and PA–60–700P airplanes must be that the average labor rate is under the criteria of the Regulatory prohibited from flight in severe icing approximately $60 an hour. Since an Flexibility Act. A copy of the draft conditions (as determined by certain owner/operator who holds at least a regulatory evaluation prepared for this visual cues), and private pilot’s certificate as authorized action has been placed in the Rules • Flight crews must be provided with by sections 43.7 and 43.11 of the Docket. A copy of it may be obtained by information that would minimize the Federal Aviation Regulations (14 CFR contacting the Rules Docket at the potential hazards associated with 47.7 and 43.11) can accomplish the location provided under the caption operating the airplane in severe icing proposed action, the only cost impact ADDRESSES. conditions. upon the public is the time it would List of Subjects in 14 CFR Part 39 The FAA has determined that such take the affected airplane owners/ limitations and procedures currently are operators to incorporate the proposed Air transportation, Aircraft, Aviation not defined adequately in the AFM for AFM revisions. safety, Safety. these airplanes. The cost impact figure discussed The Proposed Amendment Explanation of the Provisions of the above is based on assumptions that no Accordingly, pursuant to the Proposed AD operator has yet accomplished any of authority delegated to me by the the proposed requirements of this AD Administrator, the Federal Aviation Since an unsafe condition has been action, and that no operator would identified in which an unrecoverable Administration proposes to amend part accomplish those actions in the future if 39 of the Federal Aviation Regulations roll upset may occur, as a result of this AD were not adopted. exposure to severe icing conditions that (14 CFR part 39) as follows: are outside the icing limits for which In addition, the FAA recognizes that the proposed action may impose PART 39ÐAIRWORTHINESS the airplanes were certificated, the DIRECTIVES proposed AD would require revising the operational costs. However, these costs Limitations Section of the FAA- are incalculable because the frequency 1. The authority citation for part 39 approved AFM to specify procedures of occurrence of the specified continues to read as follows: conditions and the associated additional that would: Authority: 49 USC 106(g), 40113, 44701. • require flight crews to immediately flight time cannot be determined. Nevertheless, because of the severity of request priority handling from Air §39.13 [Amended] Traffic Control to exit severe icing the unsafe condition, the FAA has determined that continued operational 2. Section 39.13 is amended by conditions (as determined by certain adding a new airworthiness directive visual cues); safety necessitates the imposition of the • costs. (AD) to read as follows: require that all icing wing Aerostar Aircraft Corporation: Docket No. inspection lights be operative prior to Regulatory Impact 97-CE–56-AD. flight into known or forecast icing Applicability: Models PA–60–600, PA–60– conditions at night. The regulations proposed herein 601, PA–60–601P, PA–60–602P, and PA–60– This proposed AD would also require would not have substantial direct effects 700P airplanes (all serial numbers), revising the Normal Procedures Section on the States, on the relationship certificated in any category. of the FAA-approved AFM to specify between the national government and Note 1: This AD applies to each airplane procedures that would: the States, or on the distribution of identified in the preceding applicability • limit the use of the flaps and power and responsibilities among the provision, regardless of whether it has been prohibit the use of the autopilot when various levels of government. Therefore, modified, altered, or repaired in the area ice is observed forming aft of the in accordance with Executive Order subject to the requirements of this AD. For airplanes that have been modified, altered, or protected surfaces of the wing, or if 12612, it is determined that this repaired so that the performance of the unusual lateral trim requirements or proposal would not have sufficient requirements of this AD is affected, the autopilot trim warnings are federalism implications to warrant the owner/operator must request approval for an encountered; and preparation of a Federalism Assessment. alternative method of compliance in 48584 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules accordance with paragraph (d) of this AD. ‘‘THE FOLLOWING WEATHER compliance with this AD, if any, may be The request should include an assessment of CONDITIONS MAY BE CONDUCIVE TO obtained from the Small Airplane the effect of the modification, alteration, or SEVERE IN-FLIGHT ICING: Directorate. repair on the unsafe condition addressed by • Visible rain at temperatures below 0 (e) All persons affected by this directive this AD; and, if the unsafe condition has not degrees Celsius ambient air temperature. may examine information related to this AD been eliminated, the request should include • Droplets that splash or splatter on impact at the FAA, Central Region, Office of the specific proposed actions to address it. at temperatures below 0 degrees Celsius Assistant Chief Counsel, Room 1558, 601 E. Compliance: Required as indicated, unless ambient air temperature. 12th Street, Kansas City, Missouri 64106. already accomplished. PROCEDURES FOR EXITING THE SEVERE Issued in Kansas City, Missouri, on To minimize the potential hazards ICING ENVIRONMENT: September 9, 1997. associated with operating the airplane in James E. Jackson, severe icing conditions by providing more These procedures are applicable to all clearly defined procedures and limitations flight phases from takeoff to landing. Monitor Acting Manager, Small Airplane Directorate, associated with such conditions, accomplish the ambient air temperature. While severe Aircraft Certification Service. the following: icing may form at temperatures as cold as -18 [FR Doc. 97–24485 Filed 9–15–97; 8:45 am] (a) Within 30 days after the effective date degrees Celsius, increased vigilance is BILLING CODE 4910±13±U of this AD, accomplish the requirements of warranted at temperatures around freezing paragraphs (a)(1) and (a)(2) of this AD. with visible moisture present. If the visual cues specified in the Limitations Section of Note 2: Operators should initiate action to the AFM for identifying severe icing DEPARTMENT OF TRANSPORTATION notify and ensure that flight crewmembers conditions are observed, accomplish the are apprised of this change. following: Office of the Secretary (1) Revise the FAA-approved Airplane • Immediately request priority handling Flight Manual (AFM) by incorporating the from Air Traffic Control to facilitate a route 14 CFR Part 260 following into the Limitations Section of the or an altitude change to exit the severe icing [Docket No. OST±97±2622] AFM. This may be accomplished by inserting conditions in order to avoid extended a copy of this AD in the AFM. exposure to flight conditions more severe Truth in Airfares ‘‘WARNING than those for which the airplane has been Severe icing may result from certificated. AGENCY: Office of the Secretary, DOT. • Avoid abrupt and excessive environmental conditions outside of those for ACTION: Request for comments, petition which the airplane is certificated. Flight in maneuvering that may exacerbate control difficulties. for rulemaking. freezing rain, freezing drizzle, or mixed icing • conditions (supercooled liquid water and ice Do not engage the autopilot. • If the autopilot is engaged, hold the SUMMARY: The Department is inviting crystals) may result in ice build-up on interested persons to comment on a protected surfaces exceeding the capability of control wheel firmly and disengage the autopilot. petition for rulemaking filed by the ice protection system, or may result in ice • If an unusual roll response or Consumers Union of U.S., Inc. (‘‘CU’’) forming aft of the protected surfaces. This ice uncommanded roll control movement is may not be shed using the ice protection on June 16, 1997. The petition asks the observed, reduce the angle-of-attack. Department to establish a ‘‘Truth in systems, and may seriously degrade the • Do not extend flaps when holding in Airfares’’ regulation that would require performance and controllability of the icing conditions. Operation with flaps airplane. commercial passenger carriers to • extended can result in a reduced wing angle- During flight, severe icing conditions of-attack, with the possibility of ice forming disclose directly to consumers the most that exceed those for which the airplane is on the upper surface further aft on the wing recently available average fare and certificated shall be determined by the than normal, possibly aft of the protected lowest fare charged by the carrier for the following visual cues. If one or more of these area. route and class of service quoted to an visual cues exists, immediately request • If the flaps are extended, do not retract inquiring party. CU also requests that priority handling from Air Traffic Control to them until the airframe is clear of ice. the Department require the carriers to facilitate a route or an altitude change to exit • Report these weather conditions to Air make this fare information available to the icing conditions. Traffic Control.’’ —Unusually extensive ice accumulation on (b) Incorporating the AFM revisions, as computer reservations system vendors the airframe and windshield in areas not required by this AD, may be performed by as well. normally observed to collect ice. the owner/operator holding at least a private DATES: Comments must be submitted on —Accumulation of ice on the upper pilot certificate as authorized by § 43.7 of the or before November 17, 1997. Reply surface of the wing, aft of the protected area. Federal Aviation Regulations (14 CFR 43.7), comments must be submitted on or —Accumulation of ice on the engine and must be entered into the aircraft records before December 15, 1997. nacelles and propeller spinners farther aft showing compliance with this AD in than normally observed. accordance with § 43.11 of the Federal ADDRESSES: Comments must be filed in • Since the autopilot, when installed and Aviation Regulations(14 CFR 43.11). Room PL–401, Docket OST–97–2622, operating, may mask tactile cues that indicate (c) Special flight permits may be issued in U.S. Department of Transportation, 400 adverse changes in handling characteristics, accordance with §§ 21.197 and 21.199 of the Seventh Street, SW., Washington, DC use of the autopilot is prohibited when any Federal Aviation Regulations (14 CFR 21.197 20590. Late filed comments will be of the visual cues specified above exist, or and 21.199) to operate the airplane to a considered to the extent possible. To when unusual lateral trim requirements or location where the requirements of this AD facilitate consideration of comments, autopilot trim warnings are encountered can be accomplished. while the airplane is in severe icing (d) An alternative method of compliance or each commenter should file eight copies conditions. adjustment of the compliance time that of its comments. Comments filed prior • All wing icing inspection lights must be provides an acceptable level of safety may be to the publication of this notice will also operative prior to flight into icing conditions used if approved by the Manager, Small be considered. at night. [NOTE: This supersedes any relief Airplane Directorate, FAA, 1201 Walnut, FOR FURTHER INFORMATION CONTACT: Jim provided by the Master Minimum Equipment suite 900, Kansas City, Missouri 64106. The Craun, Director of the Office of Aviation List (MMEL).]’’ request shall be forwarded through an and International Economics, Office of (2) Revise the FAA-approved AFM by appropriate FAA Maintenance Inspector, incorporating the following into the Normal who may add comments and then send it to the Assistant Secretary for Aviation and Procedures Section of the AFM. This may be the Manager, Small Airplane Directorate. International Affairs, Office of the accomplished by inserting a copy of this AD Note 3: Information concerning the Secretary, U.S. Department of in the AFM. existence of approved alternative methods of Transportation, 400 Seventh St. SW., Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48585

Washington, DC 20590 at (202) 366– can allegedly engage in opportunistic so narrow as to limit the effectiveness of 1032 or (202) 366–7638 (FAX). pricing practices because the consumer the rule. SUPPLEMENTARY INFORMATION: In its lacks the information needed to counter CU stated that by knowing both the petition, CU stated that airfares have these practices. average fare and the lowest fare charged dropped during the past 15 years. As CU stated that consumers cannot rely by route, by airline, and by class of measured on an inflation-adjusted basis, on travel agents to solve the problem service, consumers would be armed average fares have decreased from 12.7 and cited, in support, an unsourced with two key benchmarks of value that cents per mile in 1981 to eight cents per consumer test conducted by are critical to making an informed mile today, according to CU. CU also representatives of several state public purchase decision. These two pieces of indicated that more than 550 million interest research groups. In the test, information, used together, would show passengers traveled on commercial fourteen phone calls were made to nine the relevant range of prices with the travel agents and airlines requesting the flights on U.S. airlines in 1996 and average fare providing a broad ‘‘lowest’’ advance-purchase round-trip many of these trips were made possible indication of the relative value available fare from Boston to Houston on because of the lower fares. Despite the by airline and the lowest fare indicating specified travel dates and at specified large number of airline passengers and the market-clearing price. According to 1 times. The requests netted ten different the increase in passenger travel since the petitioner, easy access to this fare quotes ranging from $504 to airline deregulation, however, CU information would enhance comparison $1,323.68 with six of the ten different claims that it is almost impossible for shopping, informed consumer fare quotes coming from travel agents. passengers to determine whether they negotiation, price competition and are getting a good, fair, or poor value, CU’s Petition market efficiency. because of the way in which many In order to address these issues, CU airlines set their ticket prices. Request for Comments has filed a petition that asks the In support of its claim, CU cited a Department to adopt a regulation which In response to an increasing number study of more than three million would require airlines, their agents, and of inquiries from consumers about discount airline tickets purchased on 34 computer reservations system (CRS) domestic airline prices, the Department of the most heavily traveled domestic vendors to disclose the average and recently published the first edition of a routes in 1996. (CU published an article lowest fares an airline charges for each report entitled Domestic Airline Fares on the study in the July 1997 issue of class of service on a route to any person Consumer Report. This report provides Consumer Reports and attached a copy to whom they quote fares for a specific information about average prices being of the article as part of this petition.) class of service on that route. The paid by consumers in the 1,000 largest Based on an analysis of the average petitioner also requests that the domestic city-pair markets for the third restricted coach class fares on each Department require that airlines make quarter of 1996. In addition to the route, CU concluded that airline ticket this information available to CRSs and Department’s commitment to provide prices for a given class of service that the information be based on the fare information to consumers in this between two points can vary by latest available quarterly fare data in report, we have decided to consider hundreds of dollars depending upon the Databank #1 of the Department’s Origin- further the issues raised by CU. We availability of a wide range of fares, Destination Survey of Airline Passenger invite interested persons to comment on with availability determined not so Traffic. (Presumably, CU’s petition all aspects of the petition including, but much by the number of seats actually applies to fares in domestic markets not limited to, whether such a rule physically available but by how many only since the Department is prohibited should be adopted and, if so, should the seats the airline—in its sole discretion— by regulation from publicly disclosing rule apply only to airlines, or to airlines chooses to supply at each price. CU also international fare data in the Origin- as well as travel agents and discount asserts that, at any time, sale fares that Destination Survey of Airline Passenger travel brokers, such as consolidators. are available in limited quantities can Traffic.) CU also asks that the We will decide after reviewing those suddenly appear and disappear. Department either supply to each carrier According to CU, these constant fare comments whether we should propose a the data to be disclosed or allow each rule as requested by CU. To the extent changes confuse customers and carrier to calculate the data to be effectively remove price information that commenters provide quantified disclosed according to calculation estimates of the value or cost of that helps consumers assess the value of standards prescribed by us and based on the transportation. implementing such a regulation, we ask the information the carrier submits to that they provide specific supporting CU claims that the lack of reliable the Department for inclusion in ‘‘fair market price’’ or ‘‘going rate’’ ι details regarding the methodologies Databank 1 of the Origin-Destination used in determining these benefits and information available to the consumer at Survey of Airline Passenger Traffic. the time of ticket purchase establishes a costs. We also encourage commenters to CU states that its petition provides the provide information on other possible barrier to effective comparison shopping substance and the elements of the rule and price-based bargaining by the alternatives for accomplishing the goals it is seeking but not a proposed text for sought by CU in this petition. ordinary consumer. This barrier gives an a rule. However, since the purpose of its unfair advantage to a number of airlines request is to give consumers bargaining Issued in Washington, DC on September 8, (including the very largest airlines) in power by increasing consumer 1997. the buyer-seller transaction. The airlines information, the petitioner considers it Charles A. Hunnicutt, important that a final rule cover as Assistant Secretary for Aviation and 1To quantify CU’s statement regarding the International Affairs. increase in passenger travel, the Department notes many consumer transactions as that there were approximately 250 million domestic practicable and that neither the scope [FR Doc. 97–24567 Filed 9–15–97; 8:45 am] passengers traveling on U.S. airlines in 1978. nor the specific provisions of the rule be BILLING CODE 4910±62±P 48586 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

ENVIRONMENTAL PROTECTION California Air Resources Board, Implementation Plan (SIP) which AGENCY Stationary Source Division, Rule concern an emergency episode rule. The Evaluation Section, 2020 ‘‘L’’ Street, intended effect of proposing approval of 40 CFR Part 52 Sacramento, CA 95814. this rule is to update the episode criteria [CA 185±0047b; FRL±5888±9] Northern Sierra Air Quality and to eliminate redundant reporting Management District, 540 Searls requirements in accordance with the Approval and Promulgation of State Avenue, Nevada City, CA 95959. requirements of the Clean Air Act, as Implementation Plans; California State California Air Resources Board, amended in 1990 (CAA or the Act). In Implementation Plan Revision, Stationary Source Division, Rule the Final Rules Section of this Federal Northern Sierra Air Quality Evaluation Section, 2020 ‘‘L’’ Street, Register, the EPA is approving the Management District Sacramento, CA 95812. state’s SIP revision as a direct final rule FOR FURTHER INFORMATION CONTACT: without prior proposal because the AGENCY: Environmental Protection Cynthia G. Allen, Rulemaking Office Agency views this as a noncontroversial Agency (EPA). (AIR–4), Air Division, U.S. revision and anticipates no adverse ACTION: Proposed rule. Environmental Protection Agency, comments. A detailed rationale for this Region 9, 75 Hawthorne Street, San approval is set forth in the direct final SUMMARY: EPA is proposing to approve Francisco, CA 94105–3901, Telephone: rule. If no adverse comments are revisions to the California State (415) 744–1189. received in response to this proposed Implementation Plan (SIP) that concern SUPPLEMENTARY INFORMATION: This rule, no further activity is contemplated a wide range of administrative and document concerns Northern Sierra Air in relation to this rule. If EPA receives traditional source category rules. Quality Management District Rule 101, adverse comments, the direct final rule The intended effect of proposing Title; Rule 102, Definitions; Rule 202, will be withdrawn and all public approval of these rules is to regulate Visible Emissions; Rule 203, Exceptions comments received will be addressed in emissions of volatile organic to Rule 202; Rule 204, Wet Plumes; Rule a subsequent final rule based on this compounds (VOCs), oxides of nitrogen 206, Incinerator Burning; Rule 207, proposed rule. The EPA will not (NOX) and other pollutants in Particulate Matter; Rule 208, Orchard or institute a second comment period on accordance with the requirements of the Citrus Heaters; Rule 209, Fossil Fuel this document. Any parties interested in Clean Air Act, as amended in 1990 Steam Generator Facility; Rule 210, commenting on this action should do so (CAA or the Act). In the final rules Specific Contaminants; Rule 212, at this time. section of this Federal Register, the EPA Process Weight Table; Rule 213, Storage DATES: Comments on this proposed rule is approving the state’s SIP revision as of Gasoline Products; Rule 221, must be received in writing by October a direct final rule without prior proposal Reduction of Animal Matter; Rule 222, 16, 1997. because the Agency views this as a Abrasive Blasting; Rule 225, ADDRESSES: Written comments on this noncontroversial revision and Compliance; Rule 300, General action should be addressed to: Cynthia anticipates no adverse comments. A Definitions; Rule 301, Compliance; Rule G. Allen, Rulemaking Office (AIR–4), detailed rationale for this approval is set 313, Burn Day; Rule 314, Minimum Air Division, U.S. Environmental forth in the direct final rule. If no Drying Times; Rule 315, Burning Protection Agency, Region 9, 75 adverse comments are received in Management Requirements; and Rule Hawthorne Street, San Francisco, CA response to this proposed rule, no 317, Mechanized Burners Requirements. 94105–3901. further activity is contemplated in For further information, please see the Copies of the rule revisions and EPA’s relation to this rule. If EPA receives information provided in the Direct Final evaluation report of this rule is available adverse comments, the direct final rule action which is located in the Rules for public inspection at EPA’s Region 9 will be withdrawn and all public Section of this Federal Register. office during normal business hours. comments received will be addressed in Copies of the submitted rule revision is a subsequent final rule based on this Authority: 42 U.S.C. 7401–7671q. also available for inspection at the proposed rule. The EPA will not Dated: August 22, 1997. following locations: institute a second comment period on John Wise, South Coast Air Quality Management this document. Any parties interested in Acting Regional Administrator. District, 21865 E., Copley Drive, commenting on this action should do so [FR Doc. 97–24417 Filed 9–15–97; 8:45 am] Diamond Bar, CA 91765. at this time. BILLING CODE 6560±50±P California Air Resources Board, DATES: Comments on this proposed rule Stationary Source Division, Rule must be received in writing by October Evaluation Section, 2020 ‘‘L’’ Street, 16, 1997. ENVIRONMENTAL PROTECTION Sacramento, CA 95812. ADDRESSES: Written comments on this AGENCY FOR FURTHER INFORMATION CONTACT: action should be addressed to: Andrew Cynthia G. Allen, Rulemaking Office 40 CFR Part 52 Steckel, Rulemaking Office [AIR–4], Air (AIR–4) Air Division, U.S. Division, U.S. Environmental Protection [CA 167±0036b; FRL±5888±7] Environmental Protection Agency, Agency, Region 9, 75 Hawthorne Street, Region 9, 75 Hawthorne Street, San San Francisco, CA 94105–3901. Approval and Promulgation of State Francisco, CA 94105–3901, Telephone: Copies of the rule revisions are Implementation Plans; California State (415) 744–1189. Implementation Plan Revision, South available for public inspection at EPA’s SUPPLEMENTARY INFORMATION: This Region 9 office during normal business Coast Air Quality Management District document concerns South Coast Air hours. Copies of the submitted rule AGENCY: Environmental Protection Quality Management District Rule 701, revisions are also available for Agency (EPA). Air Pollution Emergency Contingency inspection at the following locations: ACTION: Proposed rule. Actions. This rule was submitted by the Environmental Protection Agency, Air California Air Resources Board to EPA Docket (6102), 401 ‘‘M’’ Street, SW., SUMMARY: EPA is proposing to approve on January 31, 1996. For further Washington, DC 20460. revisions to the California State information, please see the information Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48587 provided in the Direct Final action to assure uniformity in the application programs can be used for compliance which is located in the Rules Section of of emission standards, has required certifications and enforcement actions. this Federal Register. sources to establish compliance with Specifically, section R of the revisions Authority: 42 U.S.C. 7401–7671q. emission standards by use of those to AQCR 702 authorizes this data to be Dated: August 22, 1997. reference test methods. In theory, a used for compliance certifications, and John Wise, source would conduct testing on a section S authorizes this data to be periodic basis utilizing these methods Acting Regional Administrator. considered for enforcement actions. and would rely on the comprehensive This revision will enhance the State’s [FR Doc. 97–24416 Filed 9–15–97; 8:45 am] nature of this testing to assure capability for determining compliance BILLING CODE 6560±50±F compliance on a day to day basis. with, and for establishing violations of, In the interim, more accurate the underlying emission limitations. emission monitoring devices have been ENVIRONMENTAL PROTECTION developed. In addition, EPA, the States, III. Proposed Action AGENCY and the regulated community have The EPA reviewed these revisions to 40 CFR Part 52 gained a better understanding of the the New Mexico SIP and is proposing to specific facility and pollution control approve sections R and S of AQCR 702 [NM±24±1±7102; FRL±5892±7] device operating parameters that control as submitted because they meet the emissions. Many sources currently requirements of section 110 of the Act. Approval and Promulgation of Air determine compliance with permitted The EPA is requesting comments on all Quality Implementation Plans; New limits either through the use of aspects of the requested SIP revision Mexico; Proposed Approval of a continuous emission monitors or by and EPA’s proposed rulemaking action. Revision to the New Mexico State monitoring key parameters of their The EPA will consider any timely Implementation PlanÐEnhanced production processes and pollution submitted comments prior to EPA’s Monitoring Rule control devices. taking final action on this proposed AGENCY: Environmental Protection Section 113(a) of the Act provides that rule. Comments received by the date Agency (EPA). the Agency may bring an enforcement indicated above will be considered in action on the basis of any information ACTION: Proposed rule. the development of EPA’s final rule. available. However, in United States Nothing in this action should be SUMMARY: Pursuant to section 110 of the versus Kaiser Steel Corporation, the construed as permitting or allowing or Clean Air Act (the Act), as amended in District Court ruled that, because of establishing a precedent for any future 1990, EPA is proposing to approve what it perceived to be limitations in request for revision to any SIP. Each revisions to the New Mexico State EPA’s regulations, only reference request for revision to the SIP shall be Implementation Plan (SIP) addressing method stack testing could be used to considered separately in light of specific revisions to Air Quality Control establish violations of permit limits, technical, economic, and environmental Regulation (AQCR) 702 concerning notwithstanding irrefutable scientific factors, and in relation to relevant permits. The State’s revision expands evidence that otherwise demonstrated statutory and regulatory requirements. the types of testing and monitoring data, thousands of violations. In the 1990 including stack and process monitoring, amendments to the Act, Congress IV. Administrative Requirements which can be used directly for overrode the United States versus Kaiser A. Executive Order 12866 compliance certifications and Steel Corporation decision, providing This action has been classified as a enforcement. that the duration of the violation could Table 3 action for signature by the DATES: Comments on this proposed be established by any credible evidence (including evidence other than the Regional Administrator under the action must be received in writing on or procedures published in the Federal before October 16, 1997. applicable test method). The EPA believes that existing SIPs Register (FR) on January 19, 1989 (54 FR ADDRESSES: Comments should be (nationwide) are inadequate for States or 2214–2225), as revised by a July 10, mailed to Jole C. Luehrs, Chief, Air EPA to fully implement the Act, because 1995, memorandum from Mary Nichols, Permits Section (6PD–R), EPA, Region 6, the SIPs may presently be interpreted to Assistant Administrator for Air and 1445 Ross Avenue, Suite 700, Dallas, limit the types of testing or monitoring Radiation. The Office of Management Texas 75202–2733. Copies of the data that may be used for determining and Budget has exempted this documents relevant to this action are compliance and establishing violations. regulatory action from Executive Order available for public inspection during On June 9, 1994, EPA issued a call to 12866 review. normal business hours at the following the State of New Mexico to revise its SIP B. Regulatory Flexibility Act locations: to clarify that any monitoring approved EPA, Air Permits Section (6PD–R), for the source (and included in a Under the Regulatory Flexibility Act, 1445 Ross Avenue, Suite 700, Dallas, Federally enforceable operating permit) 5 U.S.C. 600 et seq., EPA must prepare Texas, 75202–2377. a regulatory flexibility analysis New Mexico Environmental may form the basis of the compliance certification, and that any credible assessing the impact of any proposed or Improvement Board, 1190 St. Francis final rule on small entities. See 5 U.S.C. Drive, Santa Fe, New Mexico 87502. evidence may be used for purposes of enforcement in Federal court. 603 and 604. Alternatively, EPA may FOR FURTHER INFORMATION CONTACT: certify that the rule will not have a Mary Stanton, Air Permits Section II. EPA Evaluation significant impact on a substantial (6PD–R), EPA, Dallas, Texas, 75202– On November 10, 1994, New Mexico number of small entities. Small entities 2377, telephone (214) 665–8377. made an official plan submission in include small businesses, small not-for- SUPPLEMENTARY INFORMATION: response to EPA’s SIP call. New Mexico profit enterprises, and government submitted revisions to AQCR 702, entities with jurisdiction over I. Background which provides that data which has populations of less than 50,000. The EPA has published a number of been collected under the enhanced The SIP approvals under section 110 ‘‘reference test methods’’ and, in order monitoring and Operating Permit and subchapter I, part D of the Act do 48588 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules not create any new requirements but prepare a budgetary impact statement to governments in the aggregate, or to the simply approve requirements that the accompany any proposed or final rule private sector. This Federal action State is already imposing. Therefore, that includes a Federal mandate that approves preexisting requirements because the Federal SIP approval does may result in estimated costs to State, under State or local law, and imposes not impose any new requirements, I local, or tribal governments in the no new Federal requirements. certify that it does not have a significant aggregate; or to the private sector, of Accordingly, no additional costs to impact on any small entities affected. $100 million or more. Under section State, local, or tribal governments, or to Moreover, due to the nature of the 205, EPA must select the most cost- the private sector, result from this Federal-State relationship under the effective and least burdensome action. Act, preparation of a flexibility analysis alternative that achieves the objectives List of Subjects in 40 CFR Part 52 would constitute Federal inquiry into of the rule and is consistent with the economic reasonableness of State statutory requirements. Section 203 Environmental protection, Air action. The Act forbids EPA to base its requires EPA to establish a plan for pollution control, Enhanced monitoring, actions concerning SIPs on such informing and advising any small Incorporation by reference, grounds. See Union Electric Company. governments that may be significantly Intergovernmental relations. v. U.S. E.P.A., 427 U.S. 246, 256–66 or uniquely impacted by the rule. Authority: 42 U.S.C. sections 7401–76718. (1976); 42 U.S.C. 7410(a)(2). The EPA has determined that the Dated: August 15, 1997. C. Unfunded Mandates approval action proposed does not Jerry Clifford, Under sections 202 of the Unfunded include a Federal mandate that may Acting Regional Administrator. Mandates Reform Act of 1995, signed result in estimated costs of $100 million [FR Doc. 97–24552 Filed 9–15–97; 8:45 am] into law on March 22, 1995, EPA must or more to either State, local, or tribal BILLING CODE 6560±50±P 48589

Notices Federal Register Vol. 62, No. 179

Tuesday, September 16, 1997

This section of the FEDERAL REGISTER would not be consistent with the Agricultural Research Service receives contains documents other than rules or requirements of 35 U.S.C. 209 and 37 written evidence and argument which proposed rules that are applicable to the CFR 404.7. establishes that the grant of the license public. Notices of hearings and investigations, Richard M. Parry, Jr., would not be consistent with the committee meetings, agency decisions and requirements of 35 U.S.C. 209 and 37 rulings, delegations of authority, filing of Assistant Administrator. petitions and applications and agency [FR Doc. 97–24438 Filed 9–15–97; 8:45 am] CFR 404.7. statements of organization and functions are BILLING CODE 3410±03±U R.M. Parry, Jr., examples of documents appearing in this Assistant Administrator. section. [FR Doc. 97–24439 Filed 9–15–97; 8:45 am] DEPARTMENT OF AGRICULTURE BILLING CODE 3410±03±P DEPARTMENT OF AGRICULTURE Agricultural Research Service DEPARTMENT OF AGRICULTURE Agricultural Research Service Notice of Federal Invention Available for Licensing and Intent To Grant Food Safety and Inspection Service Notice of Intent To Grant Exclusive Exclusive License License [Docket No. 97±055N] AGENCY: Agricultural Research Service, AGENCY: Agricultural Research Service, USDA. Meeting of the Meat and Poultry USDA. ACTION: Notice of availability and intent. Subcommittee of the National Advisory ACTION: Notice of intent. Committee on Microbiological Criteria SUMMARY: Notice is hereby given that a for Foods SUMMARY: Notice is hereby given that Federally owned invention, U.S. Plant the U.S. Department of Agriculture, AGENCY: Food Safety and Inspection Patent Application Serial No. Agricultural Research Service, intends Service, USDA. 08/900,007, entitled ‘‘TifEagle Dwarf to grant to American Cyanamid Bermudagrass’’ is available for licensing ACTION: Notice. Company of Princeton, New Jersey, an and that the U.S. Department of exclusive license to Serial No. 08/ SUMMARY: The Meat and Poultry Agriculture, Agricultural Research 756,301, filed November 25, 1996, Subcommittee of the National Advisory Service intends to grant to The entitled ‘‘A Baculovirus for the Control Committee on Microbiological Criteria University of Georgia Research of Insect Pests.’’ Notice of Availability for Foods (NACMCF) will hold a for Serial No. 08/756,301 was published Foundation of Athens, Georgia, an meeting on October 8 to October 10, in the Federal Register on August 7, exclusive license for U.S. Plant Patent 1997, to discuss food safety initiatives. 1997. Application Serial No. 08/900,007. Specific topics to be discussed include DATES: Comments must be received on DATES: Comments must be received on the Seared Steak and the Cooking Time or before November 17, 1997. or before November 17, 1997. and Temperature for Hamburger issues. ADDRESSES: Send comments to: USDA, ADDRESSES: Send comments to: USDA, DATES: The meeting will be held from ARS, Office of Technology Transfer, ARS, MWA, Office of the Director, 1:00 to 5:00 p.m. on October 8 and from Room 415, Building 005, BARC-West, National Center for Agricultural 8:00 a.m. to 5:00 p.m. on October 9 and Beltsville, Maryland 20705–2350. Utilization Research, Room 2042, 1815 October 10, 1997. FOR FURTHER INFORMATION CONTACT: June North University Street, Peoria, Illinois ADDRESSES: The meeting will be held in Blalock of the Office of Technology 61604. Franklin Court Suite 3709 at 1099 14th Transfer at the Beltsville address given FOR FURTHER INFORMATION CONTACT: Street, NW, in Washington, DC. above; telephone: 301–504–5989. Andrew Watkins of the National Center NACMCF wishes to encourage persons SUPPLEMENTARY INFORMATION: The for Agricultural Utilization Research at with information and data on the issues Federal Government’s patent rights to the Peoria address given above; to present their comments to the this invention are assigned to the United telephone: 309–681–6545. participants. Those persons interested States of America, as represented by the SUPPLEMENTARY INFORMATION: The in making presentations or providing Secretary of Agriculture. It is in the Federal Government’s patent rights to comments should mail or fax their public interest to so license this these inventions are assigned to the name, title, firm or agency name, invention as American Cyanamid United States of America, as represented address, and telephone to Dr. Richard L. Company has submitted a complete and by the Secretary of Agriculture. It is in Ellis, Director, Scientific Research sufficient application for a license. The the public interest to so license these Oversight Staff, Department of prospective exclusive license will be inventions as the University of Georgia Agriculture, 6913 Franklin Court, 1099 royalty-bearing and will comply with Research Foundation has submitted a 14th Street, NW, Washington, DC the terms and conditions of 35 U.S.C. complete and sufficient application for 20250-3700; fax (202) 501–7628. 209 and 37 CFR 404.7. The prospective a license. The prospective exclusive Comments and requests also may be exclusive license may be granted unless, license will be royalty-bearing and will provided by E-mail to: within sixty days from the date of this comply with the terms and conditions [email protected]. published Notice, the Agricultural of 35 U.S.C. 209 and 37 CFR 404.7. The SUPPLEMENTARY INFORMATION: The Food Research Service receives written prospective exclusive license may be and Drug Administration (FDA) is evidence and argument which granted unless, within sixty days from seeking guidance and advice from the establishes that the grant of the license the date of this published Notice, the Subcommittee on a clear scientific basis 48590 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices for recommendations FDA will propose Dated: September 10, 1997. services of a sign language interpreter and how these issues should be Stephanie Phillips, should contact the Regional Office at addressed in the Food Code. The Acting Forest Supervisor. least five (5) working days before the Subcommittee also will be developing [FR Doc. 97–24505 Filed 9–15–97; 8:45 am] scheduled date of the meeting. microbial hazard identification guides BILLING CODE 3410±11±M The meeting will be conducted for very small meat and poultry pursuant to the provisions of the rules establishments. and regulations of the Commission. This meeting will be open to the COMMISSION ON CIVIL RIGHTS public on a space available basis. Dated at Washington, DC, September 8, Comments may be made before or after Notice of Public Meeting of the 1997. the meeting. All comments received will Delaware Advisory Committee Carol-Lee Hurley, become part of the public record of this Chief, Regional Programs Coordination Unit. meeting. Notice is hereby given, pursuant to the provisions of the rules and [FR Doc. 97–24541 Filed 9–15–97; 8:45 am] NACMCF provides advice and BILLING CODE 6335±01±M recommendations to the Secretary of regulations of the U.S. Commission on Agriculture and the Secretary of Health Civil Rights, that a meeting of the and Human Services about the Delaware Advisory Committee to the Commission which was to have development of microbiological criteria DEPARTMENT OF COMMERCE to assess the safety and wholesomeness convened at 1:00 p.m. and adjourned at 5:00 p.m. on Wednesday, September 17, of food. NACMCF also provides Foreign-Trade Zones Board guidance to the Departments of 1997, at the Holiday Inn, Downtown, Commerce and Defense. 700 King Street, Wilmington, Delaware 19801, has been rescheduled for [Order No. 917] Done at Washington, DC, on September 9, Wednesday, September 24, 1997, at the 1997. same time and place. Approval for Manufacturing Authority; Thomas J. Billy, The original notice for the meeting Solectron Corporation (Electronic/ Administrator. was announced in the Federal Register Computer/Telecommunication [FR Doc. 97–24436 Filed 9–15–97; 8:45 am] on August 26, 1997, FR Doc. 97–22577, Equipment) Within Foreign-Trade Zone BILLING CODE 3410±DM±P 62 FR 55221–45222. 18 San Jose, CA Persons desiring additional information should contact Ki-Taek Pursuant to its authority under the Foreign- DEPARTMENT OF AGRICULTURE Chun, Director of the Eastern Regional Trade Zones Act of June 18, 1934, as Office, 202–376–7533 (TDD 202–376– amended (19 U.S.C. 81a–81u), the Foreign- Forest Service 8116). Trade Zones Board (the Board) adopts the following Order: Thompson Creek Mine Supplemental Dated at Washington, DC, September 11, Environmental Impact Statement 1997. Whereas, San Jose Distribution Carol-Lee Hurley, Services, operator of Foreign-Trade AGENCY: Forest Service, USDA. Chief, Regional Programs Coordination Unit. Zone 18, has requested authority under ACTION: Notice of opportunity to [FR Doc. 97–24597 Filed 9–11–97; 4:45 pm] § 400.32(b)(2) of the Board’s regulations comment. BILLING CODE 6335±01±P on behalf of Solectron Corporation to manufacture electronic/computer/ SUMMARY: The Salmon and Challis telecommunication equipment under National Forest is providing notice that COMMISSION ON CIVIL RIGHTS zone procedures within FTZ 18, San a 60 day comment period will be Jose, California (filed March 7, 1997; initiated on September 22, 1997 for Agenda and Notice of Public Meeting FTZ Doc. 12–97; 62 FR 12792, 3/18/97); review of documents prepared in of the Washington State Advisory and, support of the Draft Supplemental Committee Whereas, the Board adopts the Environmental Impact Statement Notice is hereby given, pursuant to findings and recommendations of the (DSEIS) for the proposed supplement to the provisions of the rules and examiner’s report, and finds that the the Thompson Creek Mine Plan of regulations of the U.S. Commission on Operation. The purpose of the comment Civil Rights, that a meeting of the requirements of the FTZ Act and period is to consider comments prior to Washington State Advisory Committee Board’s regulations are satisfied, and release of the DSEIS. The comment to the Commission will convene at 9:30 that approval of the application is in the period will begin on September 22, 1997 a.m. and adjourn at 12 p.m. on October public interest; and continue for 60 days concluding on 29, 1997, at the Westin Hotel, 1900 Fifth Now, therefore, the Board hereby November 21, 1997. All comments must Avenue, Seattle, Washington 98101. The approves the request subject to the FTZ be received in writing by this date. purpose of the meeting is to discuss Act and the Board’s regulations, Comments can be sent to: Salmon and civil rights issues. including § 400.28. Challis National Forest, Thompson Persons desiring additional Signed at Washington, DC, this 5th day of Creek Mine SEIS Coordinator, RR2 Box information, or planning a presentation September 1997. 600, Hwy 93 S, Salmon, ID 83467. The to the Committee, should contact documents will be available for review committee Chairperson Bill Wassmuth, Jeffrey P. Bialos, at the Yankee Fork Ranger District, 206–233–9136, or Philip Montez, Acting Assistant Secretary of Commerce for Clayton, ID. Director of the Western Regional Office, Import Administration, Alternate Chairman, FOR FURTHER INFORMATION CONTACT: 213–894–3437 (TDD 213–894–3435). Foreign-Trade Zones Board. Liz McFarland, TCM SEIS Coordinator, Hearing-impaired persons who will [FR Doc. 97–24466 Filed 9–15–97; 8:45 am] (208) 756–5139. attend the meeting and require the BILLING CODE 3510±DS±P Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48591

DEPARTMENT OF COMMERCE requested authority under § 400.32(b)(1) DEPARTMENT OF COMMERCE of the Board’s regulations on behalf of Foreign-Trade Zones Board AMFELS, Inc., to manufacture mobile International Trade Administration offshore drilling platforms under zone [Order No. 918] Determination Not To Revoke procedures within FTZ 62, Brownsville, Antidumping Duty Orders and Expansion of Foreign-Trade Zone 21; Texas (filed 2–25–97, FTZ Docket Charleston, South Carolina Area Findings Nor To Terminate Suspended A(32b1)–1–97; Doc. 67–97, assigned 8– Investigations 20–97) Pursuant to its authority under the Foreign- Trade Zones Act of June 18, 1934, as Whereas, pursuant to § 400.32(b)(1), AGENCY: Import Administration, amended (19 U.S.C. 81a–81u), the Foreign- the Commerce Department’s Assistant International Trade Administration, Trade Zones Board (the Board) adopts the Secretary for Import Administration has Department of Commerce following Order: the authority to act for the Board in ACTION: Determination not to revoke Whereas, an application from the making such decisions on new antidumping duty orders and findings South Carolina State Ports Authority, manufacturing/processing activity nor to terminate suspended grantee of Foreign-Trade Zone 21, under certain circumstances, including investigations Charleston, South Carolina, area, for situations where the proposed activity is SUMMARY: The Department of Commerce authority to expand FTZ 21 to include the same, in terms of products involved, is notifying the public of its four additional sites in the Charleston, to activity recently approved by the determination not to revoke the South Carolina, area, was filed by the Board (§ 400.32(b)(1)(i)); and, antidumping duty order listed below. Board on March 7, 1997 (FTZ Docket 13–97, 62 FR 12793, 3/18/97); Whereas, the FTZ Staff has reviewed EFFECTIVE DATE: September 16, 1997. Whereas, notice inviting public the proposal, taking into account the FOR FURTHER INFORMATION CONTACT: comment was given in Federal Register criteria of § 400.31, and the Executive Michael Panfeld or the analyst listed and the application has been processed Secretary has recommended approval; under Antidumping Proceeding at: pursuant to the FTZ Act and the Board’s Now, therefore, the Assistant Import Administration, International regulations; and, Secretary for Import Administration, Trade Administration, U.S. Department Whereas, the Board adopts the acting for the Board pursuant to of Commerce, 14th Street & Constitution findings and recommendations of the § 400.32(b)(1), concurs in the Avenue, NW, Washington, DC 20230. examiner’s report, and finds that the recommendation and hereby approves SUPPLEMENTARY INFORMATION: On August requirements of the FTZ Act and the request subject to the Act and the 13, 1997, the Department of Commerce Board’s regulations are satisfied, and Board’s regulations, including § 400.28, (Commerce) published a Determination that the proposal is in the public and further subject to the following Not to Revoke Antidumping Duty interest; conditions: (1) Any foreign steel mill Orders and Findings Nor to Terminate Now, therefore, the Board hereby Suspended Investigations (62 FR orders: products admitted to FTZ 62 for the AMFELS, Inc., activity including plate, 43316). In that notice, an interested The application to expand FTZ 21 is party, Chemical Products Corporation, approved, subject to the Act and the angles, shapes, channels, rolled steel stock, bars, pipes and tubes, not was inadvertently listed as an objector Board’s regulations, including Section to the revocation of industrial belts and incorporated into merchandise 400.28, and subject to the standard components and parts thereof, whether otherwise classified, and which is used 2,000-acre activation limit for the cured or uncured, except synchronous & overall zone project. in manufacturing, shall be subject to v belts from Germany. This firm did not Signed at Washington, DC, this 5th day of Customs duties in accordance with file such an objection. Chemical September 1997. applicable law, if the same item is then Products Corporation did however Jeffrey P. Bialos, being produced by a domestic steel mill; object to the revocation of precipitated Acting Assistant Secretary of Commerce for and, (2) in addition to the annual report, barium carbonate from Germany. In Import Administration, Alternate Chairman, AMFELS, Inc., shall advise the Board’s addition, our August 13, 1997 notice Foreign-Trade Zones Board. Executive Secretary (§ 400.28(a)(3)) as to inadvertently did not include the order [FR Doc. 97–24467 Filed 9–15–97; 8:45 am] significant new contracts with on precipitated barium carbonate from BILLING CODE 3510±DS±P appropriate information concerning Germany. This notice serves to correctly foreign purchases otherwise dutiable, so identify the sole objector for industrial that the Board may consider whether belts and components and parts thereof, DEPARTMENT OF COMMERCE any foreign dutiable items are being whether cured or uncured, except imported for manufacturing in the zone synchronous and v belts from Germany Foreign-Trade Zones Board primarily because of subzone status and and to notify the public that we no [Order No. 919] whether the Board should consider longer intend to revoke the antidumping requiring Customs duties to be paid on duty order on precipitated barium Approval of Manufacturing Activity such items. carbonate from Germany. within Foreign-Trade Zone 62 Brownsville, TX, Amfels, Inc. (Offshore Signed at Washington, DC, this 5th day of Antidumping Proceeding Drilling Platforms/Shipbuilding) September 1997. A–428–802 Jeffrey P. Bialos, Pursuant to its authority under the Foreign- Germany Acting Assistant Secretary of Commerce for Trade Zones Act of June 18, 1934, as Industrial Belts and Components and Import Administration, Alternate Chairman, amended (19 U.S.C. 81a–81u)(the Act), the Foreign-Trade Zones Board. Parts Thereof, Whether Cured or Foreign-Trade Zones Board (the Board) Uncured, Except [FR Doc. 97–24468 Filed 9–15–97; 8:45 am] adopts the following Order: Synchronous & V belts Whereas, the Brownsville Navigation BILLING CODE 3510±DS±P Objection Date: June 30, 1997 District, grantee of FTZ 62, has Objector: Gates Rubber Company 48592 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Contact: Ron Trentham at (202) 482– periods, including imports from Fujitsu DEPARTMENT OF COMMERCE 4793 General Limited (FGL) for the periods March 1, 1986 through February 28, International Trade Administration A–428–061 1987; March 1, 1987 through February [A±475±703] Germany 29, 1988; and March 1, 1989 through Precipitated Barium Carbonate February 28, 1990. See Television Granular Polytetrafluoroethylene Resin Objection Date: June 13, 1997 Receivers, Monochrome and Color, from From Italy; Final Results of Objector: Chemical Products Japan: Final Results of Antidumping Antidumping Duty Administrative Corporation Duty Administrative Review, 56 FR Review Contact: Tom Futtner at (202) 482–3814 25392. Subsequently, FGL challenged Dated: September 5, 1997. the final results before the United States AGENCY: Import Administration, Richard W. Moreland, Court of International Trade (CIT). International Trade Administration, Department of Commerce. Acting Deputy Assistant Secretary for Following a voluntary remand, the AD/CVD Enforcement. Department issued a redetermination ACTION: Notice of final results of [FR Doc. 97–24566 Filed 9–15–97; 8:45 am] which was affirmed by the CIT on antidumping duty administrative BILLING CODE 3510±DS±P March 14, 1995. See Fujitsu General review. Limited v. United States, 883 F.Supp. 728 (CIT 1995). Subsequently, an appeal SUMMARY: On May 13, 1997, the Department of Commerce published the DEPARTMENT OF COMMERCE was filed by FGL. On July 3, 1996, the U.S. Court of preliminary results of its 1995–96 International Trade Administration Appeals for the Federal Circuit upheld administrative review of the antidumping duty order on granular [A±588±015] the Department’s remand determination. See Fujitsu General Limited v. United polytetrafluoroethylene resin from Italy. The review covers one manufacturer/ Television Receivers, Monochrome States, 88 F.3d 1034 (Fed. Cir. 1996). As exporter, Ausimont S.p.A, for the period and Color, From Japan: Notice of Final there is now a final and conclusive August 1, 1995, through July 31, 1996. Court Decision and Amended Final court decision in this action, we are We gave interested parties an Results of Antidumping Duty amending our final results of review in opportunity to comment on our Administrative Review this matter and we will subsequently instruct the U.S. Customs Service to preliminary results. We received AGENCY: Import Administration, liquidate entries subject to this review. comments from Ausimont and E.I. International Trade Administration, DuPont de Nemours & Company, the Department of Commerce. Amendment to Final Result of Review petitioner in this proceeding. We have ACTION: Notice of final court decision Pursuant to 19 U.S.C. 1516a(e), we are changed our preliminary results as and amended final results of now amending the final results of explained below. The final margin for administrative review. administrative review for television Ausimont is listed below in the section receivers, monochrome and color, from ‘‘Final Results of Review.’’ SUMMARY: On July 3, 1996, the U.S. Japan, with respect to FGL, for the EFFECTIVE DATE: September 16, 1997. Court of Appeals for the Federal Circuit above-referenced periods. The revised FOR FURTHER INFORMATION CONTACT: upheld the Department of Commerce’s weighted-average margin for these Chip Hayes or Richard Rimlinger, Office (the Department’s) remand periods is 26.17 percent. of AD/CVD Enforcement, Import determination in this case. See Fujitsu Accordingly, the Department will Administration, International Trade General Ltd. v. United States, 88 F.3d determine, and the Customs Service will Administration, U.S. Department of 1034 (Fed. Cir. 1996). As there is now assess, antidumping duties on all Commerce, 14th Street and Constitution a final and conclusive court decision in appropriate entries of the subject Avenue, N.W., Washington, D.C. 20230; this action, we are amending our final merchandise made by FGL and covered telephone (202) 482–4733. results of review in this matter and we by this review. Individual differences will subsequently instruct the Customs between United States price and foreign SUPPLEMENTARY INFORMATION: Service to liquidate entries subject to market value may vary from the The Applicable Statute and Regulations this review. percentage stated above. The Unless otherwise indicated, all EFFECTIVE DATE: September 16, 1997. Department will issue appraisement citations to the Tariff Act of 1930, as FOR FURTHER INFORMATION CONTACT: instructions directly to the Customs Service. Furthermore, the cash deposit amended (the Tariff Act), are references Irene Darzenta or Sheila Forbes, to the provisions effective January 1, AD/CVD Enforcement, Import rate for FGL which will be effective upon publication of these amended final 1995, the effective date of the Administration, International Trade amendments made to the Tariff Act by Administration, U.S. Department of results of review for all shipments of the subject merchandise made by FGL the Uruguay Round Agreements Act Commerce, 14th Street and Constitution (URAA). In addition, unless otherwise Avenue, NW., Washington, DC 20230; entered, or withdrawn from warehouse, for consumption on or after the indicated, all citations to the telephone (202) 482–6320 and (202) Department’s regulations are to 19 CFR 482–0065, respectively. publication date, and will remain in effect until publication of the final part 353 (1997). SUPPLEMENTARY INFORMATION: results of the next administrative Background review, will be 26.17 percent. Background On May 13, 1997, the Department of On February 11, 1991, the Department Dated: September 10, 1997. Commerce (the Department) published published its final results of Jeffrey P. Bialos, in the Federal Register the preliminary administrative review of television Acting Assistant Secretary for Import results of its 1995–96 administrative receivers, monochrome and color, from Administration. review of the antidumping duty order Japan covering imports from 11 [FR Doc. 97–24563 Filed 9–15–97; 8:45 am] on granular polytetrafluoroethylene manufacturers/exporters during various BILLING CODE 3510±DS±M resin (PTFE) from Italy (62 FR 26283). Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48593

We gave interested parties an DuPont asserts that the Department Products from the Netherlands (62 FR opportunity to comment on the should continue to use the purchase and 18476, April 15, 1997) and Certain Cold- preliminary results. We received briefs blanket order dates as the dates of sale Rolled and Corrosion-Resistant Carbon from Ausimont S.p.A (Ausimont) and for identifying contemporaneous home Steel Flat Products from Korea (62 FR E.I. DuPont de Nemours & Company market sales. 18404, April 15, 1997) as an affirmation (DuPont). There was no request for a Department’s Position: The record of this methodology. Therefore, hearing. The Department has now indicates that Ausimont’s U.S. prices Ausimont maintains that the conducted this review in accordance and quantities are not usually fixed Department should continue to use total with section 751 of the Tariff Act. before the invoice date. Thus, we expenses and total actual profit to continue to hold that the date of invoice determine CEP profit for the final Scope of the Review is the correct date for determining date results. Ausimont also states that it The product covered by this review is of sale. (See Antidumping Duties: continues to protest Petitioner’s attempt granular PTFE resins, filled or unfilled. Proposed Rule, 61 FR 7308, February to raise an untimely affirmative This order also covers PTFE wet raw 27, 1996, section 351.401(i) at 7381, and argument in Petitioner’s rebuttal brief. polymer exported from Italy to the preamble at 7330; March 29, 1996 Department’s Position: We agree with United States. See Granular memorandum from the Assistant Ausimont that we erred in the Polytetrafluoroethylene Resin from Secretary for Import Administration to calculation of its CEP-profit ratio by Italy; Final Determination of the Deputy Assistant Secretaries for failing to include manufacturing costs Circumvention of Antidumping Duty Import Administration; Certain Internal- for U.S. operations in the CEP-profit Order, 58 FR 26100 (April 30, 1993). Combustion Industrial Forklift Trucks ratio calculation which we applied to This order excludes PTFE dispersions in From Japan, 62 FR 5592, February 6, total U.S. expenses. We also agree with water and fine powders. During the 1997.) Ausimont that it is our normal practice period covered by this review, such Comment 2: Ausimont contends that, to use the aggregate of all expenses and merchandise was classifiable under item in calculating the constructed export profit in the calculation of CEP profit. number 3904.61.00 of the Harmonized price (CEP) profit ratio based on The Department’s general practice in the Tariff Schedule (HTS). We are providing Ausimont’s financial statements, the calculation of profit rates is to this HTS number for convenience and Department erred by failing to include incorporate all selling, general and customs purposes only. The written manufacturing costs for U.S. operations administrative expenses and expenses description of the scope remains in the calculation of the amount of normally employed in the calculation of dispositive. profit for the firm, while attributing the the cost of production. In this case, if we The review covers one Italian profit ratio to those costs in deriving a were to use Ausimont’s operating profit manufacturer/exporter of granular PTFE CEP-profit adjustment. Ausimont states as part of the CEP-profit calculation, we resin, Ausimont, and the period August that this results in a profit allocation would necessarily exclude from that 1, 1995 through July 31, 1996. that is not an ‘‘apples-to-apples’’ calculation certain expenses that we Analysis of Comments Received comparison in its calculation and would usually include were we to application and creates an unfair and compute the cost of production for Comment 1: Ausimont contends that inflated apportionment of profit both to Ausimont. Therefore, it is more the Department erred in using the Ausimont’s further-manufacturing appropriate in this instance for the purchase order date or blanket order operations and to its U.S. selling calculation of CEP profit to start with date as the date of sale in the U.S. activities. Respondent contends that the Ausimont’s reported net income. As in market. The firm asserts that the Department should recalculate the profit this case, where we must compute CEP Department should have used the date ratio by including those manufacturing profit using information from financial of invoice as the date of sale and states costs in the total expense amount. statements, our methodology for that this is the Department’s current DuPont responds that it agrees that calculating total cost for the purpose of practice and its intention as stated in the Department’s profit-ratio calculation determining CEP profit, although the proposed regulations (citing is incorrect. However, DuPont argues subject to data limitations, is generally Antidumping Duties: Proposed Rule, 61 that, rather than correct its calculation, the same as that used to calculate the FR 7308, February 27, 1996), finalized the Department should calculate a CEP- cost of manufacture and SG&A expenses in the same form on May 19, 1997 (62 profit ratio based on the operating for purposes of determining the cost of FR 27296). Ausimont also cites to a income and operating expenses for production and constructed value. March 29, 1996 memorandum signed by Ausimont U.S.A. and the Fluoride Thus, we included the total cost of the Assistant Secretary for Import Specialties segment of Ausimont SpA. materials and fabrication and SG&A Administration that implements the DuPont states that it is the Department’s expenses in our calculation of date-of-invoice methodology effective policy to use an operating profit rather Ausimont’s CEP profit. April 1, 1996. than a net profit. This practice for calculating a net DuPont replies that the proposed In rebuttal to DuPont’s argument, profit is consistent with the Statement regulations do not oblige the Ausimont states, among other things, of Administrative Action (H.R. Doc. 316, Department to use the date-of-invoice that there is no precedent for using an Vol. 1 103d Cong., 2d sess. (1994)) methodology. The petitioner points out operating profit in the calculation of a (SAA), which repeatedly gives reference that the Department has the discretion CEP-profit ratio. Respondent points out to total production and selling expenses to use a date other than the date of that in section 351.402(d)(1) of its in determining CEP profit. For example, invoice if such a date better reflects the proposed (and now finalized) when discussing alternatives for the use date on which the exporter establishes regulations the Department indicated a of financial reports, the SAA states that the material terms of sale. The petitioner preference for using the aggregate of the use of reports ‘‘will depend on the believes that the reported purchase and expenses and profit in calculating total detail in which such reports break down blanket order dates more adequately expenses and total actual profit. total production and selling expenses reflect the date on which material terms Ausimont also refers to the and profits’ (SAA at 825, emphasis of sale were established for most of Department’s final results concerning added). In addition, in cases in which Ausimont’s U.S. sales. Therefore Certain Cold-Rolled Carbon Steel Flat we have explained the calculation of 48594 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

CEP profit, we frequently refer to the adjustment in this instance. For these 353.38(a). The CEP-profit calculation is term ‘‘total profit’’ and ‘‘all expenses’’, final results, we have calculated a new methodology to implement thus making it clear that the calculation respondent’s CEP-profit ratio based on provisions of the URAA. Therefore, the of CEP profit is based on the company’s total profit and total expenses and Department chose to exercise its profits net of all expenses, i.e., net ensured that we have included cost for prerogative to consider the argument income. See Certain Cold-Rolled and manufacturing operations in the United and solicit rebuttal from respondent in Corrosion-Resistant Carbon Steel Flat States in the computation of the profit order to more fully explore the issue. Products From Korea: Final Results of rate to apply to U.S. expenses. The Department has now had the Antidumping Duty Administrative With regard to respondent’s claim that opportunity to consider comments and Reviews, 62 FR 18404, 18440 (April 15, it was inappropriate for the Department make a fully informed determination. 1997); Notice of Final Determination of to accept petitioner’s untimely Sales at Less Than Fair Value: Certain submission of an affirmative argument, Final Results of the Review Pasta From Italy, 61 FR 30326, 30352 we disagree with the respondent. The (June 14, 1996). Therefore, we disagree Department has the right to seek We determine the that following with DuPont that an operating profit is comments or additional information at weighted-average dumping margin appropriate for determining a CEP-profit any time during a proceeding. 19 CFR exists:

Margin Manufacturer/exporter Period (percent)

Ausimont S.p.A...... 08/01/95±07/31/96 5.95

The Department shall determine, and received a company-specific rate; (3) if Dated: September 9, 1997. the Customs Service shall assess, the exporter is not a firm covered in this Jeffrey P. Bialos, antidumping duties on all appropriate review, a previous review, or the Acting Assistant Secretary for Import entries. Ausimont’s sales were all original investigation, but the Administration. through its subsidiary in the United manufacturer is, the cash deposit rate [FR Doc. 97–24562 Filed 9–15–97; 8:45 am] States. Therefore, we divided the total will be that established for the BILLING CODE 3510±DS±P dumping margins for the reviewed sales manufacturer of the merchandise in the by the total entered value of those final results of this review, a previous reviewed sales. We will direct Customs review, or the LTFV investigation; and DEPARTMENT OF COMMERCE to assess the resulting percentage (4) if neither the exporter nor the margin against the entered Customs manufacturer is a firm covered in this or International Trade Administration values for the subject merchandise on any previous review, the cash deposit [A±588±835] entries during the period of review rate will be 46.46 percent, the ‘‘all (POR). While the Department is aware others’’ rate established in the LTFV Oil Country Tubular Goods From that the entered value of sales during investigation (50 FR 26019, June 24, Japan; Final Results of Antidumping the POR is not necessarily equal to 1985). Duty Administrative Review entered value of entries during the POR, This notice serves as a final reminder use of entered value of sales as the basis to importers of their responsibility AGENCY: Import Administration, of the assessment rate permits the under 19 CFR 353.26 to file a certificate International Trade Administration, Department to collect a reasonable regarding the reimbursement of Department of Commerce. approximation of the antidumping antidumping duties prior to liquidation ACTION: Final results of antidumping duties which would have been of the relevant entries during this duty administrative review. determined if the Department had review period. Failure to comply with reviewed those sales of merchandise this requirement could result in the SUMMARY: On May 12, 1997, the actually entered during the POR. The Secretary’s presumption that Department of Commerce (‘‘the Department will issue appraisement reimbursement of antidumping duties Department’’) published the preliminary instructions directly to the Customs occurred and the subsequent assessment results of the administrative review of Service. of double antidumping duties. the antidumping duty order on oil Furthermore, the following deposit This notice also serves as the only country tubular goods (‘‘OCTG’’) from requirements will be effective for all reminder to parties subject to Japan. This review covers one producer/ shipments of the subject merchandise administrative protective orders (APOs) exporter, NKK Corporation of Japan entered, or withdrawn from warehouse, of their responsibility concerning the (‘‘NKK’’), entries of drill pipe during the for consumption on or after the disposition of proprietary information period August 11, 1995 through July 31, publication date of these final results of disclosed under APO in accordance 1996, and entries of OCTG other than administrative review, as provided by with 19 CFR 353.34(d)(1). Timely drill pipe during the period February 2, section 751(a)(1) of the Tariff Act: (1) written notification of the return/ 1995 through July 31, 1996. We gave The cash deposit rate for Ausimont will destruction of APO materials or interested parties an opportunity to be 5.95 percent; (2) for merchandise conversion to judicial protective order is comment on our preliminary results. exported by manufacturers or exporters hereby requested. Failure to comply After reviewing the comments received, not covered in this review but covered with the regulations and the terms of an we have determined not to change the in the original less-than-fair-value APO is a sanctionable violation. results from those presented in the (LTFV) investigation or a previous This administrative review and notice preliminary results of review. review, the cash deposit will continue are in accordance with section 751(a)(1) This review was initiated in response to be the most recent rate published in of the Tariff Act (19 USC 1675(a)(1)) and to requests by importers, Helmerich & the final determination or final results section 353.22 of the Department’s Payne, Inc. (‘‘H&P’’) and Caprock Pipe for which the manufacturer or exporter regulations (19 CFR 353.22 (1997)). and Supply (‘‘Caprock’’), for a review of Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48595

NKK and HEBRA AS (‘‘HEBRA’’), circular cross-section, including only oil H&P’s Comments respectively. Although we initiated a well casing, tubing and drill pipe, of H&P argues that sales of merchandise review of both NKK and HEBRA, we iron (other than cast iron) or steel (both entered by H&P during the POR are not rescinded the review with respect to carbon and alloy), whether seamless or subject to this administrative review HEBRA because Caprock timely welded, whether or not conforming to because the dates of sale associated with withdrew its request for review. American Petroleum Institute (‘‘API’’) or these entries are prior to the POR, and, EFFECTIVE DATE: September 16, 1997. non-API specifications, whether in fact, prior to the imposition of the FOR FURTHER INFORMATION CONTACT: finished or unfinished (including green antidumping order. Steve Bezirganian, Alain Letort, or John tubes and limited service OCTG H&P states that it purchased the Kugelman, AD/CVD Enforcement Group products). This scope does not cover merchandise from MC Tubular III—Office 8, Import Administration, casing, tubing, or drill pipe containing Products, Inc. (‘‘MCTP’’), a Japanese International Trade Administration, 10.5 percent or more of chromium. The corporation, and imported it into a U.S. Department of Commerce, 14th OCTG subject to this order are currently foreign trade zone. H&P indicates it Street and Constitution Avenue, N.W., classified in the Harmonized Tariff believes MCTP had purchased this Washington, D.C. 20230, telephone 202/ Schedule of the United States merchandise from Mitsubishi 482–1395 (Bezirganian), 202/482–4243 (‘‘HTSUS’’) under item numbers: Corporation, a Japanese trading (Letort), or 202/482–0649 (Kugelman), 7304.29.10.10, 7304.29.10.20, company, and that Mitsubishi fax 202/482–1388. 7304.29.10.30, 7304.29.10.40, Corporation (‘‘MC’’) had purchased the merchandise from NKK, an unaffiliated SUPPLEMENTARY INFORMATION: 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, Japanese manufacturer. Furthermore, Applicable Statute 7304.29.20.20, 7304.29.20.30, H&P indicates that it was its Unless otherwise indicated, all 7304.29.20.40, 7304.29.20.50, understanding that NKK had known citations to the statute are references to 7304.29.20.60, 7304.29.20.80, that the ultimate destination of the the provisions effective January 1, 1995, 7304.29.30.10, 7304.29.30.20, merchandise was the United States. the effective date of the amendments 7304.29.30.30, 7304.29.30.40, H&P concludes that ‘‘[g]iven the made to the Tariff Act of 1930 (‘‘the 7304.29.30.50, 7304.29.30.60, structure of these transactions, the sale Act’’) by the Uruguay Round 7304.29.30.80, 7304.29.40.10, from NKK to Mitsubishi Corporation Agreements Act (‘‘URAA’’). In addition, 7304.29.40.20, 7304.29.40.30, constituted an exporter’s price sale (see unless otherwise indicated, all citations 7304.29.40.40, 7304.29.40.50, e.g., Antifriction Bearings (Other than to the Department’s regulations are to 19 7304.29.40.60, 7304.29.40.80, Tapered Roller Bearings) and Parts CFR Part 353 (April 1997). 7304.29.50.15, 7304.29.50.30, Thereof From the Federal Republic of 7304.29.50.45, 7304.29.50.60, Germany; Final Results of Antidumping Background Duty Administrative Review, 56 FR 7304.29.50.75, 7304.29.60.15, 31747 (July 11, 1991); Antifriction The Department published an 7304.29.60.30, 7304.29.60.45, Bearings (Other than Tapered Roller antidumping duty order on OCTG from 7304.29.60.60, 7304.29.60.75, Bearings) and Parts Thereof From Japan on August 11, 1995 (60 FR 41058). 7304.21.30.00, 7304.21.60.30, France et al.; Final Results of The Department published a notice of 7304.21.60.45, 7304.21.60.60, Antidumping Duty Administrative ‘‘Opportunity to Request an 7305.20.20.00, 7305.20.40.00, Administrative Review’’ of the Reviews, 57 FR 28428 (June 24, 1992),’’ 7305.20.60.00, 7305.20.80.00, and, ‘‘[a]s such, the date of sale should antidumping duty order for the 1995/96 7306.20.10.30, 7306.20.10.90, review period on August 12, 1996 (61 be considered to be the date of NKK’s 7306.20.20.00, 7306.20.30.00, FR 41768). On August 28, 1996, H&P, an invoice to MC.’’ Case Brief of H&P (June 7306.20.40.00, 7306.20.60.10, importer of drill pipe, requested an 10, 1997) at 3. Alternatively, H&P 7306.20.60.50, 7306.20.80.10, and administrative review of sales of subject submits that the date of the purchase 7306.20.80.50. merchandise produced by NKK and agreement between H&P and MCTP imported, or withdrawn from a foreign Many of these HTSUS numbers reflect could be the date of sale. H&P notes that trade zone, during the review period changes made to the HTSUS since the regardless of which date is considered (August 11, 1995, through July 31, 1996) less-than-fair value (‘‘LTFV’’) the date of sale, the sale dates for the for drill pipe. We initiated a review of investigation. Although the HTSUS merchandise in question were prior to NKK on September 17, 1996 (61 FR subheadings are provided for the effective date of the order in this 48882). Caprock, an importer of used convenience and customs purposes, the case, and thus should not be subject to OCTG, requested a review of HEBRA written description of the scope of this the assessment of antidumping duties. (which Caprock identified as a proceeding is dispositive. H&P’s submission dated November 4, 1996, at 3. Norwegian-based export company), but The period of review (‘‘POR’’) is H&P relies upon General Electric v. later timely withdrew that request. August 11, 1995 through July 31, 1996, United States, 17 CIT 268 (1993) On May 12, 1997, the Department for drill pipe, and February 2, 1995 (‘‘General Electric’’) in support of its published in the Federal Register the through July 31, 1996, for OCTG other preliminary results of the first argument that sales prior to the period than drill pipe. This review covers of review are not subject to review (see administrative review of the entries of OCTG produced by NKK. antidumping duty order on OCTG from page 3 of H&P’s case brief) and ‘‘should Japan (62 FR 25889). The Department Analysis of Comments Received not be subject to the assessment of has now completed this administrative antidumping duties’’ (see H&P review in accordance with section 751 We gave interested parties an submission, November 4, 1996, at 3). of the Act. opportunity to comment on the H&P states that the plaintiff in the preliminary results. We received General Electric case argued that since Scope of the Review comments from H&P on June 10, 1997. entries occurred during the POR, the The merchandise covered by this H&P requested a public hearing, which Department was required to calculate a order is OCTG, hollow steel products of was held on July 2, 1997. margin for the sales even if the sales 48596 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices were outside the POR. H&P notes that in entries during the period.’’ The CIT Ferrosilicon From Brazil, 62 FR 43504, General Electric, the Department ruled that by examining the amount of 43510 (August 14, 1997). requested a remand since those sales dumping on sales during the POR, the H&P indicated that a Department identified by the plaintiff which Department would assess the correct official had confirmed ‘‘that a full occurred before the POR should have amount of antidumping duties on all of review of sales made during the relevant been excluded from the antidumping General Electric’s entries during the period by NKK will result from the duty calculations. H&P further notes POR. While the parties in General filing of [its] administrative review that the Court of International Trade Electric focused on the proper way to request dated August 28, 1996.’’ Page 1 (‘‘CIT’’) agreed with this Department assess entries during the POR, there was of H&P’s September 4, 1996, position and ordered a remand to no dispute over whether entries should submission, at 1 (emphasis added). exclude those sales made prior to the have been assessed antidumping duties. However, such a full review would have POR from the calculation of the As a result, General Electric does not been consistent with normal practice, assessment rate. Thus, H&P concludes support H&P’s argument that entries since typically EP sales made during the that the Department must exclude the that occurred during the POR should be POR are associated with entries during subject sales from administrative excluded from administrative review if the POR. In fact, in part because of review, and requests the Department to sales occurred outside the POR. NKK’s failure to respond to the instruct U.S. Customs to liquidate the In this review, H&P has not argued Department’s questionnaire, it is not entries of this merchandise without the that the POR entries could not be linked clear from the record of this review that assessment of antidumping duties. to the sales, or that the Department NKK did not make U.S. sales during the intended to base its calculations only POR, or that there were no additional Department’s Position upon U.S. sales during the POR. Unlike POR entries into the United States of Section 751(a)(2) of the Act specifies General Electric, in this administrative subject merchandise produced by NKK. that, for the purposes of a review under review the Department never suggested Furthermore, H&P’s admission that section 751(a)(1)(B), the Department is that it would diverge from its preferred various dates may be considered the to determine ‘‘the normal value and practice for reviewing EP (formerly date of sale, the speculative nature of its export price (or constructed export purchase price) transactions. Thus, the description of stages of the sales price) of each entry of the subject Department requested that respondents process, and NKK’s failure to provide a merchandise, and * * * the dumping respond fully to the Department’s complete response to the Department’s margin for each such entry.’’ 19 U.S.C. questionnaire, including reporting all questionnaire casts further doubt upon 1675(a)(2)(A)(i) (emphasis added). entries of subject merchandise during any assertions regarding POR entries of Because H&P requested a review of NKK the POR that were associated with U.S. subject merchandise produced by NKK. merchandise, and because there were sales. The September 19, 1996, As indicated in our preliminary entries of NKK merchandise during the questionnaire sent to NKK indicated, at results, NKK’s failure to respond to our POR, we requested that NKK submit a page C–1, that the respondent should questionnaire requires the Department complete response to our antidumping ‘‘[r]eport each U.S. sale of merchandise to resort to the use of facts available. For questionnaire. NKK’s failure to provide entered for consumption during the these final results we have continued to such a response to the questionnaire POR, except: (1) for EP sales, if you do assign to NKK the corroborated petition warrants the application of facts not know the entry dates, report each rate of 44.20 percent, which constitutes available in determining the appropriate transaction involving merchandise the highest rate for any company for the margin. Pursuant to section shipped during the POR * * *’’ same class or kind of merchandise from 1675(a)(2)(C) of the Act, the margin (emphasis added). the same country from this or any prior determination shall be the basis for both Furthermore, the Department’s notice segment of the proceeding. See Oil the assessment of antidumping duties of opportunity to request a review of the Country Tubular Goods from Japan; and the deposit of estimated antidumping order on OCTG stated that Notice of Partial Rescission of antidumping duties. Thus, as discussed ‘‘[i]f the Department does not receive, by Antidumping Duty Administrative below, the assessment and cash deposit August 31, 1996, a request for review of Review and Preliminary Results of rates for NKK will be 44.20 percent, the entries covered by an order or finding Antidumping Administrative Review, highest rate from the petition. listed in this notice and for the period 62 FR 25889, 25890 (May 12, 1997). The circumstances in General Electric identified above, the Department will differed from those in this review. The instruct the Customs Service to assess Final Results of Review issue before the CIT in General Electric antidumping or countervailing duties on As a result of this review we have was whether the Department properly those entries at a rate equal to the cash determined that the following margin calculated the amount of antidumping deposit of (or bond for) estimated exists for entries of drill pipe during the duties to be assessed on all entries antidumping or countervailing duties period August 11, 1995 through July 31, during the POR. In General Electric, the required on those entries at the time of 1996, and for entries of OCTG other Department reviewed sales rather than entry, or withdrawal from warehouse, than drill pipe during the period entries during the POR, and therefore for consumption and to continue to February 2, 1995 through July 31, 1996: could not derive duties on an entry by collect the cash deposit previously entry basis. As the Department stated in ordered’’ (emphasis added). See OCTG the final results of the administrative Antidumping or Countervailing Duty review being reviewed by the CIT, Order, Finding, or Suspended Weighted- ‘‘[s]ince units entered and units sold are Investigation; Opportunity to Request average Producer/manufacturer/exporter margin almost identical in purchase price Administrative Review, 61 FR 41768, (percent) situations, we can collect a close 41771. Therefore, it was clear that all approximation of the total dumping POR entries would be subject to the NKK ...... 44.20 duty liability by calculating importer- review process, regardless of whether specific per-unit amounts for sales the date of sale was within the POR. See The Department shall determine, and during the period of review and Notice of Final Results of Antidumping the U.S. Customs Service shall assess, applying those per-unit amounts to Duty Administrative Review: antidumping duties on all appropriate Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48597 entries. The Department shall issue Dated: September 9, 1997. FR 25917) the preliminary results of its appraisement instructions directly to Jeffrey P. Bialos, administrative review of the the Customs Service. Acting Assistant Secretary for Import antidumping duty order on sulfanilic Furthermore, the following deposit Administration. acid from the PRC (57 FR 37524, August 19, 1992). This review covers exports of requirements shall be effective upon [FR Doc. 97–24470 Filed 9–15–97; 8:45 am] subject merchandise to the United publication of this notice of final results BILLING CODE 3510±DS±P States for the period August 1, 1995 of review for all shipments of OCTG through July 31, 1996, and all PRC from Japan entered, or withdrawn from DEPARTMENT OF COMMERCE exporters of sulfanilic acid, including, warehouse, for consumption on or after but not limited to, the following thirteen the publication date, as provided for by International Trade Administration firms: China National Chemical Import section 751(a)(1) of the Act: (1) The cash [A±570±815] and Export Corporation, Hebei Branch deposit rates for NKK will be the rate for (Sinochem Hebei); China National the firm as stated above; (2) for Sulfanilic Acid From the People's Chemical Construction Corporation, previously investigated companies not Republic of China; Final Results of Beijing Branch; China National listed above, the cash deposit rate will Antidumping Duty Administrative Chemical Construction Corporation, continue to be the company-specific rate Review Qingdao Branch; Sinochem Qingdao; published for the most recent period; (3) Sinochem Shandong; Baoding No. 3 if the exporter is not a firm covered in AGENCY: International Trade Chemical Factory; Jinxing Chemical these reviews, or the original LTFV Administration, Import Administration, Factory; Zhenxing Chemical Factory; investigation, but the manufacturer is, Department of Commerce. Mancheng Zinyu Chemical Factory, the cash deposit rate will be the rate ACTION: Notice of final results of the Shijiazhuang; Mancheng Xinyu established for the most recent period 1995–1996 antidumping administrative Chemical Factory, Bejing; Hainan for the manufacturer of the review of Sulfanilic Acid from the Garden Trading Company; Yude merchandise; and (4) if neither the People’s Republic of China. Chemical Company and Shunping Lile. We have now completed the exporter nor the manufacturer is a firm SUMMARY: On May 12, 1997, the administrative review in accordance covered in this review, the cash deposit Department of Commerce (the with section 751 of the Act. rate will continue to be 44.20 percent, Department) published the preliminary which was the ‘‘all others’’ rate in the results of its administrative review of Scope of the Review LTFV investigation. the antidumping duty order on Imports covered by this review are all The deposit requirements, when sulfanilic acid from the People’s grades of sulfanilic acid, which include imposed, shall remain in effect until Republic of China (PRC). This review technical (or crude) sulfanilic acid, publication of the final results of the covers the period August 1, 1995 refined (or purified) sulfanilic acid and next administrative reviews. through July 31, 1996, and all PRC sodium salt of sulfanilic acid. Sulfanilic exporters of the subject merchandise. acid is a synthetic organic chemical This notice serves as a final reminder We gave all interested parties an produced from the direct sulfonation of to importers of their responsibility opportunity to comment on our aniline with sulfuric acid. Sulfanilic under 19 CFR 353.26 to file a certificate preliminary results. After we reviewed acid is used as a raw material in the regarding the reimbursement of the comments received, the margins in production of optical brighteners, food antidumping duties prior to liquidation the final results did not change from colors, specialty dyes, and concrete of the relevant entries during this those presented in the preliminary additives. The principal differences review period. Failure to comply with results. between the grades are the undesirable this requirement could result in the EFFECTIVE DATE: September 16, 1997. quantities of residual aniline and alkali Secretary’s presumption that insoluble materials present in the FOR FURTHER INFORMATION CONTACT: reimbursement of antidumping duties sulfanilic acid. All grades are available Kristen Smith or Kristen Stevens, as dry, free flowing powders. occurred and the subsequent assessment Import Administration, International of double antidumping duties. Technical sulfanilic acid contains 96 Trade Administration, U.S. Department percent minimum sulfanilic acid, 1.0 This notice also serves as a reminder of Commerce, 14th Street and percent maximum aniline, and 1.0 to parties subject to administrative Constitution Avenue, N.W., Washington percent maximum alkali insoluble protective order (‘‘APO’’) of their D.C. 20230; telephone (202) 482–3793. materials. Refined sulfanilic acid responsibility concerning the SUPPLEMENTARY INFORMATION: contains 98 percent minimum sulfanilic disposition of proprietary information acid, 0.5 percent maximum aniline and Applicable Statute disclosed under APO in accordance 0.25 percent maximum alkali insoluble with section 353.34(d) of the Unless otherwise indicated, all materials. Department’s regulations. Timely citations to the statute are references to Sodium salt is a powder, granular or notification of return/destruction of the provisions effective January 1, 1995, crystalline material which contains 75 APO materials or conversion to judicial the effective date of the amendments percent minimum equivalent sulfanilic protective order is hereby requested. made to the Tariff Act of 1930 (the Act) acid, 0.5 percent maximum aniline Failure to comply with the regulations by the Uruguay Round Agreements Act based on the equivalent sulfanilic acid and the terms of an APO is a (URAA). In addition, unless otherwise content, and 0.25 percent maximum sanctionable violation. indicated, all citations to the alkali insoluble materials based on the Department’s regulations are to 19 CFR equivalent sulfanilic acid content. These administrative reviews and part 353 (April 1997). This merchandise is classifiable under notice are in accordance with section Harmonized Tariff Schedule (HTS) 751(a)(1) of the Act (19 U.S.C. Background subheadings 2921.42.22 and 2921.42.90. 1675(a)(1)) and section 353.22 of the On May 12, 1997, the Department Although the HTS subheadings are Department’s regulations. published in the Federal Register (62 provided for convenience and customs 48598 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices purposes, our written description of the petition, as adjusted for initiation and Brake Rotors from the PRC, 62 FR scope of this proceeding is dispositive. purposes, to the extent possible. The 9163; Persulfates from the PRC, 61 FR petition data on major material inputs 68,232, 68,235; Sebacic Acid from the Use of Facts Otherwise Available are consistent with Indian import PRC, 59 FR 565, 568; and Only two firms, Yude and Zhenxing, statistics, and also with price quotations Tehnoimportexport v. United States, 16 responded to the Department’s obtained by the U.S. Embassies in CIT 13, 783 F. Supp. 1401 (1992). questionnaire and demonstrated that Pakistan and India. Both of these Petitioner also argues that the they are entitled to a separate rate. All corroborating sources were placed on profitability of surrogate country firms that have not demonstrated that the record during the investigation and producers in export markets is they qualify for a separate rate are have been added to the record of this irrelevant to the Department’s valuation deemed to be part of a single enterprise review. In addition, we note that the of the factors of production utilized by under the common control of the petition used World Bank labor rates the NME enterprises under government (the ‘‘PRC enterprise’’). which we have repeatedly found to be investigation. Thus, they urge the Therefore, all such entities receive a a probative source of data. Based on our Department to disregard respondents’ single margin, the ‘‘PRC rate.’’ We ability to corroborate other elements of argument that Indian producers could preliminarily determine, in accordance the petition calculation, we not make a profit on export sales if they with section 776(a) of the Act, that preliminarily find that the information used Indian-produced aniline. resort to the facts otherwise available is contained in the petition has probative Furthermore, Petitioner contends that appropriate for the PRC rate because value. the values for imported aniline used in companies deemed to be part of the PRC Accordingly, we have relied upon the the preliminary results cannot be used enterprise for which a review was information contained in the petition. because, they claim, these values are requested have not responded to the We have assigned to all exporters other based on subsidized prices. According Department’s antidumping than Yude and Zhenxing a margin of to petitioners, the Department has questionnaire. 85.20 percent, the margin in the determined that the Indian Advanced Where the Department must resort to petition, as adjusted by the Department License program is a countervailable the facts otherwise available because a for initiation purposes. subsidy under U.S. law. Sulfanilic Acid respondent fails to cooperate by not From India, 57 FR 35,785 (Aug. 11, acting to the best of its ability to comply Analysis of Comments Received 1992); Sulfanilic Acid From India, 58 with a request for information, section We invited interested parties to FR 12,026 (Mar. 2, 1993). Under this 776(b) of the Act authorizes the comment on the preliminary results. We program the normal 85% duty on Department to use an inference adverse received written comments from Yude imported aniline is not collected if to the interests of that respondent in Chemical Industry Co. (Yude), Zhenxing sulfanilic acid produced with imported choosing from the facts available. Chemical Industry Co. (Zhenxing), PHT aniline is subsequently exported. Section 776(b) also authorizes the International, Inc. (PHT), and from the Petitioner contends that Indian Department to use as adverse facts petitioner, Nation Ford Chemical sulfanilic acid producers receive a available information derived from the Company. government subsidy to the extent that petition, the final determination of the Comment 1: Petitioner claims that the they pay duty-free prices for imported less than fair value investigation or a use of Indian import prices for aniline aniline. previous administrative review, or other as the surrogate value for aniline used Petitioner states that the Department information placed on the record. The by the PRC respondents in this case is is precluded from using imported Statement of Administrative Action inappropriate because the plain aniline prices due to the reasons stated (SAA) accompanying the URAA language of the statute does not permit above. Therefore, Petitioner contends clarifies that information from the the Department to use imported aniline that the Department should use as petition and prior segments of the prices when the NME respondents use surrogate values the domestic market proceeding is ‘‘secondary information.’’ domestically-sourced aniline. Petitioner prices for aniline published in the See H.Doc. 3216, 103rd Cong. 2d Sess. contends that the Department Indian publications Chemical Business 870 (1996). If the Department relies on incorrectly based the surrogate value for and Chemical Weekly. Petitioner states secondary information as facts available, aniline on Indian sulfanilic acid that these are ‘‘contemporaneous, section 776(c) provides that the production processes, instead of product-specific, tax-exclusive, and Department shall, to the extent reported PRC production processes. non-export prices.’’ Petitioner maintains practicable, corroborate such Petitioner contends that the Department that these publications are reliable information using independent sources must first identify the NME factors of sources as evidenced by the reasonably at its disposal. The SAA production and then, using those same Department’s use of these sources in further provides that ‘‘corroborate’’ factors, obtain surrogate values from a several antidumping investigations and means simply that the Department will market economy country at a similar reviews involving PRC products, satisfy itself that the secondary level of economic development. including the Department’s valuation of information to be used has probative Petitioner contends that because activated carbon in the preliminary value. However, where corroboration is respondents use domestically-sourced results of this case. not practicable, the Department may use aniline to manufacture sulfanilic acid, Respondent argues that the uncorroborated information. the Department must value aniline Department correctly valued aniline In the present case the Department using prices for aniline domestically using Indian import statistics because has based the margin on information in produced in India. Indian sulfanilic acid producers used the petition. See Notice of Final Petitioner also contends that the imported aniline to produce sulfanilic Determination of Sales at Less Than Fair Department has recently stated a clear acid for export. Respondents refer to the Value: Circular Welded Non-Alloy Steel preference for using domestic market 1993–94 and 1994–95 administrative Pipe from South Africa, 61 FR 24272 prices in the surrogate country to value reviews of this case in which the (May 14, 1996). In accordance with factors of production when such prices Department previously used Indian section 776(c) of the Act, we are available. As support for this import statistics in valuing aniline. corroborated the data contained in the position, Petitioner cites Brake Drums Respondents also cite the decision of Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48599 the Court of Appeals for the Federal produced) aniline. Aniline is a generic, producer-country subsidy that would Circuit (CAFC) in Lasko Metal Products, fungible input, not altered by whether it artificially lower the import price. India Inc. v. United States, 43 F.3d 1442, 1446 is imported or sourced in the same has no interest in subsidizing aniline (1994), in which the CAFC stated that in country in which it is used. The factor produced in other countries and the underlying case the best available to be valued in this case is not imported into India. Because any information on what the supplies used ‘‘domestic aniline’’ but simply subsidy which may be associated with by the Chinese manufacturers would ‘‘aniline.’’ the importation of aniline under the cost in a market economy country was Nor is Commerce compelled to use Advanced License Program for purposes the price charged for those supplies on domestic values simply because some of producing sulfanilic acid for export is the international market. Respondent domestic market values exist. The Court a subsidy not to aniline but to sulfanilic argues that the value of the aniline used of International Trade has long acid, it does not provide a reason for by the Indian producer to make recognized that Commerce has often rejecting aniline import values for sulfanilic acid for export is the import used import statistics (to value both purposes of serving as surrogates for the price for aniline, which reflects the cost inputs imported into NME countries cost of aniline (not sulfanilic acid) to of aniline on the international market. and imports sourced locally in NME PRC producers. Department Position: We agree with countries) and that import prices into Comment 2: Petitioner argues that if respondent that the Indian import the surrogate country are an acceptable the Department uses Indian import values provide a better approximation reflection of the value of that input in statistics to value aniline in the final than Indian domestic prices of what the the surrogate country. See, e.g., results, the Department should adjust inputs used by the Chinese Tehnoimportexport v. United States the import values upward to reflect manufacturers would cost were the PRC (1992), 783 F. Supp. 1401, 1405. In this Indian import duties. Petitioner a market economy country. Evidence on case, the prices for domestically contends that the Indian Advance the record of this review indicates that produced aniline on the record of this License program is similar to duty a two-tier pricing system for aniline review are not suitable for use as drawback. In the case of duty drawback exists in India as a result of the surrogates for the PRC cost of aniline the customs duty refunded to the combination of an 85% tariff on imports because these prices are artificially high importer would be added to U.S. Price of aniline and the effects of the due to India’s 85% import tax. under 19 U.S. C. 1677a(d)(1)(B) if the advanced license program, which With respect to the question of respondent can show that the importer waives that tariff when imported aniline whether Indian producers could took advantage of the duty drawback is used in the production of sulfanilic profitably produce sulfanilic acid for program. Petitioner argues that there is acid for export. Thus, Commerce had export using Indian-sourced aniline, we no evidence in this review that any of two main options in selecting a note that we have not based our choice the Indian producers of sulfanilic acid surrogate value for aniline: the Indian of surrogate value for aniline on took advantage of the Advance License domestic price paid by Indian producers respondents’ suggestion that this would program. Petitioners contend that the of sulfanilic acid for the Indian not be possible. No such finding is burden is on the Respondents to show domestic market and the duty-free, necessary. The aniline purchase choices that Indian sulfanilic acid producers Indian import price for aniline paid by of Indian manufacturers of sulfanilic either did not pay the import duties or Indian producers of sulfanilic acid for acid (as reflected in the record) are received refunds of import duties the export market. As in prior reviews, relevant primarily as an indication that payable on imports of aniline upon the Commerce has chosen to use the average the price of aniline when used for exportation of finished sulfanilic acid. Indian import price because it is the production of sulfanilic acid for sale in Petitioner also argues that because the value of the aniline used to produce India is unusually high, and thus, Indian Advanced License program has sulfanilic acid for the export market inappropriate for purposes of valuation been found to be a countervailable (and the costs constructed using the of PRC export production costs. subsidy under U.S. law, the Department surrogate methodology are the costs for Finally, petitioner’s argument that the should add the import duties to the Chinese production for the export aniline import values are ‘‘subsidized import values used as the surrogate market). prices’’ which therefore cannot be used value of aniline for this reason. Petitioner’s claim that the ‘‘factor of as surrogate values misses the mark. Respondents contend that the production’’ to be valued is ‘‘domestic Assuming, for the purposes of argument, Department should follow its precedent aniline,’’ such that the statute requires that the Indian Advanced License in the prior administrative reviews of that the value of this factor be assigned program identified in 1992 as this case and not add the 85% import based on aniline produced domestically constituting a subsidy to Indian- duty to the value of aniline taken from in India, has no support in law or fact. produced sulfanilic acid would still be the Indian Import Statistics. There is no indication on the record that found to be countervailable, this Respondents argue that the only way the aniline used by the Chinese program would constitute a subsidy to that Indian sulfanilic acid factories can producers, which their public response Indian-produced sulfanilic acid, not to produce sulfanilic acid for export is to indicates is locally sourced rather than aniline imported into India from other import aniline duty free under India’s imported, is physically or chemically countries. Thus, Commerce would avoid import duty exemption scheme. different from the aniline that is using, as a surrogate value, the export Respondents argue that the Department produced in India or imported into value of Indian-produced sulfanilic does not need to verify that every Indian India, or that the sulfanilic acid acid, but not of imported aniline. The producer and exporter uses the Advance ‘‘production process’’ is different in Indian Import Statistics used by the License program and should base its either China or India depending upon Department to value aniline are pre- determine on the evidence on the record whether imported or domestically- tariff prices, which are unaffected by of this investigation. sourced aniline is used. There is no whether or not subsequently added Department’s Position: We agree with reason why Commerce must base its duties charged to the importer are respondents that we should not add to valuation on ‘‘domestic’’ (Indian- waived on a given shipment. The sort of the Indian import values an amount produced) aniline because the PRC subsidy Commerce is concerned with corresponding to the 85% tax levied by factories use ‘‘domestic’’ (PRC- when it uses import prices is a the Indian government on imported 48600 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices aniline which is not subsequently used immaterial to the question of the value Department’s Surrogate Value in the manufacture of another product of aniline. Memorandum of May 5th, 1997 for this for export. Because these Indian import Finally, petitioner has no basis for review of sulfanilic acid from the PRC, duties do not represent costs that a PRC insisting that the 85% duty be added shows that the valuation of activated producer would pay if the PRC were a onto the aniline import value because of carbon was based on shipments varying market economy, it is the Department’s an alleged subsidy to the price of in total weight from 2 to 7.8 metric tons practice to refrain from including any imported aniline. As explained above, per shipment and were primarily such duties in an NME surrogate price. any subsidy that may exist is a subsidy imported by laboratories. In contrast, See, e.g., Tapered Roller Bearings from to Indian-produced sulfanilic acid, not the record of this review shows that the PRC, 62 FR 6173, 6177 (February 11, to aniline produced elsewhere and during the POR the respondent 1997)(Comment 3); Lockwashers from imported into India. companies used 90 to 100 metric tons of the PRC, 58 FR 48833, 48843 Comment 3: Respondents contend activated carbon as compared to the (September 20, 1993) (Comments 12 and that Indian export prices for activated total of 26.9 metric tons used for 13). carbon should be used instead of Indian valuation purposes. Respondents In this case, there are also two import statistics because the import contend that this small quantity additional reasons for not adding on the prices do not reflect the prices of the associated with the import sales amount of the import tax. The 85% tax liquid phase activated carbon used by supports their argument that these at issue is not only unique to India; it the Indian and Chinese sulfanilic acid imports are of the more expensive gas is also abnormally high for an import producers. Respondents state that phase type of activated carbon. tax, and is, furthermore, not even paid activated carbon can be classified as gas Additionally, respondents contend that by producers of sulfanilic acid for the phase or liquid phase. Respondents the quantities required by respondents export market. argue that gas phase activated carbon is would surely merit quantity discounts, generally higher in price and is used in Respondents have placed on the not reflected by the subject prices. small quantities, while liquid phase record of this review published Indian Petitioners did not comment on activated carbon is a less expensive respondents’ arguments with respect to government materials describing the industrial grade which is used in larger activated carbon. operation of the Advance License quantities. Respondents also state that Department Position: We agree with system and its use to avoid payment of liquid phase activated carbon is Respondents that the import prices do duties on aniline used to produce generally sold in powder form. not appear to correspond to the type of sulfanilic acid for export from India. Respondents argue that prices for activated carbon used by Chinese Respondents have also placed on the imported activated carbon are manufacturers. The record of this record, inter alia, a letter from an Indian aberrational and do not reflect the prices review contains two sources of publicly sulfanilic acid exporter explaining in for liquid phase activated carbon, the available published price data on detail how it imports aniline duty free, type used by the Chinese respondents. activated carbon. The published import works with an Indian sulfanilic acid Respondents cite as precedent the prices contain information more producer to produce sulfanilic acid from Department’s approach in the less than contemporaneous to the period of the imported aniline, and then exports fair value investigation of Polyvinyl review than the submitted published the sulfanilic acid without paying duty Alcohol from the PRC, (‘‘Polyvinyl export price. However, neither of these on the imported aniline, and a letter Alcohol’’), in which the Department sources state which types of activated from an Indian sulfanilic acid producer used Indian export, rather than import, carbon are contained in these sales. The stating that it uses imported aniline to values as a surrogate for Chinese Department consulted with a chemical produce sulfanilic acid. Thus, activated carbon. Respondents submit products specialist at the International petitioner’s claim that there is no that due to the great price disparity Trade Commission who confirmed that evidence on the record of this review between the import and export prices, it there is a distinction between liquid and that Indian producers of sulfanilic acid is highly unlikely that Indian sulfanilic gas phase activated carbon, and that used the Advance License program and acid producers would use imported liquid phase activated carbon is thus avoided payment of the 85% duty activated carbon to produce sulfanilic generally sold in powdered form. (See is without basis. acid for export. Memorandum to the File dated August Also without basis is petitioner’s Respondents argue that in using 21, 1997 from Case Analyst.) The great claim that Commerce must add the 85% import values in its preliminary disparity between the import and export import tax to the import values absent determination, the Department did not prices suggests that these price quotes the same type of evidence required to take into consideration the quality of the may be for different grades of activated support a duty drawback adjustment to activated carbon used by the Chinese carbon. Respondents have additionally U.S. price. The PRC respondents in this respondents or the quality of the provided public price quotes which are review are not seeking a duty drawback activated carbon imported into India. specific to the type and grade of adjustment to a United States price for Respondents argue that the record of activated carbon reported in the Chinese sulfanilic acid exports from India (the this case contains public price quotes sulfanilic acid producers’ factors of country granting the duty drawback), from an Indian activated carbon production response. These price and are not privy to the confidential producer and an Indian chemical export quotes, which are contemporaneous to documents of the Indian sulfanilic acid company which support the use of the the POR, are comparable to the companies involved. What we are submitted published export price. published export price indexed to the attempting to determine here is a Additionally, respondents argue that POR. surrogate value for Chinese aniline. The the quantities associated with the sales The Department has previously found question of whether particular Indian of imported activated carbon used in the that Indian export prices for activated exporters of sulfanilic acid imported preliminary determination demonstrate carbon are more reliable than import sufficient aniline to qualify for duty that the imports are for the gas phase prices in the Polyvinyl Alcohol drawback might be relevant if we were activated carbon, not the industrial investigation. This issue was not determining the U.S. price of Indian liquid phase activated carbon. The mentioned in the Federal Register sulfanilic acid. However, it is simply quantity of the shipments cited in the notice of the final determination, but the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48601

Department’s Polyvinyl Alcohol on the record of this sulfanilic acid incorrect wholesale price indices preliminary determination concurrence review are contemporaneous to the (WPI’s) when it adjusted the sales prices memorandum states that ‘‘in the case of POR, are supported by publicly for April 4, May 2, and May 16, 1995, activated carbon, we compared the available published information (i.e., for inflation. For the final results of export and import statistics values to the export price), and are specific to the review, we used price quotes other available data and found that the type and grade of activated carbon used contemporaneous to the time period. import statistics values varied by the Chinese producers, we have used Therefore, the surrogate value for this substantially greater from the other the average of these prices as the factor will not be indexed for inflation comparison values, as shown in the surrogate value for this factor. using the WPI. Attachment 1 chart. By comparison the export value varied by a lesser extent.’’ Clerical Errors Final Results of Review See Polyvinyl Alcohol attachments to Respondents contend that the the Final Analysis Memorandum for Department made one clerical error in As a result of our review of the Sulfanilic Acid from the PRC, its preliminary results. They state that, comments received, we have September 9, 1997. Because the public in calculating the surrogate value for determined that the following margins price quotes submitted by respondents activated carbon, the Department used exist:

Margin Manufacturer/exporter Time period (percent)

Yude Chemical Industry Company ...... 8/1/95±7/31/96 0.00 Zhenxing Chemical Industry Company ...... 8/1/95±7/31/96 0.00 PRC Rate 1 ...... 8/1/95±7/31/96 85.20 1 This rate will be applied to all firms other than Yude and Zhenxing, including all firms which did not respond to our questionnaire requests. * Yude and Zhenxing have been collapsed for the purposes of this administrative review. See Preliminary Results of Antidumping Administra- tive Review of Sulfanilic Acid from the PRC (62 FR 25917) May 12, 1997. However, we have listed them separately on this chart for Customs purposes.

The Department will instruct the subsequent assessment of double ACTION: Notice of final results of Customs Service to assess antidumping antidumping duties. antidumping duty administrative duties on all appropriate entries. The This notice also serves as a reminder review. Department will issue appraisement to parties subject to administrative instructions directly to the Customs protective order (APO) of their SUMMARY: On May 12, 1997, the Service. Furthermore, the following responsibility concerning the Department of Commerce (the deposit requirements will be effective disposition of proprietary information Department) published the preliminary upon publication of these final results disclosed under APO in accordance results of the administrative review of for all shipments of sulfanilic acid from with 19 CR 353.34(d)(1). Timely written the antidumping finding on titanium the PRC entered, or withdrawn from notification of the return/destruction of sponge from the Russian Federation warehouse, for consumption on or after APO materials or conversion to judicial (Russia). This notice of final results the publication date, as provided for by protective order is hereby requested. covers the review period of August 1, section 751(a)(2)(c) of the Act: (1) The Failure to comply with the regulations 1995 through July 31, 1996. This review cash deposit rates for reviewed and terms of an APO is a sanctionable covers one manufacturer, AVISMA companies named above which have violation. Titanium-Magnesium Works (AVISMA), separate rates will be the rates for those This administrative review and notice and three trading companies, Interlink firms listed above; (2) for all other PRC are in accordance with section 751(a)(1) Metals & Chemicals, S.A. (Interlink), exporters, the cash deposit rate will be of the Act (19 U.S.C. 1675(a)(1)) and 19 TMC Trading International, Ltd. (TMC), the highest margin ever in the LTFV CFR 353.22. and Cometals, Inc. (Cometals). We gave investigation or in this or prior Dated: September 9, 1997. interested parties an opportunity to administrative reviews, the PRC-wide Jeffrey P. Bialos, comment on the preliminary results. We rate; and (3) the cash deposit rate for Acting Assistant Secretary for Import received comments from AVISMA, non-PRC exporters of subject Administration. Interlink, TMC, and Titanium Metals merchandise from the PRC will be the [FR Doc. 97–24564 Filed 9–15–97; 8:45 am] Corporation (TIMET), a petitioner. A rate applicable to the PRC supplier of BILLING CODE 3510±DS±P hearing was held on June 30, 1997 with that exporter. These deposit both public and closed sessions. Based requirements shall remain in effect until on our analysis of these comments, we publication of the final results of the DEPARTMENT OF COMMERCE have not changed the final results from next administrative review. those presented in the preliminary This notice also serves as a final International Trade Administration results of review. reminder to importers of their EFFECTIVE DATE: September 16, 1997. responsibility under 19 CFR 353.26 to [A±821±803] FOR FURTHER INFORMATION CONTACT: file a certificate regarding the Titanium Sponge From the Russian reimbursement of antidumping duties Federation; Notice of Final Results of James Terpstra or Mark Manning, Office prior to liquidation of the relevant Antidumping Duty Administrative of AD/CVD Enforcement, Office 4, entries during this review period. Review Import Administration, International Failure to comply with this requirement Trade Administration, U.S. Department could result in the Secretary’s AGENCY: Import Administration, of Commerce, 14th Street and presumption that reimbursement of International Trade Administration, Constitution Avenue, N.W., antidumping duties occurred and the Department of Commerce. Washington, D.C. 20230; telephone: 48602 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

(202) 482–3965 and 482–3936 addition, petitioner claims that TMC’s Department from learning of this respectively. submissions are ‘‘only a partial affiliation in order for AVISMA to accounting of its history and indirectly obtain a zero dumping SUPPLEMENTARY INFORMATION: affiliations.’’ Therefore, petitioner margin. Petitioner claims that the Applicable Statute and Regulations argues that the application of adverse original questionnaire requested that Unless otherwise indicated, all facts available to TMC is warranted. TMC list all affiliated companies and citations to the statute are references to Petitioner argues that TMC is a false TMC failed to disclose several affiliated the provisions effective January 1, 1995, front. Petitioner claims that TMC is parties. Given another opportunity the effective date of the amendments trying to have the Department believe through its supplemental made to the Tariff Act of 1930 (the Act) that AVISMA would abandon questionnaires, petitioner claims that by the Uruguay Round Agreements Act experienced trading companies for TMC still failed to fully disclose its (URAA). In addition, unless otherwise TMC, which, petitioner claims, does not affiliated companies, and TMC falsely indicated, all citations to the have experience in or knowledge of the certified that its responses were Department’s regulations are to the worldwide titanium market. In addition, complete and accurate. Petitioner petitioner argues that TMC is not regulations as codified at 19 CFR part characterizes TMC as reluctantly operated similar to any other company 353 (1997). deciding to disclose the true owner(s) of in the titanium sponge industry. For TMC once it realized that the Background example, petitioner claims that TMC’s Department would be questioning the On May 12, 1997, the Department reported sales and profit are not distribution of TMC’s profits on the last published in the Federal Register (62 representative of a normal, arm’s-length day of verification. Petitioner alleges FR 25920) the preliminary results of the trading company being supplied by an that TMC’s late disclosure of this owner 1995–1996 administrative review of the unaffiliated producer. Petitioner points indicates that TMC must believe that antidumping finding on titanium to the information on the record which this disclosure is detrimental to its sponge from Russia (33 FR 12138, demonstrates that TMC’s profit is higher position. August 28, 1968). This notice of final than the average commission income Petitioner states that the Department results covers the review period for received by trading companies in the has two choices for adverse facts August 1, 1995 through July 31, 1996, titanium sponge industry. available. We could either use the ‘‘All To support its argument that TMC is covering one manufacturer, AVISMA, Others’’ rate of 83.96 percent or misrepresenting itself, petitioner points and three trading companies, Interlink, calculate a new rate by classifying out that TMC only began providing TMC, and Cometals. The Department TMC’s dividend/royalty as a direct more information on its activities, expense and allocate it only to the has conducted this review in ownership, and affiliation after the merchandise sold to the U.S. during the accordance with section 751 of the Act. deadline for submitting new period of review. Finally, petitioner Scope of the Review information had expired. Petitioner argues that TMC did not accurately and The product covered by this asserts that the deadline for the completely answer the questionnaire in administrative review is titanium submission for new information was a timely manner to the best of its ability. sponge from Russia. Titanium sponge is March 16, 1997, in accordance with 19 Petitioner claims that the Department chiefly used for aerospace vehicles, CFR 353.31(a)(ii). Petitioner argues that is unable to make a decision on specifically, in construction of the Department should reject TMC’s affiliation due to the incomplete April 3, 1997 submission, which information on the record. Petitioner compressor blades and wheels, stator petitioner argues provides new asserts that, ‘‘the Department cannot blades, rotors, and other parts in aircraft information that was not verified by the simply assume benign neglect on TMC’s gas turbine engines. Imports of titanium Department because it was provided on part or that the omissions led to sponge are currently classifiable under the last day of verification. Petitioner harmless error. Given the still the harmonized tariff schedule (HTS) argues that all changes to submissions incomplete record in this case, it is subheading 8108.10.50.10. The HTS should be presented at the beginning of impossible to discern the extent to item number is provided for verification, which should have which TMC has prejudiced the final convenience and Customs’ purposes. included the information in TMC’s results. These problems render all of The written description remains April 3, 1997 submission. Petitioner TMC’s responses unreliable.’’ Petitioner dispositive as to the scope of the asserts that the information provided in argues that if the Department chooses to product coverage. this submission is ‘‘new information use TMC responses, it would set a The review period (POR) is August 1, and worthless for the purpose of precedent for future respondents that if 1995 through July 31, 1996, covering determining affiliation’’ and ‘‘not they fail to provide timely, complete, one manufacturer, AVISMA, and three susceptible to verification.’’ Petitioner and accurate responses, there should be trading companies, Interlink, TMC, and claims that none of these submissions ‘‘no fear of sanction.’’ Therefore, Cometals. were in response to a Departmental petitioner argues that the evidence Analysis of Comments Received query, but new information submitted supports applying adverse facts on its own. At a minimum, petitioner available because TMC failed to Comment 1: Application of Facts argues that the Department should cooperate with the Department and did Available Against TMC return and disregard all of TMC’s not act to the best of its ability to Petitioner argues that TMC has not submissions dated after March 16, 1997. comply with the Department’s requests acted to the best of its ability to comply Also included in these untimely for information. with the Department’s requests for submissions, are TMC’s audited TMC argues that the application of information. Petitioner states, ‘‘from the financial statements, which were facts available is unwarranted because inception of the administrative review, submitted on March 28, 1997. of TMC’s cooperation and timeliness in TMC has orchestrated a prolonged Petitioner states that it believes that responding to the Department’s requests deception in each of its responses, AVISMA controls and is affiliated with for information and at verification. concerning its activities and the TMC and that TMC tried to manipulate With regard to timeliness, TMC existence of affiliated parties.’’ In the review process to prevent the claims that it responded to the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48603

Department’s initial and six marketing titanium sponge. In addition, clear on this point. The questions asked supplemental questionnaires within the TMC argues that petitioner’s suggestion did not specifically seek this deadlines established by the Department that the Department could classify information; rather, the questions and submitted additional factual TMC’s dividend/royalty as a direct focused on the structure and operations information within the 180-day expense as adverse facts available is not of Valmet Group Ltd., Valmet S.A., and regulatory deadline. In addition, TMC consistent with Departmental practice. TMC. Moreover, the record of this case claims that it submitted its audited TMC asserts that, in these instances, the indicates that Bank Menatep is a financial statements as soon as the Department’s practice is ‘‘to assume minority non-controlling shareholder of company’s first audit was completed, in related party payments are not at arm’s Valmet Group Limited. As such, it is not advance of verification. TMC points out length and, consequently, not adjust for clear how much TMC knew or should that the Department’s verification report them in its antidumping calculations.’’ have known about Bank Menatep’s reveals ‘‘no material inaccuracies in the See Outokumpu Copper Rolled Products various operations. Indeed, Bank information submitted by TMC, nor AB v. U.S., 850 F.Supp. 16, 22 (CIT Menatep’s financial statement, later does it indicate that there were any 1994). submitted by TMC, shows it to be a items that could not be verified.’’ TMC argues that TIMET’s arguments large commercial bank with extensive TMC cites CAFC court rulings which about TMC’s profits are inappropriate holdings in numerous entities. rule that facts available may be and ‘‘should not be viewed as signifying Additionally, as discussed below, warranted when a large portion of the anything other than a well-run TMC’s substantial cooperation and questionnaire response is submitted company.’’ TMC characterizes TIMET’s compliance with our numerous past the Department’s deadline or when comparison of TMC’s profits to those of questionnaires indicate that rejecting the respondent did not comply with a a commission agent, who takes no risk, TMC’s response in toto is not warranted. Department’s request for information. as unrealistic and inappropriate. Therefore, on balance, we do not believe See Ansaldo Componenti S.p.A. v. U.S., Finally, TMC argues that if the it reasonable to reject TMC’s entire 628 F.Supp. 198, 205 (CIT 1986); Department determines that TMC and response. We also note that, as stated in Olympic Adhesives, Inc. v. U.S., 708 AVISMA are affiliated, the final results the preliminary results, we do not F.Supp. 344 (CIT 1989), rev’d, 899 F.2d would not change, citing the believe it is necessary to address this 1565 (Fed. Cir. 1990); Daewoo Elec. Co. Department’s discussion of affiliation in issue of possible affiliation between v. U.S., 712 F.Supp. 931, 944 (CIT the preliminary results. TMC points out TMC and AVISMA for purposes of this 1989). TMC states that its actions are that TIMET has not challenged this review because the determination will consistent with the CAFC court rulings aspect of the preliminary results. not affect our analysis. We must rely on in that facts available are not justified in Department’s Position TMC’s sales to the United States this case. regardless of a determination on TMC also argues that TIMET had While we are concerned that TMC did affiliation. several opportunities to comment on not fully disclose the nature of its With regard to the timeliness of any inadequacies found in TMC’s relationship to AVISMA in its initial TMC’s questionnaire responses and supplemental questionnaire responses questionnaire responses, we have submissions, we believe that TMC has and in the verification report, but chose determined that this deficiency did not provided its submissions in a timely not to comment. materially impair our review in this manner because its submissions were TMC asserts that TIMET’s argument case. Therefore, we have not used provided earlier than the 180-day that the Department should reject TMC’s adverse facts available against TMC. regulatory deadline for the submission March 5, 1997 and April 3, 1997 In its response to our first of new information, in accordance with submissions because they are untimely questionnaire, TMC stated that it is a 19 CFR 353.31(a)(ii) (i.e., March 17, is misplaced. First, TMC claims that it wholly owned subsidiary of TMC 1997), and its questionnaire responses submitted the April 3, 1997 by the (Holdings), Limited, whose share capital were submitted within deadlines Department’s established deadline and is owned by Valmet S.A. The ultimate established by the Department. The during, not after, verification, stating parent of Valmet S.A. is Valmet Group Department’s regulations at 19 CFR that verification took place April 3–4, Limited. Bank Menatep of Russia is a 353.31(b) state that the Department 1997 (noting a typographical error in the minority shareholder of Valmet Group ‘‘may request any person to submit verification report). In addition, TMC’s Limited. We note and are concerned by factual information at any time during March 5, 1997 submission was TMC’s failure to initially disclose, in a proceeding’’ (emphasis added). TMC’s submitted well within the 180-day response to our questionnaire, the fact April 3, 1997 submission was provided deadline established by the Department that Bank Menatep has a major presence on the first day of verification in for supplemental submissions. on AVISMA’s board of directors. Such response to the Department’s April 1, TMC also argues that information facts clearly are material to our 1997 supplemental questionnaire. presented in its April 3, 1997 consideration of the nature of any Therefore, at verification, we accepted submission was verified. TMC argues relationship between TMC and the new information provided in TMC’s that, at verification, the Department AVISMA. Although we did not April 3, 1997 submission because it was requested information regarding TMC’s specifically ask TMC whether any of its requested by the Department at a affiliations, which included the parent companies were affiliated with previous date. information contained in TMC’s April 3, AVISMA, either directly or indirectly In addition, TMC cooperated with the 1997 submission. TMC asserts that the through another affiliated company, we Department’s requests for information Department is not required to verify did ask questions aimed at obtaining a and at verification. As noted by TMC, every piece of information, as stated in complete picture of the relationship the Department’s April 16, 1997 19 CFR 353.36(c). between TMC and AVISMA. To the verification report does not refer to any TMC argues that petitioner extent TMC was aware that Bank lack of cooperation on the part of TMC inaccurately characterizes TMC’s Menatep was affiliated with AVISMA when questioned on its affiliations. experience in the titanium sponge and failed to report it, we would view With regard to whether or not the industry and AVISMA’s rationale for that as impeding this review. On the information in TMC’s April 3, 1997 hiring TMC as its distributor for other hand, the record of this case is not submission was verified, we disagree 48604 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices with the petitioner. As the verification If this is the case, petitioner argues Sales at Less Than Fair Value: report indicates, TMC’s responses were that this price may not be used because Manganese Metal from the People’s verified without any major the merchandise was not clearly Republic of China, 60 FR 56045, 56046 discrepancies. As a normal part of our destined for export to the United States (November 6, 1995); Chang Tieh verification procedures, and in (given that AVISMA did not have Industry Co., Ltd. v. U.S., 840 F.Supp. particular because of the question of knowledge of the final destination of the 141, 146 (CIT 1993). Insofar as affiliation in this case, we examined merchandise), as stated in Nissho Iwai petitioner argues that Interlink’s sales TMC’s corporate structure and the decision. See Nissho Iwai American used to calculate the dumping margin nature of any affiliation with other Corp. v. U.S., 982 F.2d 505,509 (Fed.Cir. were not made on commercial terms, it partners in great detail. This exercise 1992). Therefore, petitioner states that asserts that Interlink’s sales should be necessarily involves asking for and AVISMA-Interlink sales may not be disregarded and the Department should collecting additional support used as the basis for entered values. apply adverse facts available as documentation. Given the completeness AVISMA and Interlink argue that this Interlink’s dumping margin. and success of the verification, and the issue was raised in the last AVISMA and Interlink disagree with fact that the collected information did administrative review and concerns petitioner’s characterization of not materially affect our analysis, we Interlink and Customs, not the Interlink’s sales. AVISMA and Interlink chose not to visit another location to Department or TIMET. AVISMA and argue that the sales in question were further evaluate this matter. Interlink report that Interlink is working made on different sales terms than sales Petitioner’s speculations on the with Customs, ‘‘the United States that entered under TIBs (i.e., Interlink existence of an affiliation between government agency that is, by law, assumed responsibility for all expenses AVISMA and TMC are not relevant to responsible for these matters, to resolve and was the importer of record). this proceeding. The Department issued any issues related to the proper AVISMA and Interlink argue that the several supplemental questionnaires on valuation of consumption entries.’’ sales entered under TIBs were sold on an ‘‘in warehouse in Europe’’ basis, this issue and analyzed each submission Department’s Position where the customer took possession in with regard to whether further We agree with AVISMA and Interlink Europe and was responsible for information should be requested. In that any questions concerning the payment for all additional movement addition, at verification, we examined proper valuation of consumption entries expenses, including the movement documents relevant to the affiliation is a matter to be resolved by the expenses to the United States. issue, and noted at the time that ‘‘we Customs Service. The Department has found no documentation that would conveyed petitioner’s allegations to Department’s Position lead us to believe that AVISMA and Customs. We disagree with petitioner that there TMC have other dealings besides what Regarding the appropriate basis for is a basis for disregarding the sales in was presented in its response.’’ Id. at 4. export price in this review, our concern question. There is no evidence that Should this question become relevant in is that we have the correct sales price these sales involve ‘‘artificially set our analysis in future administrative (i.e., the price between the exporter who prices.’’ Moreover, it is apparent that the reviews, we may further examine the had knowledge that the shipment was higher prices merely reflect the fact that issue of affiliation between TMC and destined to the U.S. and the first the sales in question were made on AVISMA. For purposes of this review, unaffiliated U.S. customer). The record different terms of sale. Interlink the information on the record indicates of this case indicates that AVISMA did submitted the sales and entry that an affiliation determination is not not have prior knowledge that the final documentation for the sales in question relevant to our determination of the destination of the shipment in question in response to the Department’s dumping margins for TMC and was the United States. Because there is February 4, 1997 request. See Letter AVISMA. As stated in our preliminary no affiliation between Interlink and the from Wilmer, Cutler & Pickering to results, because AVISMA did not export U.S. customer, we are satisfied that the Robert S. LaRussa, February 11, 1997. to the United States and did not have reported sales price is the appropriate We note that the documentation reports knowledge of the ultimate destination of basis for the export price. the price charged to Interlink’s customer the merchandise sold through TMC, ‘‘all and the sales terms are reported as Comment 3: Interlink’s U.S. Sales relevant sales to the United States are ‘‘delivered, duty paid.’’ In addition, the captured in our analysis without making Petitioner alleges that the Interlink Customs entry document reports that an affiliation determination.’’ See sales used in the calculation of its Interlink paid the 83.96 percent Preliminary Results of Antidumping dumping margin are not bona fide sales antidumping cash deposit for the sales Duty Administrative Review: Titanium for commercial purposes and should be in question. The customs duty and Sponge from the Russian Federation, 62 disregarded. Petitioner alleges that antidumping cash deposit account for FR 25920, 25921 (May 12, 1997). Interlink sales which entered the United much of the difference between these States under temporary importation Comment 2: Reported Entered Values prices and the ‘‘in warehouse in bonds (TIBs) are priced lower than the Europe’’ price level. See Analysis Petitioner alleges that Interlink may Interlink sales entered for consumption Memorandum for the Final Results of have used the price that Interlink paid which are used to calculate the 1995/1996 Administrative Review of the to AVISMA as the entered value of the dumping margin. In addition, petitioner Antidumping Finding of Titanium imported titanium sponge reported to states that these sales are considerably Sponge from the Russian Federation for the U.S. Customs Service (Customs). higher than U.S. and world prices of further discussion of our analysis. Petitioner states that the reported titanium sponge for the review period. entered values are not equivalent to the Petitioner states that the Department has Comment 4: Future Entries of Subject gross sales prices less moving expenses. disregarded sales when the prices were Merchandise Petitioner claims that Interlink appears significantly higher than world market Petitioner argues that the Department to have undervalued its entries and, prices and it believed that the should establish a single cash deposit therefore, underpaid the dumping cash respondent had artificially set prices. rate for all respondents in this review. deposits and Customs duties. See Notice of Final Determination of Although the Department did not Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48605 establish a single rate in the 1994/1995 Department’s Position adjust for differences in the review, petitioner argues that the We disagree with petitioner’s circumstances of sale (COS), such as circumstances differ in this review assertion that Interlink will never again imputed credit. See Lock Washers, DOC because AVISMA changed its selling be an exporter of the subject Position to Comment 4 at 48839. Section 773(a)(6)(C) of the Act states practices and made sales under this new merchandise and that the application of sales structure, and the record states that COS adjustments to normal value a single dumping margin for all that TMC became the sole distributor of are only required upon a sufficient exporters is appropriate. Speculation on AVISMA’s titanium sponge in showing that differences in the future relationships between November 1995. Petitioner adds that circumstances of sale exist justifying the AVISMA and its resellers is not relevant respondents acknowledge that TMC adjustment. In this case, the only to this administrative review. What is knows the ultimate destination of information we have regarding credit relevant is that during this review, merchandise it sells through resellers, costs in the Brazilian home market is AVISMA was able to sell directly to and, therefore, TMC is the true exporter. the financial statements of the Brazilian TMC, Interlink, and Cometals. Due to Petitioner refers to cases where the producers. These statements do not the proprietary nature of the Department has applied a ‘‘knowledge specify whether Brazilian home market information on the record, please see test,’’ which determines whether the sales include any particular selling non-NME reseller qualifies as an the Analysis Memo for a further expenses. Therefore, we do not have any exporter. See Final Results of discussion of the Department’s position. basis upon which to determine whether Antidumping Duty Administrative Comment 5: U.S. Credit Expense adjustment to the surrogate expenses is Reviews; Antifriction Bearings (Other appropriate. Given the imprecise nature Petitioner claims that the Department Than Tapered Roller Bearings) and Parts of the information on selling expenses, may have committed a ministerial error Thereof From France, 57 FR 28360, we have no basis to conclude that such by not including credit cost in its 28427 (June 24, 1992); Final adjustments are warranted in this case. margin calculations. Petitioner argues Determination of Sales at Less Than Fair See Final Determination of Sales at Less that the Department should make an Value; Ferrovanadium and Nitrided Than Fair Value: Bicycles from the Vanadium From the Russian Federation, adjustment for credit based on the terms People’s Republic of China, DOC 60 FR 27957, 27959 (May 26, 1995). of sale. Position to Comment 1, 61 FR 19026, In addition, petitioner claims that AVISMA and Interlink argue that 19031 (April 30, 1996). Interlink will never again be the petitioner is referring to a citation to the Comment 6: Value of Steel Sheet exporter and the Department will not be Department’s regulations which would able to calculate a separate margin for only apply to reviews based on requests AVISMA and Interlink argue that the Interlink, unless Interlink purchases filed with the Department on or after Department’s value for steel sheet is far from another entity which does not have July 1, 1997 (section 351.701; 62 FR in excess of the cost that one would knowledge of the ultimate destination. 27296, 27416–17 (May 19, 1997)). In expect to pay for this ‘‘relatively minor Therefore, petitioner argues that because addition, AVISMA and Interlink claim input,’’ and the SITC category used by TMC will be the only exporter for future that the Departmental practice is to not the Department is incorrect and should entries of titanium sponge, the dumping make circumstance of sale adjustments not be used in the calculation of normal margin found for TMC should be the in cases involving non-market value. AVISMA and Interlink provided: cash deposit rate for all future entries by economies. See Final Determinations of (1) Information regarding the types of any respondent until the next final Sales at Less Than Fair Value: steel covered by the SITC classification results of review are published. Oscillating Fans and Ceiling Fans from used by the Department; (2) alternative AVISMA and Interlink argue that the People’s Republic of China, 56 FR HS classifications which AVISMA and TIMET is incorrect regarding: (1) The 55271, 55276 (October 25, 1991); Final Interlink believe are more appropriate; meaning of the marketing arrangement Determination of Sales at Less Than Fair and (3) Brazilian import data for the HS between Interlink and TMC; (2) what Value: Certain Helical Spring Lock classifications for steel. TMC knew about the destination of the Washers from the People’s Republic of AVISMA and Interlink claim that, Interlink sales covered by this review; China, 58 FR 48833, 48839 (September although the Department used the same and (3) the future AVISMA/TMC/ 20, 1993) (Lock Washers); Final SITC category in the prior review, there Interlink marketing arrangements for Determination of Sales at Less Than was apparently an arithmetic error for titanium sponge sales. AVISMA and Faire Value: Saccharin from the People’s this input which AVISMA and Interlink Interlink argue that TMC had only a Republic of China, 59 FR 58818, 58823 did not recognize because the value general awareness of Interlink’s sales (November 15, 1994); Final appeared to be reasonable. In the plans and did not know the destination Determination of Sales at Less Than Fair current review, although now the of each sale made by Interlink (an Value: Manganese Metal from the calculation is arithmetically correct, arrangement similar to TMC’s sales People’s Republic of China, 60 FR AVISMA and Interlink claim that the relationship with AVISMA). In addition, 56045, 50–51 (November 6, 1995). cost for steel sheet far exceeds any AVISMA and Interlink state that, reasonable expectation of a cost for a Department’s Position because of the circumstances of the sale, minor input. Therefore, AVISMA and TMC could not and did not know who We disagree with petitioner that we Interlink argue that the Department or in what country the customer was should make an adjustment for credit must reject its value for steel sheet located. Finally, AVISMA and Interlink based on the terms of sale. If this because it clearly overstates the value of argue that petitioner is incorrect in proceeding occurred in a market- steel and does not produce a reasonable asserting that Interlink will never again economy country, we would adjust result. be an exporter because, as stated in the normal value for the imputed credit AVISMA and Interlink state the SITC last review, the relationship between calculated on the sales to the United classification used by the Department is AVISMA and its resellers is continuing States, in accordance with section comprised of two HS categories: 7208.44 to evolve and sales may be based on a 773(a)(6)(C)(iii) of the Act. However, in and 7208.45. AVISMA and Interlink different distribution approach in the cases involving non-market economies state that the difference between the two future. (NMEs), Departmental practice is to not HS categories is the thickness of the 48606 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices sheet. AVISMA and Interlink argue that thickness of less than 3 mm, contains Parties did not file comments on the the more narrow thickness category is the commodity type hot-rolled steel Department’s use of the SITC category more appropriate because lighter drums sheet. Therefore, AVISMA and Interlink for steel sheet in the previous review. are preferred in the titanium sponge believe that the Department should AVISMA’s and Interlink’s argument industry since they are easier to handle value steel sheet from HS classification that there was an arithmetic error in the and are less expensive to make and 7208.35 or a weighted-average of HS previous review should have been transport. Further, AVISMA and categories 7208.35 and 7208.45. raised in the previous review. Because Interlink argue that the U.S. Department Department’s Position there is no information on the record of of Transportation’s Research and this case describing the specifications of Special Programs Administration issued We disagree with AVISMA and the steel sheet used by AVISMA, we are regulations which state that steel drums Interlink that the SITC category used to which contain hazardous wastes must value steel sheet is incorrect, given the not in the position to make a meet a minimum thickness requirement evidence on the record. AVISMA did determination on the thickness of the of 0.92 mm and have a nominal not provide any specifications of the steel used. Therefore, we determined thickness of 1.0 mm. AVISMA and steel sheet used for producing steel that the use of the basket SITC category Interlink report that the greatest drums in any of its questionnaire to value steel sheet is appropriate for thickness of steel in the regulations is responses. Because of the absence of this review. 1.9 mm. this information, the Department Final Results of Review AVISMA and Interlink further argue determined in the preliminary results that the HS classification 7208.45 that the SITC category for steel sheet As a result of the comments received, contains specialty steel sheet, while HS used in the previous administrative we did not revise our preliminary classification 7208.35, the only other HS review would be appropriate to value results and determined that the category of hot-rolled steel sheet with a steel sheet for this instant review. following margins exist:

Margin Manufacturer/exporter Review period (percent)

Russia-wide rate ...... 8/1/95±7/31/96 83.96 Cometals, Inc ...... 8/1/95±7/31/96 28.31 Interlink Metals & Chemicals ...... 8/1/95±7/31/96 0.00 TMC Trading International ...... 8/1/95±7/31/96 0.00

The Department shall determine, and in the LTFV investigation or in this or reimbursement of antidumping duties the U.S. Customs Service shall assess, prior administrative reviews, the cash prior to liquidation of the relevant antidumping duties on all appropriate deposit rate will continue to be the entries during this review period. entries. The following deposit Russia-wide rate; and (5) the cash Failure to comply with this requirement requirement will be effective for all deposit rate for non-Russian exporters of could result in the Secretary’s shipments of titanium sponge from subject merchandise from Russia that presumption that reimbursement of Russia entered, or withdrawn from were not covered in the LTFV antidumping duties occurred and the warehouse, for consumption on or after investigation or in this or prior subsequent assessment of double the publication date of the final results administrative reviews will be the rate antidumping duties. of this administrative review, as applicable to the Russian supplier of This notice also serves as the only provided by section 751(a)(1) of the Act: that exporter. These deposit rates, when reminder to parties subject to (1) The cash deposit rate for imposed, shall remain in effect until administrative protective order (APO) in merchandise manufactured and publication of the final results of the this review of their responsibility exported to the United States directly by next administrative review. concerning the disposition of AVISMA will be the Russia-wide rate Further, because the rates for Interlink proprietary information disclosed under established in these final results of and TMC have been determined to be APO in accordance with 19 CFR review; (2) the cash deposit rates for zero, we will instruct Customs to 353.34(d). Timely written notification of merchandise exported to the United liquidate all exports of the subject the return/destruction of APO materials States by Interlink, TMC, or Cometals merchandise during the POR by or conversion to judicial protective will be those rates established for Interlink and TMC, without regard to order is hereby requested. Failure to Interlink, TMC, or Cometals in these the antidumping duty. As stated in the comply with the regulations and the final results of review; (3) for preliminary results, we found that terms of an APO is a sanctionable merchandise exported by manufacturers AVISMA’s and Cometals’ exports during violation. or exporters not covered in this review the POR entered the United States under This administrative review and notice but covered in the original LTFV temporary importation bonds, which are are in accordance with section 751(a)(1) investigation or a previous review and not subject to the antidumping order. of the Act (19 U.S.C. 1675(a)(1)). have a separate rate, the cash deposit The Department will issue appraisement rate will continue to be the most recent instructions directly to the U.S. Customs Dated: September 9, 1997. rate published in the final Service. Jeffrey P. Bialos, determination or final results for which This notice also serves as a final Acting Assistant Secretary for Import the manufacturer or exporter received a reminder to importers of their Administration. company-specific rate; (4) for Russian responsibility under 19 CFR 353.26(b) to [FR Doc. 97–24469 Filed 9–15–97; 8:45 am] manufacturers or exporters not covered file a certificate regarding the BILLING CODE 3510±DS±P Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48607

DEPARTMENT OF COMMERCE and alloy magnesium to the United Analysis of Programs States during the review period, and the Based upon the analysis of the International Trade Administration Government of Que´bec (GOQ). At the questionnaire responses and written [C±122±815] request of respondents, the Department comments from the interested parties, held a public hearing on May 13, 1997. we determine the following: Pure and Alloy Magnesium From These reviews cover the period Canada; Final Results of the Second January 1, 1993 through December 31, I. Programs Conferring Subsidies 1993. The reviews involve one company (1993) Countervailing Duty A. Exemption From Payment of Water (NHCI) and the following programs: Administrative Reviews Bills Exemption from Payment of Water Bills, AGENCY: Import Administration, Article 7 Grants from the Que´bec In the preliminary results, we found International Trade Administration, Industrial Development Corporation that this program conferred Department of Commerce. (SDI), St. Lawrence River Environment countervailable benefits on the subject ACTION: Notice of final results of Technology Development Program, merchandise. Our analysis of the countervailing duty administrative Program for Export Market comments of the interested parties, reviews. Development, the Export Development summarized below, has not led us to Corporation, Canada-Que´bec Subsidiary change our findings with respect to the SUMMARY: On March 24, 1997, the Agreement on the Economic countervailability of this program. The Department of Commerce (the Development of the Regions of Que´bec, net subsidy rate for this program is as Department) published in the Federal Opportunities to Stimulate Technology follows: Register its preliminary results of Programs, Development Assistance administrative reviews of the Program, Industrial Feasibility Study Manufacturer/exporter Rate countervailing duty orders on pure and Assistance Program, Export Promotion (percent) alloy magnesium from Canada for the Assistance Program, Creation of NHCI ...... 1.00 period January 1, 1993 through Scientific Jobs in Industries, Business December 31, 1993 (see Pure Investment Assistance Program, B. Article 7 Grants From the Que´bec Magnesium and Alloy Magnesium From Business Financing Program, Research Industrial Development Corporation Canada; Preliminary Results of and Innovation Activities Program, Countervailing Duty Administrative Export Assistance Program, Energy In the preliminary results, we found Reviews (Preliminary Results), 62 FR Technologies Development Program, that this program conferred 13863). We have completed these Financial Assistance Program For countervailable benefits on the subject reviews and determine the net subsidy Research Formation and for the merchandise. Our analysis of the to be 7.34 percent ad valorem for Norsk Improvement of the Recycling Industry, comments submitted by the interested Hydro Canada, Inc. (NHIC) and all other and Transportation Research and parties, summarized below, has not led producers/exporters except Timminco Development Assistance Program. us to change our findings with respect Limited, which has been excluded from to the countervailability of this program. Applicable Statute these orders. We will instruct the U.S. The net subsidy for this program is as Customs Service to assess The Department is conducting these follows: countervailing duties as indicated administrative reviews in accordance above. with section 751(a) of the Act. Unless Rate Manufacturer/exporter (percent) EFFECTIVE DATE: September 16, 1997. otherwise indicated, all citations to the statute and to the Department’s FOR FURTHER INFORMATION CONTACT: NHCI ...... 6.34 regulations are in reference to the Cynthia Thirumalai or Sally Hastings. provisions as they existed on December AD/CVD Enforcement, Group 1, Office 31, 1994. II. Programs Found Not To Be Used 1, Import Administration, International In the preliminary results, we found Scopes of the Reviews Trade Administration, U.S. Department that the producers and/or exporters of of Commerce, 14th Street and The products covered by these the subject merchandise did not apply Constitution Avenue, NW, Washington, reviews are shipments of pure and alloy for or receive benefits under the DC 20230; telephone: (202) 482–4087 or magnesium from Canada. Pure following programs: (202) 482–3464, respectively. magnesium contains at least 99.8 • St. Lawrence River Environment SUPPLEMENTARY INFORMATION: percent magnesium by weight and is Technology Program sold in various slab and ingot forms and • Background Program for Export Market sizes. Magnesium alloys contain less Development On March 24, 1997, the Department than 99.8 percent magnesium by weight • Export Development Corporation published in the Federal Register (62 with magnesium being the largest • Canada-Que´bec Subsidiary FR 13863) the preliminary results of its metallic element in the alloy by weight, Agreement on the Economic administrative reviews of the and are sold in various ingot and billet Development of the Regions of countervailing duty orders on pure and forms and sizes. Secondary and granular Que´bec alloy magnesium from Canada (62 FR magnesium are not included in the • Opportunities to Stimulate 13863). The Department has now scope of the orders. Pure and alloy Technology Programs completed these administrative reviews magnesium are classifiable under • Development Assistance Program in accordance with section 751 of the subheadings 8104.11.000 and • Industrial Feasibility Study Tariff Act of 1930, as amended (the Act). 8104.19.0000, respectively, of the Assistance Program We invited interested parties to Harmonized Tariff Schedule (HTS). • Export Promotion Assistance Program comment on the Preliminary Results. Although the HTS subheadings are • Creation of Scientific Jobs in On April 23, 1997, case briefs were provided for convenience and customs Industries submitted by NHCI, a producer of purposes, our written description of the • Business Investment Assistance subject merchandise which export pure scope of this proceeding is dispositive. Program 48608 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

• Business Financing Program the company would have paid on a equipment. Hence, the Department • Research and Innovation Activities smaller loan at a higher benchmark concluded that the Article 7 assistance Program interest rate. In this loan situation, we should not be treated as an interest • Export Assistance Program would not enter into a hypothetical rebate. However, because the Article 7 • Energy Technologies Development calculation of what amount the assistance was intended to reduce the Program company would have borrowed absent cost of financing for the project as a • Financial Assistance Program for the low-interest loan. Instead, consistent whole, the assistance was not excessive Research Formation and for the with section 771(5)(A)(II)(c) of the Act, in the sense described by the Improvement of the Recycling we would simply countervail the Department. Industry difference between the two interest rates With respect to the second point, • Transportation Research and regardless of the effect the interest rate respondents argue that the Department Development Assistance Program. has on the other terms of the loan, i.e., was incorrect in its assertion that the We received no comments on these the amount borrowed. Article 7 assistance was more closely programs from the interested parties; In these reviews, the terms of the linked to the acquisition of certain therefore, we have not changed our contract between NHCI and the assets than the accumulation of interest findings from the Preliminary Results. Industrial Park unambiguously state that costs. Moreover, respondents maintain NHCI is required to pay an amount that the SDI assistance was not intended Analysis of Comments based, in part, on forecasted solely for the purchase of environmental Comment 1: Countervailable Benefit consumption. To the extent the GOQ’s protection equipment, but was also Received From the Exemption From provision of the credit relieved NHCI intended to facilitate the construction of Payment of Water Bills from paying its water bills, a NHCI’s facility in Que´bec. The fact that countervailable benefit existed the Article 7 assistance was intended to While agreeing that NHCI’s contract regardless of any hypothetical achieve more than one objective does with its supplier of water, La Societe´ du alternative arrangements. Therefore, as not distinguish the Article 7 assistance Parc Industriel et Portuaire de stated in the Preliminary Results we from other interest rebate programs ´ Becancour (‘‘Industrial Park’’), was determine that the countervailable which the Department has treated under linked with the credit it received from benefit is the full amount of the credit. its loan methodology, according to the GOQ to offset its water bills and Comment 2: Article 7 Assistance respondents. reflected a forecasted annual rate of under the SDI Act: Respondents argue DOC Position: The issue presented by consumption, respondents argue that that the Department improperly applied this case is whether the Article 7 the GOQ’s recalculation of NHCI’s water its grant methodology to the Article 7 assistance received by NHCI should be bills reflecting actual consumption is a assistance provided to NHCI. According treated as an interest rebate or as a grant. more accurate measure of the to respondents, the Department should If it is treated as a interest rebate, then countervailable benefit than is the water calculate the benefit using its loan under the methodology adopted by the bill credit received by NHCI during the methodology and reduce the interest Department in 1993 steel cases, the review period. Respondents state that a rate charged by the amount of the benefit of the Article 7 assistance would different billing arrangement would interest rebated because NHCI knew it be countervailed according to our loan have been made if a water credit had not would receive interest rebates from SDI methodology (Final Affirmative been received. In summary, respondents prior to taking out loans. Respondents Countervailing Duty Determinations: argue that the Department should look state that this would be consistent with Certain Steel Products From Belgium, to what NHCI would have paid absent the Department’s methodology, and cite (Belgium Steel) 58 FR 37273, 37276, the water credit and the contract a number of cases in support thereof July 9, 1993). However, if treated as a compared to what NHCI paid with the (e.g., Final Affirmative Countervailing grant, the benefits would be allocated credit and the contract to determine the Duty Determination; Certain Steel over a period of corresponding to the amount of the benefit conferred by the Products From the United Kingdom (UK life of the company’s assets. credit. Steel), 58 FR 37393, 37397 (July 9, In their brief, respondents argue that DOC Position: We disagree with 1993)). the interest rebate methodology reflects respondents that we are required to Respondents further contend that the the fact that companies face a choice hypothesize what NHCI would have Preliminary Results were based on between debt and equity financing. If a paid for its water in the absence of the significant errors of fact regarding the company knows that the government is credit and the contract it entered into to interest rebates received by NHCI. First, willing to rebate interest charges before measure the benefit conferred by the the interest rebates received by NHCI the company takes out a loan, the credit. Simply put, the GOQ gave NHCI reduced NHCI’s costs of borrowing for government is encouraging the company a credit based on and because of the the construction of its plant, not its to borrow rather than sell equity. Hence, contract and NHCI’s forecasted usage. costs of purchasing environmental respondents conclude the benefit The water contract and the credit are equipment. Second, respondents argue should be measured with reference to inextricably linked. Again, we compare that the relationship between the the duration of the borrowing for which NHCI’s argument to a situation in which interest rebates and the underlying the rebate is provided. a company that received a low-interest loans was not indirect. We disagree that the Department’s loan from a government argues to the With respect to the first point, interest rebate methodology was Department that because of the low respondents argue that since the intended to reflect the choice between interest rate, it borrowed a greater Department wrongly assumed that the equity and loan financing. In the 1993 amount of money than it otherwise Article 7 assistance was provided solely steel cases, we examined a particular would have. Therefore, the company for the purchase of environmental type of subsidy, interest rebates, and would contend, to calculate the benefit equipment, the Department was able to determined which of our valuation conferred by the low-interest loan, the conclude that the interest rebates methodologies was most appropriate Department should compare the actual exceeded the interest that would be (See, e.g., Belgium Steel). The possible amount of interest paid on the low- expended in connection with the choices were between the grant and loan interest loan with the amount of interest purchase of the environmental methodologies. Where the company had Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48609 knowledge prior to taking the loan out Here, although the disbursement of of the evidence in this case supports our that it would receive an interest rebate, Article 7 assistance was contingent, treatment of the Article 7 assistance as we decided that the loan methodology inter alia, on NHCI making interest a grant. was most appropriate because there is payments, the disbursements were not Comment 3: Re-Examination of virtually no difference between the tied to the amount borrowed, the Specificity of the Article 7 Assistance: In government offering a loan at 5 percent number of loans taken out or the interest the event the Department continues to interest (which would be countervailed rates charged on those loans. Instead, treat the Article 7 assistance as a non- according to the loan methodology) and the disbursements were tied to NHCI recurring grant, respondents state that offering to rebate half of the interest meeting specific investment targets and the Department is obliged to make a paid on a 10 percent loan from a generally to NHCI having incurred finding that the Article 7 assistance commercial bank each time the interest costs on borrowing related to conferred a subsidy to NHCI during the company makes an interest payment. the construction of its facility. POR. The Department may not, as it has Hence, we were seeking the closest Therefore, while we recognize that here, rely on a factual finding of methodological fit for different types of NHCI had to borrow and pay interest in disproportionality during a different interest rebates. order to receive individual time period and different amounts of However, the interest rebate disbursements of the Article 7 assistance. Respondents state that a methodology described in the 1993 steel assistance, we do not agree that this fact finding of de facto specificity requires a cases was never intended to dictate that is dispositive of whether the interest case-by-case analysis, citing PPG the Department should apply the loan rebate methodology used in the 1993 Industries, Inc. v. United States (928 methodology in every situation in steel cases is appropriate. We believe F.2d 1568, 1577 (Fed.Cir. 1991)), which a government makes this program more closely resembles the Geneva Steel v. United States (914 contributions towards a company’s scenario described above where the F.Supp. 563, 598 (CIT 1996)), and Final interest obligations. The appropriate government agrees to pay all interest Affirmative Countervailing Duty methodology depends on the nature of incurred on construction loans taken Determinations: Certain Steel Products the subsidy. For example, assume that out by a company over the next year up from Brazil (58 FR 37295, 37303 (July 9, the government sold a company that it to a specified amount. Because, in this 1993)) to support their reasoning. would make all interest payments on all case, the amount of assistance is Respondents also cite the sixth construction loans the company took calculated by reference to capital administrative review of Live Swine out during the next year up to $6 equipment purchases (something from Canada: Final Results of million. This type of ‘‘interest rebate’’ extraneous to the interest on the loan) Countervailing Duty Administrative operates essentially like a $6 million and the reimbursements do not relate to Review (Live Swine) (59 FR 12243 grant restricted to a specific purpose. particular loans, we determine that the (March 16, 1994)) as an example where Whether the purpose is to pay interest Article 7 assistance should be treated as the Department reexamined the expenses or buy a piece of equipment a grant. countervailability of benefits found to does not change the nature of the The Department has in past cases be de facto specific in prior reviews. subsidy. In contrast, the interest rebate classified subsidies according to their Respondents maintain that the methodology is appropriate for the type characteristics. For example, in the Department is obliged to evaluate the of interest rebate programs investigated General Issues Appendix (GIA) countervailability of a program in the 1993 steel cases, i.e., partial appended to Final Countervailing Duty previously determined to be de facto interest rebates paid over a period of Determination: Certain Steel Products specific, regardless of whether the years on particular long-term loans. from Austria, 58 FR 37082, at 37226, parties have provided new information. In these reviews, as in the 1993 steel (July 9, 1993), we developed a hierarchy According to the GOQ, assistance under cases, the Department is seeking the for determining whether so-called Article 9 should be included in the most appropriate methodology for the ‘‘hybrid instruments’’ should be Article 7 specificity analysis because assistance. We erred in our Preliminary countervailed according to our loan, Article 9 was the predecessor of Article Results of First Countervailing Duty grant or equity methodologies. In short, 7 and the provisions of Article 9 Administrative Reviews: Pure we were asking whether the details of functioned basically the same as those Magnesium and Alloy Magnesium from particular government ‘‘contributions’’ of Article 7. Canada, 61 FR 11186 (March 19, 1996), made them more like a loan, a grant or Respondents then present a in stating that the primary purpose of an equity infusion. Similarly, when a methodology they believe should be the Article 7 assistance was to company receives a grant, we look to the employed whereby the Department underwrite the purchase of nature of the grant to determine whether would compare the portion of NHCI’s environmental equipment. However, it the grant should be treated as recurring original grant allocated to the POR, cannot be disputed that the or non-recurring. In these reviews, we based on the Department’s standard environmental equipment played a have undertaken the same type of allocation methodology, and the crucial role in the agreement between analysis, i.e., determining an portions of benefits allocated to the POR SDI and NHCI. Most importantly, the appropriate calculation methodology for all assistance bestowed to all other aggregate amount of assistance to be based on the nature of the subsidy in enterprises receiving SDI assistance provided was determined by reference question. As with hybrid instruments under Articles 7 and 9 to determine to the cost of environmental equipment and recurring/non-recurring grants, it is whether NHCI received a to be purchased. In this respect, the appropriate to determine which disproportionate share of benefits. Article 7 assistance is like a grant for methodology is most appropriate based DOC Position: It is the Department’s capital equipment. on the specific facts of the Article 7 policy not to revisit specificity Further, the assistance provided by assistance. Although the Article 7 determinations absent the presentation SDI is distinguishable from the interest assistance exhibits characteristics of of new facts or evidence (see e.g., rebates addressed in the 1993 steel cases both an interest rebate and a grant, Carbon Steel Wire Rod From Saudi in that the interest payments in the steel based on an overview of the contract Arabia; Final Results of Countervailing cases rebated a portion of the interest under which the assistance was Duty Administrative Review and paid on particular long-term loans. provided, we determine that the weight Revocation of Countervailing Duty 48610 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Order, 59 FR 58814, November 15, involving different products (e.g., Manufacturer/exporter Rate 1994). In these reviews, no new facts or carbon black from Mexico as opposed to (percent) evidence have been presented which steel products from Brazil). It is this would lead us to question our previous latter definition of ‘‘case’’ we find to be NHCI and all others, except for Timminco Ltd ...... 7.34 determination. the proper basis for examination of de Respondents refer to the various facto specificity determinations. Since a reviews of the countervailing duty order Prior to these 1993 results, the final separate de facto specificity results of the 3rd (1994) administrative on live swine from Canada as determination was made in the demonstrating that the Department has, reviews were published (see 12994 investigations of pure and alloy Final Results). The 1994 reviews were as a matter of course, revisited its de magnesium, we find that the analysis facto specificity determinations from conducted under the statutory was properly conducted. one segment of a proceeding to another. provisions subject to the URAA While distinct de facto specificity In proposing that the Department base amendments. These statutory provisions determinations were made with respect a POR-specific de facto specificity replaced the general rule in favor of a to the Tripartite program in the fourth, finding on the portions of non-recurring country-wide rate with a general rule in fifth and sixth reviews of the order on grants allocated to the POR, the favor of individual rates for investigated live swine from Canada, these were not respondents appear to be confusing the and reviewed companies. As a result, done as a matter of course. The initial specificity determination based the procedures for establishing Department reexamined specificity in on the action of the granting authority countervailing duty rates, including those for non-reviewed companies, are these reviews of live swine only as a at the time of bestowal with the now essentially the same as those in result of an adverse decision by the allocation of the benefit over time. Binational Panel. Because the Binational antidumping cases, except as provided Again, we state that these are two for in section 777A(e)(2)(B) of the Act. Panel overturned the Department’s separate processes. The portions of finding of specificity regarding the Therefore, the countervailing duty cash grants allocated to periods of time using deposit rate applicable to a company Tripartite program in the fourth review the Department’s standard allocation of live swine for lack of evidence (and can no longer change, except pursuant methodology are irrelevant to an to a request for a review of that eventually rejected its analysis examination of the actual distribution of regarding specificity in the fifth review company (See Federal-Mogul benefits by the granting government at Corporation and the Torrington but upheld its decision), the Department the time of bestowal. continued to collect information in the Company v. United States, 822 F. Supp. sixth review, which was running In addition, we find that the GOQ has 782 (CIT 1993) and Floral Trade Council concurrently with the Binational not provided new information which v. United States, 822 F. Supp. 766 (CIT proceedings. In explaining its actions in would cause us to revisit our original 1993) (interpreting 19 CFR 353.22(e), the sixth review, the Department specificity determination. As a result, the antidumping regulation on recognized that it does not routinely the bases of the original specificity automatic assessment, which is revisit specificity determinations, as determination and the conclusions of identical to 19 CFR 355.22(g)).) respondents would have us believe, in that determination are still valid. We, Accordingly, the cash deposit rate that stating the following: therefore, maintain that assistance will be applied to companies not provided to NHCI under Article 7 of the reviewed during the 1994 reviews is Although our practice is not to reexamine that established in the most recently a specificity determination (affirmative or SDI Act is specific and, therefore, negative) made in the investigation or in a countervailable. completed administrative proceeding conducted pursuant to the statutory review absent new facts or evidence of Comment 4: FOB Adjustment: changed circumstances, the record in the provisions that were in effect prior to prior reviews did not contain all of the Respondents argue that the Department the URAA amendments, i.e., these 1993 information we consider necessary to define used the correct sales denominator in administrative reviews. (See Pure and the agricultural universe in Canada. the Preliminary Results, but in the Alloy Magnesium from Canada: Final (See Live Swine (59 FR 12243 (March alternative has submitted NHCI’s F.O.B. Results of the First (1992) 16, 1994)).) As can be seen from the (port) value of total sales during the Countervailing Duty Administrative foregoing, the facts surrounding the live POR. Reviews (62 FR 13857 (March 24, swine reviews do not correspond to the DOC Position: We have used NHCI’s 1997).) Since NHCI was reviewed in the situation presented here. In particular, submission of its F.O.B. (port) value of 1994 reviews, we will instruct Customs the issue of specificity had not been total sales in these reviews in to collect cash deposits for NHCI at the conclusively settled in the live swine determining the ad valorem subsidy company-specific rate established for it reviews and was in the process of rate. In the Preliminary Results, we used in the 1994 reviews of 4.48 percent ad litigation, and different information was NHCI’s total sales figure as recorded in valorem; for non-reviewed companies, available; unlike this case in which a the company’s books. Due to this the cash deposit will be the rate definitive specificity determination had change, the rates calculated in these calculated in these 1993 reviews of 7.34 already been established. final results differ from those in the percent ad valorem, except from As for respondents’ arguments that de Preliminary Results. Timminco Limited (which was facto specificity determinations should excluded from the order in the original be done on a case-by-case basis, we Final Results of Review investigations). In addition, for the agree. However, once again we state that period January 1, 1993 through For the period January 1, 1993 we disagree with respondents as to what December 31, 1993, the assessment rates ‘‘case-by-case’’ means. In each of the through December 31, 1993, we applicable to all non-reviewed citations respondents refer to, ‘‘case’’ determine the net subsidy for NHCI to companies covered by these orders are referred not to a separate segment of the be 7.34 percent ad valorem. the cash deposit rates in effect at the same proceeding (e.g., the first review of The Department will instruct the U.S. time of entry. an order distinct from the second Customs Service to assess the following This notice serves as a reminder to review), but to a separate proceeding countervailing duties: parties subject to administrative Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48611 protective order (APO) of their Concurrent with the publication of New York 14850, has been issued a responsibility concerning the this notice in the Federal Register, permit to ‘‘take’’ blue whales disposition of proprietary information NMFS is forwarding copies of this (Balaenoptera musculus) and fin whales disclosed under APO in accordance application to the Marine Mammal (B. physalus) for purposes of scientific with 19 CFR 355.34(d). Timely written Commission and its Committee of research. notification of return destruction of Scientific Advisors. ADDRESSES: The permit and related APO materials or conversion to judicial SUPPLEMENTARY INFORMATION: The documents are available for review protective order is hereby requested. subject amendment is requested under upon written request or by appointment Failure to comply with the regulations the authority of the Marine Mammal in the following offices: and the terms of an APO is a Protection Act of 1972, as amended (16 sanctionable violation. U.S.C. 1361 et seq.), the Regulations Permits Division, Office of Protected These administrative reviews and Governing the Taking and Importing of Resources, NMFS, notice are in accordance with section Marine Mammals (50 CFR part 216), the 1315 East-West Highway, Room 751(a)(1) of the Act (19 U.S.C. Endangered Species Act of 1973, as 1675(a)(1)) and 19 CFR 355.22. 13130, Silver Spring, MD 20910 (301/ amended (16 U..S.C. 1531 et seq.), and 713–2289); and Dated: August 6, 1997. the regulations governing the taking, Regional Administrator, Southwest Robert S. LaRussa, importing, and exporting of endangered Region, NMFS, 501 West Ocean Acting Assistant Secretary for Import fish and wildlife (50 CFR 222.23). Administration. Permit No. 1004 authorizes the Boulevard, Suite 4200, Long Beach, CA 90802–4213 (310/980–4001). [FR Doc. 97–24565 Filed 9–15–97; 8:45 am] importation of biopsy tissue samples taken from several species of cetaceans BILLING CODE 3510±DS±M SUPPLEMENTARY INFORMATION: On July in South America, through June 30, 17, 1997, notice was published in the 1998. The Holder is now requesting Federal Register (62 FR 10259) that the that: 1) the expiration date of the permit DEPARTMENT OF COMMERCE above-named applicant had submitted a be extended from June 30, 1998 to request for a scientific research permit National Oceanic and Atmospheric November 30, 1998; 2) the number of Administration imported southern right whale to ‘‘take’’ (i.e., harass) blue whales (Eubalaena australis) tissue samples (Balaenoptera musculus) and fin whales [I.D. 090597D] taken at Peninsula Valdez, Argentina be (B. physalus) in order to study the increased from 20 to 340; and 3) these effects on these species of low- Marine Mammals ‘‘tissues samples’’ taken from southern frequency sound produced by the right whales include baleen, blood and Navy’s Surface Towed Array AGENCY: National Marine Fisheries Surveillance System Low Frequency Service (NMFS), National Oceanic and bone, skin/blubber and organ tissues (from dead/stranded whales), and Active (SURTASS LFA) system. The Atmospheric Administration (NOAA), research will be conducted in the Commerce. sloughed skin (from live free-ranging whales). Amendment of the permit to Southern California Bight during ACTION: Receipt of application for allow for this adjustment is considered September/October of 1997 and/or 1998. amendment. administrative in nature and is therefore The requested permit has been issued planned to take place upon close of the under the authority of the Marine SUMMARY: Notice is hereby given that public comment period. Mammal Protection Act of 1972, as the Whale Conservation Institute, 191 amended (16 U.S.C. 1361 et seq.), the Weston Road, Lincoln, Massachusetts Dated: September 8, 1997. Regulations Governing the Taking and 01773, has requested an amendment to Ann D. Terbush, Importing of Marine Mammals (50 CFR Permit No. 1004. Chief, Permits and Documentation Division, Office of Protected Resources, National Part 216); the Endangered Species Act DATES: Written comments must be (ESA) of 1973, as amended (16 U.S.C. received on or before October 16, 1997. Marine Fisheries Service. [FR Doc. 97–24520 Filed 9–15–97; 8:45 am] 1531 et seq.), the Regulations Governing ADDRESSES: The amendment request BILLING CODE 3510±22±F the Taking, Importing, and Exporting of and related documents are available for Endangered Fish and Wildlife (50 CFR review upon written request or by part 222); and the Fur Seal Act of 1966 appointment in the following office(s): DEPARTMENT OF COMMERCE (16 U.S.C. 1151–1175). Issuance of this Permits Division, Office of Protected permit, as required by the ESA, was Resources, NMFS, 1315 East-West National Oceanic and Atmospheric based on a finding that such permit: (1) Highway, Room 13130, Silver Spring, Administration Was applied for in good faith; (2) will MD 20910 (301/713–2289); and [I.D. 090997D] not operate to the disadvantage of the Regional Administrator, Northeast endangered species which is the subject Region, NMFS, One Blackburn Drive, Marine Mammals of this permit; and (3) is consistent with Gloucester, MA 01930 (508/281–9250). the purposes and policies set forth in Written data or views, or requests for AGENCY: National Marine Fisheries section 2 of the ESA. a public hearing on this request should Service (NMFS), National Oceanic and Dated: September 10, 1997. be submitted to the Chief, Permits Atmospheric Administration (NOAA), Division, F/PR1, Office of Protected Commerce. Ann D. Terbush, Resources, NMFS, 1315 East-West ACTION: Issuance of scientific research Chief, Permits and Documentation Division, Highway, Room 13130, Silver Spring, permit no. 875–1401. Office of Protected Resources, National MD 20910. Those individuals requesting Marine Fisheries Service. a hearing should set forth the specific SUMMARY: Notice is hereby given that Dr. [FR Doc. 97–24521 Filed 9–15–97; 8:45 am] reasons why a hearing on this particular Christopher W. Clark, Laboratory of request would be appropriate. Ornithology, Cornell University, Ithaca, BILLING CODE 3510±22±F 48612 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

DEPARTMENT OF COMMERCE Susan B. Fruchter: Counselor to the COMMITTEE FOR THE Under Secretary, Office of Policy and IMPLEMENTATION OF TEXTILE National Oceanic and Atmospheric Strategic Planning AGREEMENTS Administration Margaret F. Hayes: Assistant General Adjustment of Import Limits for Certain Membership of the National Oceanic Counsel for Fisheries, Office of the Cotton and Man-Made Fiber Textile and Atmospheric Administration General Counsel Products Produced or Manufactured in Performance Review Board Jay S. Johnson: Deputy General Counsel Egypt AGENCY: National Oceanic and for Fisheries, Enforcement and Regions, Office of the General Counsel September 10, 1997. Atmospheric Administration (NOAA), AGENCY: Committee for the Department of Commerce. David M. Kennedy: Chief, Hazardous Implementation of Textile Agreements ACTION: Notice of membership of NOAA Materials Response and Assessment (CITA). Performance Review Board. Division, National Ocean Service ACTION: Issuing a directive to the Gerald R. Lucas: Director, Eastern Commissioner of Customs adjusting SUMMARY: In accordance with 5 USC, limits. 4314(c)(4), NOAA announces the Center, Office of Finance and Administration appointment of persons to serve as EFFECTIVE DATE: September 17, 1997. members of the NOAA Performance Gary C. Matlock: Program Management FOR FURTHER INFORMATION CONTACT: Review Board (PRB). The NOAA PRB is Officer, National Marine Fisheries Helen L. LeGrande, International Trade responsible for reviewing performance Service Specialist, Office of Textiles and appraisals and ratings of Senior P. Krishna Rao: Senior Scientist for Apparel, U.S. Department of Commerce, Executive Service (SES) members and Environmental Satellite, Data and (202) 482–4212. For information on the making written recommendations to the Information Service, National quota status of these limits, refer to the appointing authority on SES retention Environmental Satellite, Data and Quota Status Reports posted on the and compensation matters, including Information Service bulletin boards of each Customs port or performance-based pay adjustments, call (202) 927–5850. For information on awarding of bonuses and reviewing James L. Rasmussen: Director, embargoes and quota re-openings, call recommendations for potential Environmental Research Laboratories, (202) 482–3715. Presidential Rank Award nominees. The Office of Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: appointment of these members to the Research Authority: Executive Order 11651 of March NOAA PRB will be for periods of 24 Michael P. Sissenwine: Science and 3, 1972, as amended; section 204 of the months. Research Director, Northeast Region, Agricultural Act of 1956, as amended (7 EFFECTIVE DATE: The effective date of National Marine Fisheries Service U.S.C. 1854); Uruguay Round Agreements service of appointees to the NOAA Act. Alan R. Thomas: Deputy Assistant Performance Review Board is October 1, The current limit for Categories 338/ 1997. Administrator, Office of Oceanic and Atmospheric Research 339 is being increased for swing, FOR FURTHER INFORMATION CONTACT: carryover and carryforward. The limits Monica M.P. Matthews, Senior Louis W. Uccellini: Director, Office of for the Fabric Group and the sublimit Executive Service Program Manager, Meteorology, National Weather for Category 227 are being reduced to Human Resources Management Office, Service account for the swing being applied. Office of Finance and Administration, James K. White: Executive Director for A description of the textile and NOAA, 1305 East-West Highway, Silver the Economics and Statistics apparel categories in terms of HTS Spring, Maryland 20910, (301) 713– Administration (Economics and numbers is available in the 0534 (ext. 204). Statistics Administration) CORRELATION: Textile and Apparel SUPPLEMENTARY INFORMATION: The Categories with the Harmonized Tariff names and position titles of the Gregory W. Withee: Deputy Assistant Schedule of the United States (see members of the NOAA PRB (NOAA Administrator, National Federal Register notice 61 FR 66263, officials unless otherwise identified) are Environmental Satellite, Data and published on December 17, 1996). Also set forth below: Information Service see 61 FR 68242, published on Rance A. Belapoldi: Chief, Surface and Helen M. Wood: Director, Office of December 27, 1996. Microanalysis Science Division, Satellite Data Processing and The letter to the Commissioner of Customs and the actions taken pursuant Chemical Science and Technology Distribution, National Environmental to it are not designed to implement all Laboratory (National Institute of Satellite, Data and Information of the provisions of the Uruguay Round Standards and Technology) Service Agreements Act and the Uruguay Round James Belville: Director, NEXRAD Sally J. Yozell: Deputy Assistant Operational Support Facility, Agreement on Textiles and Clothing, but Secretary, Office of the Assistant National Weather Service are designed to assist only in the Jeffrey R. Benoit: Director, Office of Secretary implementation of certain of their Ocean and Coastal Resource Dated: September 19, 1997. provisions. Troy H. Cribb, Management, National Ocean Service D. James Baker, Chairman, Committee for the Implementation Margaret A. Davidson: Director, NOAA Under Secretary for Oceans and Atmosphere. Coastal Services Center, National of Textile Agreements. [FR Doc. 97–24476 Filed 9–15–97; 8:45 am] Ocean Service Committee for the Implementation of Textile David L. Evans: Deputy Assistant BILLING CODE 3510±12±P Agreements Administrator, National Marine September 10, 1997. Fisheries Service Commissioner of Customs, John T. Forsing: Director, Eastern Department of the Treasury, Washington, DC Region, National Weather Service 20229. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48613

Dear Commissioner: This directive facsimile transmission to (202) 518– The Strategies amends, but does not cancel, the directive 5528 or by electronic mail to Achieving and Measuring Performance issued to you on December 20, 1996, by the [email protected]. Reference should be Achieving Performance Chairman, Committee for the Implementation made to ‘‘Strategic Plan.’’ Measuring Performance: The Annual of Textile Agreements. That directive Performance Plan concerns imports of certain cotton, wool and FOR FURTHER INFORMATION CONTACT: Relating General Goals and Objectives to man-made fiber textile products, produced or Madge A. Bolinger, Office of Financial Performance Goals and Program manufactured in Egypt and exported during Management, Commodity Futures Evaluation. the twelve-month period which began on Trading Commission, Three Lafayette Appendix January 1, 1997 and extends through Centre, 1155 21st Street, NW, Understanding the Fundamental of December 31, 1997. Washington, DC 20581 (202) 418–5180. Commodity Futures and Options Effective on September 17, 1997, you are Addresses of the Commodity Exchanges & directed to adjust the limits for the following SUPPLEMENTARY INFORMATION: The Designated Self-Regulatory categories, as provided for under the Uruguay Government Performance and Results Organizations Round Agreements Act and the Uruguay Act, 5 U.S.C. 306 (‘‘GPRA’’), requires all CFTC Offices. Round Agreement on Textiles and Clothing: agencies to develop and submit strategic CFTC Team plans to the Congress and the Office of Commission Concurrence Publications and Information Category Adjusted twelve-month Management and Budget no later than level 1 September 30, 1997. The Commission Vision Statement Fabric Group has developed its plan, ‘‘Vision and Strategies for the Future: Facing the For the years 1997 through 2002, the 218±220, 224±227, 97,305,756 square Commodity Futures Trading 313±317 and 326, meters. Challenges of 1997 through 2002,’’ which establishes the goals, outcome Commission will: as a group. Preserve and promote the vital role Sublevel within Fab- objectives and strategies for the next five America’s commodity markets play in ric Group years. Public comment is now being establishing fair prices for goods and 227 ...... 22,175,665 square sought on the strategic plan. meters. The Commission’s draft Strategic Plan services and managing the risks of their Level not in a group is set forth below. production, marketing, and distribution 338/339 ...... 3,052,092 dozen. in the world economy. Issued in Washington, DC, on September 8, 1 The limits have not been adjusted to ac- 1997, by the Commission. Mission Statement count for any imports exported after December 31, 1996. Jean A. Webb, The mission of the Commodity Secretary to the Commission. Futures Trading Commission (CFTC) is The Committee for the Implementation of to protect market users and the public Textile Agreements has determined that Vision and Strategies for the Future: these actions fall within the foreign affairs from fraud, manipulation, and abusive exception to the rulemaking provisions of 5 Facing the Challenges of 1997 Through practices related to the sale of U.S.C. 553(a)(1). 2002 commodity futures and options, and to Sincerely, Commodity Futures Trading foster open, competitive, and financially Troy H. Cribb, Commission Strategic Plan 1997–2002 sound commodity futures and option Chairman, Committee for the Implementation markets. August 1997 of Textile Agreements. Background [FR Doc. 97–24527 Filed 9–15–97; 8:45 am] Draft The Commodity Futures Trading BILLING CODE 3510±DR±F Table of Contents Commission was created by Congress in Vision Statement 1974 as an independent agency with the Mission Statement mandate to regulate commodity futures COMMODITY FUTURES TRADING Economic Benefits of Futures Trading COMMISSION and option markets in the United States. Profile of Market Users The agency’s mandate was renewed and Current Perspective on the Industry expanded in 1978, 1982, 1986, 1992, Strategic Plan U.S. Commodity Exchanges Map of CFTC-Regulated Commodity and 1995. AGENCY: Commodity Futures Trading Exchanges Today, the CFTC is responsible for Commission. Number of Registered Commodities ensuring the economic utility of futures ACTION: Request for comments. Professionals markets by encouraging their Number of Contract Markets competitiveness and efficiency, SUMMARY: The Commodity Futures Volume of Trading ensuring their integrity, and protecting Trading Commission, in accordance Managed Funds market participants against with the requirements of the Strategic Goals & Objectives manipulation, abusive trade practices, Government Performance and Results Goal One—The Marketplace and fraud. Through effective oversight Act, has developed a draft Strategic Plan Goal Two—The Market Users Goal Three—The Environment regulation, the CFTC enables the which was submitted to the Office of commodity futures markets better to Management and Budget on August 15, Summaries of Outcome Objectives & Activities serve their important function in the 1997. The Commission is now soliciting Achieving the Goals: Strategies to Mission nation’s economy of providing a comments on the draft plan. Performance—1997–2002 mechanism for price discovery and a DATES: Comments must be received on The Environment means of offsetting price risk. or before October 16, 1997. The Strategies Futures contracts for agricultural ADDRESS: Comments on the strategic Achieving the Goals: External Challenges— commodities have been traded in the plan may be sent to Jean A. Webb, 1997–2002. U.S. for 150 years and have been under The Challenges Secretary, Commodity Futures Trading The Strategies federal regulation since the 1920s. In Commission, Three Lafayette Centre, Achieving the Goals: Internal Challenges— recent years, futures trading has 1155 21st Street, NW, Washington, DC 1997–2002. expanded rapidly into many new 20581. Comments may be sent by The Challenges markets, beyond the domain of 48614 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices traditional physical and agricultural intensely competitive marketing protect themselves against the risk of an commodities. Futures and option systems. unfavorable price change in the interim. contracts are now offered in a vast array Indeed, it is an example of a classical Or hedgers may use futures to lock in of financial instruments, including free market with many buyers and an acceptable differential between their foreign currencies, U.S. and foreign sellers, no one of whom has dominant purchase cost and their selling price. government securities, and U.S. and market power, achieving an equilibrium The number and variety of hedging foreign stock indices. price level through open exchange of possibilities are extensive. A cattle supply and demand information. feeder can hedge against a decline in Economic Benefits of Futures Trading livestock prices, and a meat packer or Economic Benefits Why Were Futures Markets Created? supermarket chain can hedge against an In a competitive market economy, increase in livestock prices. Borrowers The frantic shouting and signaling of there is general agreement among can hedge against higher interest rates, bids and offers on the trading floor of a economists that a market for a product and lenders against lower interest rates. futures exchange undeniably convey an would be perfectly competitive if: Investors can hedge against an overall impression of chaos. The reality, • many buyers and sellers met decline in stock prices, and those who however, is that chaos is what futures openly, and no one individually anticipate having money to invest can markets replaced. Prior to the controlled the market; hedge against an increase in the overall establishment of central grain markets • the commodity was standardized so level of stock prices. in the mid-nineteenth century, the all knew the grade and quality of the Whatever their hedging strategy, a nation’s farmers carted their newly product being traded; and common denominator is that hedgers harvested crops over plank roads to • buyers and sellers could enter the willingly give up the opportunity to major population and transportation market freely, and participants had full benefit from favorable price changes in centers each fall in search of buyers. knowledge of available supply and order to achieve protection against The seasonal glut drove prices to give- demand for their product. unfavorable price changes. In essence, away levels and, indeed, to throw-away While no market meets that ideal, they acquire a form of price insurance. levels as grain often rotted in the streets futures markets come closer to it than Speculators or was dumped in rivers and lakes for most others and yield significant lack of storage. Come spring, shortages economic benefits: If you were to speculate in futures frequently developed and foods made • Price Discovery. With many contracts, the person taking the opposite from corn and wheat became barely potential buyers and sellers competing side of your trade on any given occasion affordable luxuries. Through the year, it freely, futures trading is a very efficient could be a hedger or another speculator- was each buyer and seller for him- or means of determining the price level for someone whose opinion about the herself, with neither a place nor a a commodity. This is commonly probable direction of prices differs from mechanism for organized, competitive referred to as price discovery. your own. bidding. The first central markets were • Hedging Risk. Futures markets give Speculators are individuals or firms formed to meet that need. Eventually, producers, processors, and users of who seek to profit from anticipated contracts were entered into for forward commodities and financial instruments increases or decreases in futures prices. as well as for spot (immediate) delivery. a means of passing the price risks In so doing, they help provide the risk So-called forwards were the forerunners inherent in their businesses to traders capital needed to facilitate hedging. of present day futures contracts. who are willing to assume those risks. Someone who expects a futures price to increase would purchase futures Spurred by the need to manage price In other words, commercial users of the contracts in the hope of later being able and interest rate risks that exist in markets can hedge—enter into an equal to sell them at a higher price. This is virtually every type of modern business, and opposite transaction to their cash known as ‘‘going long.’’ Conversely, today’s futures markets have also market position in order to reduce the someone who expects a futures price to become major financial markets. risk of financial loss due to a change in decline would sell futures contracts in Participants include mortgage bankers price—and, through hedging, lower the hope of later being able to buy back as well as farmers, bond dealers as well their costs of doing business. This identical and offsetting contracts at a as grain merchants, and multinational results in a more efficient marketing lower price. The practice of selling corporations as well as food processors, system and, ultimately, lower costs for futures contracts in anticipation of lending institutions, and individual consumers. lower prices is known as ‘‘going short.’’ speculators. • Market Information. Since futures One of the attractive features of Futures prices arrived at through markets are national and worldwide in scope, they act as a focal point for the futures trading is that it is equally easy competitive bidding are immediately to profit from declining prices (by and continuously relayed around the collection and dissemination of statistics and vital market information. selling) as it is to profit from rising world by wire and satellite. A farmer in prices (by buying). Nebraska, a merchant in Amsterdam, an Profile of Market Users importer in Tokyo, and a speculator in Floor Traders Ohio have simultaneous access to the Hedgers Floor traders, or locals, who buy and latest market-derived price quotations. The details of hedging can be sell for their own accounts on the And, should they choose, they can somewhat complex, but the principle is trading floors of the exchanges, play an establish a price level for future simple. Hedgers are individuals and important role as futures market delivery—or for speculative purposes— firms which make purchases and sales participants. Like specialists and market simply by having their broker buy or in the futures market solely for the makers at securities exchanges, they sell the appropriate contracts. Images purpose of establishing a known price help to provide market liquidity. If there created by the fast-paced activity of the level for something they later intend to is not a hedger or speculator who is trading floor notwithstanding, regulated buy or sell in the cash market (such as immediately willing to take the other futures markets are a keystone of one of at a grain elevator or in the bond side of an order at or near the going the world’s most orderly, envied, and market). In this way, they attempt to price, there may be a floor trader who Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48615 will do so, in the hope of being able to for the operation of the exchange and futures trading also began on the New make an offsetting trade at a small profit the business conduct and financial York Produce Exchange and the New minutes or even seconds later. In the responsibility of their member firms. York Cotton Exchange. By 1885, the grain markets, for example, there is History New York Coffee Exchange was actively frequently only one-fourth of a cent per trading futures contracts. Since the bushel difference between the prices at As the economy of the United States second half of the nineteenth century, which a floor trader buys and sells. expanded during the early part of the the growth of these exchange Floor traders create more liquid and nineteenth century, the commodity institutions has been steady and competitive markets. However, it should exchanges evolved from unorganized continuous-evolving into the 11 U.S. be noted that unlike market makers or club-like associations into formalized commodity exchanges, designated as specialists, floor traders are not exchanges. In 1848, the first formal contract markets by the CFTC, that are obligated to maintain a liquid market or exchange, the Chicago Board of Trade, used today. to take the opposite side of customer was established with 82 members. And orders. on March 13, 1851, the first contract The total volume of futures contract and option trading on all exchanges in Current Perspective on the Industry was traded on this exchange, encouraged by the trading standards, the United States now has a notional U.S. Commodity Exchanges inspections system, and weighing value of billions of dollars per day. The There are 11 commodity exchanges in system prescribed by the board commodity exchanges have become an the United States, located in six cities. members. indispensable financial tool for the These self-regulatory organizations are Trading on the Chicago Board of world’s markets. responsible, subject to CFTC oversight, Trade was considerable, and by 1870 BILLING CODE 6351±01±P 48616 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

BILLING CODE 6351±01±C Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48617

Number of Registered Commodities The Commission has seen the Type of registered professional Number Professionals in 1997 introduction of new and novel trading instruments to handle a variety of Companies and individuals who Total ...... 62,208 handle customer funds or give trading financial risks, such as currencies, advice must apply for registration inflation-indexed debt instruments, Number of Contract Markets through the National Futures contracts based on various domestic and Association (NFA), a Congressionally Before an exchange may offer a foreign stock indices, as well as the risks authorized self-regulatory organization contract for trading, the Commission inherent in the agricultural sector of the subject to CFTC oversight. must review the terms and conditions of economy. It is expected that this The Commission regulates the the proposed contract, as well as innovation will continue as firms, activities of over 62,000 registrants: subsequent rule amendments to the companies, producers, processors, and terms and conditions of the contract, to others turn to the commodity futures Number markets for hedge protection against Type of registered professional in 1997 ensure its economic viability. Improperly designed contracts can financial risk. Associated Persons (Sales People) 45,850 increase the chance of cash, futures, or There are currently over 230 separate Commodity Pool Operators (CPOs) 1,351 option market disruptions and actively traded contracts on the United Commodity Trading Advisors (CTAs) ...... 2,606 undermine the usefulness and efficiency States exchanges. This number has Floor Brokers (FBs) ...... 9,299 of a market. grown by 105% over the number of Floor Traders (FTs) ...... 1,331 During fiscal 1996, the Commission contracts traded just a decade ago and Futures Commission Merchants designated 92 new futures and option is expected to reach nearly 280 contracts (FCMs) ...... 233 by the year 1999. Introducing Brokers (IBs) ...... 1,538 contracts, the highest number of new contracts in any single fiscal year. BILLING CODE 6351±01±P

BILLING CODE 6351±01±C Volume of Trading Volume of trading is measured in number of contracts traded. The volume of trading on the U.S. exchanges has risen nearly 130% in the decade since 1986. During FY 1996, there were 494,502,868 futures and option contracts traded. Volume is expected to rise to over 579 million contracts in FY 1999. 48618 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

BILLING CODE 6351±01±C segment of the population has money increasingly using managed futures to Managed Funds invested in the futures markets, either diversify their portfolios. directly or indirectly, through pension Over the last decade, from 1986 Investment management professionals funds or ownership of shares in publicly through 1996, the amounts of money have been using managed futures for held companies that participate in the under management has grown more than 20 years. Recently, there has markets. Institutional investors such as been a surge in pooled and managed corporate and public pension funds, exponentially from less than $2 billion money and an increasingly large insurance companies, and banks are to nearly $26 billion. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48619

BILLING CODE 6351±01±C Strategic Goals and Objectives Goal Two—The Market Users Over the past 15 years, the profile of the typical commodity pool has changed The mission of the Commodity Protect market users and the public. significantly. Fifteen years ago, Futures Trading Commission is The focus of the second goal is commodity pools were offered with the accomplished through three strategic protection of the firms and expectation that maximum goals, each focusing on a vital area of individuals—market users—who come to the marketplace to fulfill their contributions would be $1 million. Most regulatory responsibility. The goals are business and trading needs. Market pools were single-advisor pools, with highlighted here, and defined in terms users must be protected from possible the CPO acting as CTA for the pool. of outcome objectives and related wrongdoing on the part of the firms and Pools were designed for speculative activities on the charts which follow. trading, and there were no ‘‘principal- commodity professionals with whom protected’’ pools, tiered pools, or Goal One—The Marketplace they deal to access the marketplace, and dynamically managed pools. they must be assured that the Today, the pool universe is comprised Protect the economic functions of the marketplace is free of fraud, of: commodity futures and option markets. manipulation, and abusive trading • Single and multiple advisor pools; The focus of this goal is the practices. • Multi-media pools-that is, pools marketplace. If the United States Goal Three—The Environment that invest in securities and futures as commodity futures markets are well as other investments, including protected from and free of abusive Foster open, competitive, and financially sound markets. ‘‘hot issues’’ of U.S. securities, off- practices and influences, they will The third goal focuses on several exchange instruments, and international better operate to fulfill their vital role in important outcomes—effective industry markets; our market economy and the global • Pools which use leverage and self-regulation, firms and financial economy-accurately reflecting the forces isolate particular forms of return, such intermediaries with sound business, as the mortgage pre-payment option; of supply and demand and serving financial, and sales practices, and • Principal-protected pools; and market users by fulfilling an economic responsive and flexible regulatory • Pools which invest in other pools. need. oversight.

SUMMARIES OF OUTCOME OBJECTIVES AND ACTIVITIESÐGOAL #1 Goal #1: Protect the economic junctions of the commodity futures and option markets.]

Outcome objective Activity

Foster futures and option markets that accurately reflect the 1. Collect and analyze daily U.S. futures and options data for all actively trading forces of supply and demand for the underlying commodity contracts to detect congestion and/or price distortion and respond quickly to and are free of disruptive activity. potentially disruptive situations. 48620 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

SUMMARIES OF OUTCOME OBJECTIVES AND ACTIVITIESÐGOAL #1ÐContinued Goal #1: Protect the economic junctions of the commodity futures and option markets.]

Outcome objective Activity

2. Monitor the markets to determine how conditions and factors observed may impact individual registrants or the markets in general (e.g., price volatility, supply conditions, activities of affiliated companies of registrants, over-the- counter derivatives trading, manipulative or fraudulent practices, etc.), to deter potentially negative situations and to take appropriate action. 3. Conduct timely review of contract market designation applications and changes to applications to determine if they are economically viable and do not pose a likelihood of disruption in the cash, futures, and option markets. 4. Conduct weekly market surveillance meetings of the Commission to analyze market information, to discuss potentially disruptive situations and conditions, and to respond quickly to market crises. 5. Respond to market emergencies and disruptive activities swiftly and effec- tively. 6. Maintain a current understanding of market functions and developments through research. 7. Identify possible manipulation and other abusive trading practices for inves- tigation and possible enforcement or criminal action. 8. Investigate possible manipulation and other abusive trading practices. 9. Institute enforcement cases concerning manipulation and other abusive trading practices. 10. Sanction violators. 2. Oversee markets which can be used effectively by produc- 1. Conduct timely review of contract market designation applications, and ers, processors, financial institutions, and other firms for changes to applications, to determine if they are economically viable and do the purposes of price discovery and risk shifting. not increase the likelihood of disruption in the cash, futures, and option mar- kets. 2. Participate in the President's Working Group on Financial Markets to ensure coordination of information and efforts among U.S. financial regulators. 3. Maintain a current understanding of market functions and developments through research. 4. Provide materials and information on the functions and utility of the markets to the public through public Commission meetings, through public roundtables, advisory committee meetings, symposia, U.S. Department of Agriculture publi- cations, press releases, advisories, etc.

SUMMARIES OF OUTCOME OBJECTIVES AND ACTIVITIESÐGOAL #2 [Goal #2: Protect market users and the public.]

Outcome objective Activity

Promote compliance with and deter violations of federal com- 1. Identify and investigate possible fraudulent and other illegal activities relating modities laws. to the commodity futures and option markets and their registrants. 2. Bring injunctive actions, including using ``quick-strike'' efforts to protect assets and to stop egregious conduct. 3. Bring administrative cases involving manipulation, fraud, and other violations. 4. Hear administrative cases. 5. Sanction violators. 6. Inform the public and the industry concerning allegations of wrongdoing and associated legal actions, including through publications and through Commis- sion orders and reports describing the alleged violations and the Commission's legal and policy analysis. 7. Collect sanctions and civil monetary penalties against violators. 8. Cooperate with the exchanges, the National Futures Association, other federal agencies, state governments and law enforcement entities, and foreign authori- ties to gain information for law enforcement purposes and to provide enforce- ment assistance as necessary and appropriate. 9. Monitor the Internet and other communication media for fraudulent √ √ √activities and other possible violations of the Act. 10. Resolve appeals in administrative enforcement matters and self-regulatory organization adjudicatory actions. 2. Require commodities professionals to meet high stand- 1. Oversee the National Futures Association registration program. ards. 2. Require testing, licensing, and ethics training for commodities professionals. 3. Maintain regulations and oversight to ensure the effective use of disclosure documents by commodities professionals. 4. Investigate and bring administrative registration cases arising out of alleged statutory disqualification and obtain suspensions, revocations, conditions, or restrictions of registration. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48621

SUMMARIES OF OUTCOME OBJECTIVES AND ACTIVITIESÐGOAL #2ÐContinued [Goal #2: Protect market users and the public.]

Outcome objective Activity

3. Provide a forum for effectively and expeditiously handling 1. Provide a reparations program for commodities market users to make claims customer complaints against persons or firms registered relating to violations of the Act. under the Act.

SUMMARIES OF OUTCOME OBJECTIVES & ACTIVITIESÐGOAL #3 [Goal #3: Foster open, competitive, and financially sound markets.]

Outcome objective Activity

1. Ensure sound financial practices of clearing organizations 1. Promulgate regulations to ensure sound business, financial, and sales prac- and firms holding customer funds. tices in firms participating in the commodities industry. 2. Review and oversee self-regulatory organization audit and financial practices. 3. Identify possible financial, capitalization, segregation, and supervision viola- tions for investigation and possible prosecution. 4. Investigate possible financial, capitalization, segregation, and supervision vio- lations. 5. Bring cases concerning financial, capitalization, segregation, and supervision violations. 6. Sanction violators. 2. Promote and enhance effective self-regulation of the com- 1. Ensure effective self-regulatory organization enforcement programs. modity futures and option markets. 2. Review and approve self-regulatory organization rules and rule amendments. 3. Conduct rule enforcement reviews of self-regulatory organizations (financial practices, sales practices, trade practices, and audit trail). 4. Review and oversee self-regulatory organization audit and financial practices. 5. Review adequacy of self-regulatory organization disciplinary actions. 6. Conduct direct audits of clearing organizations and firms handling customer money to ensure compliance with capitalization and segregation rules. 7. Promulgate regulations to ensure effective self-regulation by exchanges, clear- ing organizations, and registered futures associations. 3. Facilitate the continued development of an effective, flexi- 1. Coordinate and cooperate with global financial services regulators to share ble regulatory environment responsive to evolving market vital information and develop appropriate global standards in the commodities conditions. industry as markets emerge and evolve. 2. Participate in the International Organization of Securities Commissions and represent the Commission at international meetingsconcerning commodity reg- ulation. 3. Participate in the President's Working Group on Financial Markets to ensure coordination of information and efforts among U.S. financial regulators. 4.Provide exemptive, interpretive, or other relief as appropriate to foster the de- velopment of innovative transactions, trading systems, and similar arrange- ments. 4. Promote markets free of trade practice abuses ...... 1. Identify possible trade practice violations for investigation and possible en- forcement proceedings. 2. Investigate possible trade practice violations. 3. Bring cases concerning trade practice violations. 4. Bring enforcement proceedings against violators.

Achieving The Goals: Strategies to and the way in which we must respond Achieving The Goals: External Mission Performance—1997–2002 to meet it successfully. Evaluating and Challenges—1997–2002 adjusting our plan will ensure that The Environment The Challenges potential problems or weaknesses are The environment in which the managed before they develop into The Commodity Futures Trading Commodity Futures Trading crises. Commission faces challenges external to Commission operates and works is the organization which may The Strategies dynamic. Futures and option markets significantly alter its ability to meet its are fluid. New products, as well as To fulfill our commitment, we must goals, its outcome objectives, and even changes in terms and conditions of develop and employ various strategies its mission, depending on the weight of existing contracts, are common. which focus on achieving results. These their influence and the timing of their Increasing globalization of the financial strategies will define the basis for occurrence. markets also presents challenges and developing policies, making decisions, We have identified ten such factors opportunities to the agency’s mission taking actions, allocating resources and that may impact strategic planning at performance. defining program direction. They will the CFTC. Accomplishing our mission will clarify why the organization exists, what The volume of trading in futures and require a commitment continually to it does, and why it does it—providing commodity options—which is assess the external and internal issues a bridge to understanding how we influenced, in turn, by external and trends that may affect our mission connect to our environment. 48622 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices volatility, commodity price volatility in jurisdictions—such as self-regulatory • Develop an automated market general, and events and conditions organizations, other federal and state surveillance system capable of specific to individual commodity law enforcement agencies, and foreign collecting and assimilating data from markets. authorities. option trading, as well as commodity The number and sophistication of futures trading. The Strategies market users—including the increasing • Respond rapidly and effectively to number of institutional users trading as Develop a Responsive and Flexible destabilizing events, either in the fiduciaries. Regulatory Posture—It is not possible to United States markets or in the global The variety of markets traded—in predict which external influences marketplace, to ensure the protection of recent years, the CFTC has designated ultimately will affect the commodity U.S. interests and customers. futures and option markets on a wide futures and option industry over the • Monitor the increasing volume of range of commodities, instruments, and next five years. However, certain trends the public’s funds invested either indices. These have included: dairy observed in the past few years are likely directly or indirectly through products, such as milk and cheese; to continue. In order to fulfill its goal of commodity pools. various energy products including: being a flexible and responsive electricity; various currency and cross- regulatory body, the Commission must Advancing Technology currencies; inflation-indexed U.S. develop strategies to ensure that the • Develop capability of overseeing Treasury bonds; foreign interest rates; appropriate reactions and responses to rapidly evolving technological changes boneless beef; pollution rights; crop these trends are developed. and innovations influencing the yields; and a wide range of foreign and markets—electronic trading domestic stock indices. Innovation • mechanisms, increasingly linked trading The growing use of over-the-counter Respond to innovation through the relationships, real-time trading, (OTC) derivatives—such use may timely review of new and novel trading electronic commerce, expansion of the increase exchange trading volume as instruments. Internet and other advancements. dealers in such OTC instruments • Develop a capability of • Ensure that the Commission has attempt to hedge their resulting risk understanding the underlying economic state-of-the art computing power to exposures. Often it also requires effects and benefits of new product collect and analyze the increasing analysis of such OTC instruments for development, new markets, and new volume of data generated by the purposes of determining the appropriate complex trading mechanisms. commodity futures and option markets. regulatory framework. Structural changes in the financial Globalization Develop and Sustain Vital services industry—such as the • Maintain watchful surveillance Partnerships—Strong working diversification into overseas markets, activities to monitor systemic risk of relationships with other organizations and the convergence of the securities, expanding markets, intermarket and jurisdictions involved not only in commodities, insurance, and banking linkages, and cross-border trading commodity futures and option trading, industries. systems. but domestic and international finance Events that destabilize the commodity • Foster and sustain strong and law enforcement, increase the markets—such as the 1987 stock market relationships with foreign authorities to Commission’s ability to build break, the 1995 collapse of Barings ensure rapid communication and knowledge and insight, share Bank, and the copper market events responsive actions in the event of global information, and participate in precipitated by the Sumitomo financial uncertainty. developing standard practices and Corporation in 1996. • Participate in international efforts policies. The globalization of financial to standardize world-wide market Federal and State markets—broadening the needs for surveillance and information sharing • market surveillance, analysis of practices. A key relationship that ensures intermarket relationships, cross-border regulatory consistency across the federal enforcement efforts, and cooperation Competitiveness government is the Commission’s and information sharing with foreign • Consider refinements to the participation in the President’s Working authorities. regulatory framework to take into Group on Financial Markets. This The effect of federal laws and account the growing use of over-the- critical forum for coordination of policies—on the U.S. economy, such as counter derivatives. regulation across financial markets the deregulation of the energy industry • Respond to structural changes in brings together the leaders of the federal and changes in farm subsidy policies, the financial services industry to ensure financial regulatory agencies to consider spawning change and innovation such a level playing field as the commodities, issues concerning risk assessment, as new types of crop insurance. securities, and banking industries capital requirements, internal controls, The advancement in technology— become more integrated. disclosure, accounting, market practices which continues to introduce challenges relating to trading in derivative in many areas-alternatives to the ‘‘open- Dynamic Economic Forces instruments, bankruptcy law revisions, outcry’’ method of trading commodity • Monitor general economic events and contingency planning for market futures on the exchange floor, enhanced and trends in order to understand emergencies. methods for timing and tracking trading dynamics affecting commodity futures • Another key federal liaison is with transactions, on-line filing of financial and option trading. the U.S. Department of Agriculture. information by market users, electronic • Respond to the changing needs of Consistent with the mandate of the Act, marketing and trading of financial and the U.S. agricultural community the FAIR, CFTC will work with USDA risk-hedging products, and trading resulting from the passage of the Federal staff in a risk management education commodity futures and options on a Agricultural Improvement Reform effort to reach agricultural producers global, 24-hour real-time basis. (FAIR) Act of 1996 and the changes it seeking risk management services or The standards, resources, and will spawn in this sector of the U.S. advice to deal with the changes priorities of other organizations and economy. resulting from its passage. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48623

• Commission staff works through threaten market integrity. Cross-border Committee has also served a conduit for various established intergovernmental information sharing among market the views of federal financial market partnerships to share information and to regulators forms the linchpin of oversight agencies, futures exchanges, consult on issues of importance both to effective surveillance of global markets and accounting firms. the Commission and to other financial linked by products, participants, and • The CFTC-State Cooperation regulators. Some meetings are recurring, information technology. The Advisory Committee (CSCAC) continues such as biweekly conference calls and Commission currently has 18 formal to play a highly productive role in quarterly meetings held among the arrangements for the sharing of facilitating the cooperation between CFTC, the Securities and Exchange information on enforcement matters, federal and state regulatory authorities. Commission, the Department of the three arrangements related to financial In the context of diverse state laws and Treasury, the Board of Governors of the information sharing, and nine enforcement authorities, it provides a Federal Reserve System, the New York cooperative arrangements for the forum for the Commission to solicit the Federal Reserve Bank and the Federal sharing of information on matters advice and recommendations of Deposit Insurance Corporation. Others related to foreign firms and exemptions knowledgeable state officials in efforts are occasional as needed, but from certain CFTC rules and one letter to protect investors from fraud and nonetheless valuable, such as those with relating to the use of foreign settlement secure the integrity of futures markets. the Department of Energy, the banks. Similarly, it helps the various state • Department of Agriculture, and the A key partnership in our efforts to regulators learn about changes to federal Department of Labor’s Bureau of Labor remain abreast of global financial issues laws and regulations as well as federal Statistics on other matters. is our membership in the International enforcement activities. This facilitates • The working relationships with Organisation of Securities Commissions the exchange of information and the other federal law enforcement entities (IOSCO), an organization of more than coordination of policies and are also fundamental to an effective law 120 members from over 75 countries. enforcement efforts among the CFTC, enforcement effort. The Commission IOSCO’s main purposes are to provide the SEC, and the Department of Justice. coordinates its enforcement efforts with machinery for exchanging information Some of the issues addressed in recent agencies such as the Department of and expertise between regulatory years include: Justice, the Federal Bureau of authorities for the supervision of world —misleading advertising in the Investigation, the Federal Trade securities and derivatives markets, to broadcast media; Commission, the Securities and establish standards of best practice, to —bank-financed precious metal Exchange Commission and the U.S. ensure market integrity, and to promote investing; Postal Inspection Service. effective supervision and enforcement. —commodity pool operations; and, The CFTC is also represented on IOSCO deals with issues affecting both —public availability of disciplinary several interagency task forces designed developed and emerging markets. actions in the futures industry. to keep participants abreast of new Advisory CSCAC’s membership includes developments in financial crimes and to The Commission sponsors three representatives of federal and state law coordinate the government’s response. enforcement agencies, futures industry • Enforcement efforts are coordinated advisory committees that facilitate a dialogue between the CFTC and three associations, and private futures with state authorities as well, including brokerage firms. state commissions responsible for the key groups of interested persons—the regulation of corporations, securities, American agricultural community, the Achieving the Goals: Internal financial community, and the states. insurance, and banking. Challenges—1997–2002 • The Agricultural Advisory Self-Regulatory Committee (AAC) represents a vital link The Challenges The National Futures Association between the Commission, which Many of the internal challenges (NFA) has been granted registration by regulates agricultural futures and option identified may not be unique to the the Commission as a futures association markets, and the agricultural CFTC, but nonetheless are possible with specific self-regulatory community, which depends on those barriers to success which must be responsibilities under the Commodity markets for hedging and price analyzed and met in order to succeed in Exchange Act. The NFA has existed discovery. The AAC’s 25 member its mission. since 1982 and works in partnership organizations represent a major portion Diminishing Resources—with a with the Commission to assure high of the American agricultural declining pool of budgetary resources standards for industry professionals. community. For the last 14 years, the slated for domestic discretionary The Commission works closely with the AAC’s twice yearly meetings have programs, every federal entity faces the NFA in a variety of areas to augment fostered an ongoing dialogue between same task of streamlining the way it scarce government resources— that community and the Commission. operates. The Commission will continue • The Financial Products Advisory registration, ethics training for industry to review its requirements and program Committee provides a means of professionals, the review of disclosure initiatives to ensure that its fiscal receiving invaluable information and documents, and issues concerning perspective is sound. It must also obtaining advice and recommendations statutory disqualification of registrants. continue to seek ways of improving on issues related to financial markets. In performance, delegating responsibilities, International this regard, the Committee has served as and becoming more efficient. • In the past several years, the a channel for communicating to the Recruitment and Retention of Commission has cooperated with a large Commission diverse viewpoints within Qualified Professionals—nearly 80% of number of foreign regulatory authorities the financial community, including the the staff of the CFTC falls into four through formal memoranda of views of broker-dealers, pension fund categories of professional employment: understanding (MOUs) and other sponsors, investment companies, law, economics, financial audit, and arrangements to combat cross-border futures commission merchants, futures trading. The complexity of the fraudulent and other prohibited commodity pool operators, and work at the Commission demands practices that could harm customers or commodity trading advisors. The highly skilled workers, many with 48624 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices advanced educational degrees. perform oversight of the exchanges as • Provide technical and advanced Competition for these individuals has they increase their use of technology. training to ensure that CFTC staff skills always been keen, and there is no This technological trend has been keep pace with advances in the indication that this challenge will abate. reflected in the increasing linkage of commodities industry and permit Indeed, the Commission is the only global markets and the introduction of promotion to higher levels of federal financial regulator which does overnight trading capabilities by major responsibility. not have the authority to pay U.S. exchanges linked to foreign Build a strong technological professionals at premium pay levels. counterparts. Advances in technology infrastructure— In some instances, as with lawyers will improve the ability of the • Implement the Commission’s Five- and economists, the Commission has exchanges to handle their work Year Automated Data Processing (ADP) experienced the effects of a ‘‘brain electronically. The Commission must be Plan. The plan establishes: the drain,’’ when highly talented and knowledgeable in these technologies to Commission’s systems development skilled employees are hired away from fulfill its mission of fostering innovation priorities; agency standards for various the CFTC by other federal financial and a flexible and responsive regulatory software applications; policies and regulators who can offer premiums. environment. procedures related to support provided Potential for Significant Numbers of Remaining Educated and Informed as by the Office of Information Resources Retirements—the CFTC is in its 23rd Innovation Changes the Industry—it has Management (OIRM); and priorities for year of operation. Many of the always been necessary for Commission acquisition and utilization of external employees who started with the staff to continue to improve their databases and other electronic Commission in its early days are knowledge of developing economic information services. • approaching retirement age. Over 12% trends, new trading instruments, trading Sustain the Commission’s End-User of CFTC’s on-board staff will become strategies, and the interrelationship of Advisory Group (EAG) to gain broad eligible for retirement in the next five markets, domestically and input into planning and prioritizing years. This level of turnover will require internationally. Without such continued technological developments. The EAG significant levels of recruitment and investment in skill and information provides: assistance and guidance to training, particularly to fill behind the building, they may not be fully capable OIRM in the development of the Five- loss of so much ‘‘institutional memory.’’ of understanding the marketplace, the Year ADP Plan; annual review and Another challenge associated with a economic influences on it, and its prioritization of OIRM’s systems significant turnover in staff is the changing needs and uses. This level of development workload; establishment question of reengineering. Allocation of skill and knowledge will need to of Commission-wide standards for the staff resources in the future needs to be increase over the next five years as new use of software applications and support considered in light of changes in the markets emerge around the world and provided by OIRM; and priorities for organization’s tasks and responsibilities. acquisition and utilization of databases Remaining Abreast of Current market users seek new hedging strategies. and information services. Technology—perhaps more so than • Implement and refine the CFTC’s many other federal agencies, the The Strategies automated Market Surveillance System. Commission is dependent on a • Strategies to Develop a Responsive Maintain and enhance expertise significant level of advanced technology capable of overseeing the technological to manage the volume and complexity Commission Culture—At the center of the Commission’s mission advancements in the domestic and of financial information we collect and international markets. analyze. Data are voluminous, require accomplishment are the core business • processes and responsibilities. Meeting Review and replace hardware and timely handling, and must be software with current technology to thoroughly analyzed for anomalies in these responsibilities and performing them well provides an ongoing level of support Commission goals. trading patterns, relationships, and Reengineer business processes to regulatory presence and support to the strategies. streamline regulatory requirements and industry and its users. These core Over the years, the Commission has to create internal efficiencies— developed and maintained an business processes are many and • Identify areas which may benefit impressive technological infrastructure include: daily market surveillance, the from reengineering, to create efficiencies and has employed automation when detection and prosecution of for the regulated industry or for the feasible to enhance its work product and wrongdoing, contract market CFTC’s internal processes. to enhance productivity in light of a designation, rule review, market Recent examples include: the static level of staffing. research, and audits of industry firms. implementation of ‘‘fast-track’’ The sophisticated market surveillance To accomplish the day-to-day procedures for processing certain and market analysis the Commission activities associated with these contract designation applications and performs are accomplished through the processes, the Commission must rules-cutting in half the average period use of databases and econometric maintain a positive culture within such contracts and rules are pending modeling. Fact patterns for enforcement which to work. Over the next five years, with the Commission; streamlining of investigations are supported by the following strategies will guide us the risk disclosure process; and computer programs, and many other and help us meet the internal challenges streamlining the administrative responsibilities could not be we face. opinions process to reduce the backlog accomplished without the significant Build a professional and highly of pending cases. level of information technology at the trained staff— Restructure organizationally to CFTC. The need for this level of support • Set standards for the recruitment of improve performance and respond to will increase over the coming five years qualified staff. changing mandates and trends— as technology continues to evolve and to • Develop a recruitment and • As warranted, reorganize the offer new capabilities. promotion strategy to build a new internal structure of the Commission to Commission staff must be professional base for filling behind the strengthen program initiatives. knowledgeable as to current anticipated high level of retirements in Recent examples include: the technologies in order adequately to the next five years. strengthening of the enforcement Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48625 program through a reorgani-zation, ensure that day-to-day activities are assess the current system’s utility as the concentrated hiring and renewed appropriately defined and measured. primary method for capturing the training efforts; and the establishment of Activities are outlined by performance distribution of labor costs. an Office of International Affairs to indicators and performance targets for Status of Funds Reporting Process enhance the Commission’s ability to five years, FY 1998 through FY 2002. The Status of Funds, a financial meet the increasing challenge of playing Relating General Goals and Objectives an active role in international management reporting process, to Performance Goals and Program executed from the Commission’s initiatives. Evaluation Plan effectively to maximize the use automated financial management of scarce budgetary resources— Program evaluation, or determining system and presented to executive • Continually review resource how well the performance targets CFTC management, is the basis for periodic requirements for operations and has established are being achieved, is reports of the agency’s financial program initiatives to ensure sound necessary to measure the effectiveness condition and usage of its chief fiscal management and the optimal and efficiency of our work. Many resource—staff-years. This process will allocation of resources to mission program priority and resource allocation be evaluated to determine how it may requirements. decisions hinge on the knowledge of best facilitate the reporting of resource • Enhance the capability of the what is going well and what is not. For usage under the new framework of the financial management system to aid in the first three years of this plan, the Strategic Plan. Commission will use methods and analyzing inputs and outputs in order to Stakeholders improve the measurement of outcomes processes already in place to evaluate at the Commission. how we are progressing on the The Commission’s stakeholders-the • Make increasing use of the data implementation of the Strategic Plan public, the Congress, the flowing from our payroll/ personnel and the Annual Performance Plan. Administration, other federal departments and agencies, market users, system in order to determine how we Quarterly Objectives Review Process are using our most significant resource- registrants, the exchanges, the National The Quarterly Objectives reporting staff-years. Futures Association, and foreign process provides executive management • Develop advanced planning skills authorities-are valuable resources which with a review of program to assure an emphasis on results- must be tapped to provide critical accomplishments for the fiscal quarter oriented management. feedback on Commission goals and just completed and program priorities Communicate accountability to CFTC priorities. Understanding their for the current fiscal quarter. Also managers and staff— perspectives will assist the Commission included is a summary of performance • Institute a new Performance in clarifying its mission and directing its statistics, a series of output measures Management System to create a more resources. We will evaluate how best to provided by program. This reporting effective and responsive communication use these partnerships effectively. process will be evaluated to determine tool for managers and staff. Leadership • Employ the Annual Performance how it may be used as the method for Plan to improve the commu-nication of reporting on program progress toward The outcome envisioned by the specific goals and performance levels to meeting the goals, outcome objectives, Government Performance and Results staff to improve performance. and activities in the Strategic Plan as Act is improved efficiency and • Provide training at all levels of the well as a method for setting overall effectiveness of federal programs Commission so that employees have the priorities and allocating resources through the establishment of a system to skills and current information to enable consistent with those priorities. set goals for program performance and to measure the results. them to perform at a high level. Management Accounting Structure As this planning and reporting Code System Achieving and Measuring Performance process evolves, the Commission will Information concerning the evaluate how best to provide the Achieving Performance distribution of labor at the Commission leadership and direction to integrate The Commission may measure the is captured through the financial program, cost, and budget information success of its performance through four reporting system called MASC— into a reporting framework that allows broad indicators: Management Accounting Structure Code for fuller consideration of resource • Markets free of disruption. System. This input data, provided by allocations, operational costs, and • Registered and fit market every employee on a bi-weekly performance results. professionals and financial schedule, reflects the hours they intermediaries. dedicate to various Commission Monitoring External and Internal • Self-regulatory organizations with activities and projects. The information Factors sound financial practices and effective is intended for use by agency program The Commission will evaluate the enforcement programs. managers in their resource management most effective method to continually • Swift and aggressive investigation activities, as well as to provide a review key factors, external and internal and prosecution of wrongdoing, with database for documentation and support to the agency, which may affect how it sanctions and fines levied for the of the CFTC fee structure for such fee- achieves its mission. This evaluation maximum remedial and deterrent effect. generating activities as the designation process will ensure that the Commission of contract markets for trading on anticipates future challenges and makes Measuring Performance: The Annual exchanges and rule enforcement reviews adjustments to its goals, outcome Performance Plan of the exchanges. objectives, and activities before On an annual basis, work of the The MASC system will be reviewed potential issues and problems escalate. Commission is directed through the with the goal of reengineering the As part of this evaluation the Annual Performance Plan (APP). The present system to conform to the Commission will continue its APP establishes a full set of activity structure defined by this refinement of vital systems such as the performance indicators and targets to Strategic Plan. This evaluation will Market Surveillance System which 48626 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices provides invaluable front-line futures contract is one providing for What Is Daily Cash Settlement? information on commodity futures and delivery or settlement in July. Once a closing bell signals the end of option trading on a daily basis, and will It should be noted that even in the a day’s trading, the exchange’s clearing look to defining other systems that may case of deliverable futures contracts, organization matches each purchase provide assistance in anticipating issues very few actually result in delivery. Not made that day with the corresponding and directing resources. many speculators have the desire to take sale and tallies each member firm’s Appendix or make delivery of, for example, 5,000 gains or losses based on that day’s price bushels of wheat, or 112,000 pounds of changes—a massive undertaking Understanding the Fundamentals of sugar, or even one million dollars worth Commodity Futures and Options considering that well over one million of U.S. Treasury bills. Rather, the vast futures contracts are bought and sold on What is a Futures Contract? majority of speculators in futures What is an Option Contract? an average day. Each firm, in turn, markets choose to realize their monetary calculates the gains and losses for each What is Price Discovery? gains or losses by buying or selling What is Daily Cash Settlement? of its customers having futures What is Leverage? offsetting futures contracts prior to the contracts. What is Margin? delivery date. Gains and losses on futures contracts Selling a contract that was previously Addresses of the Commodity Exchanges are not only calculated on a daily basis, purchased liquidates a futures position. but they are also credited and debited Addresses of CFTC Offices Similarly, a futures contract that was on a daily basis. This process is known CFTC Team initially sold can be liquidated by an as a daily cash settlement and is an offsetting purchase. In either case, gain important feature of futures trading. It is Organizational Structure or loss is the difference between the Staffing also the reason a customer who incurs Occupations buying price and the selling price. a loss on a futures position may be Even hedgers generally do not make called to deposit additional funds into Commission Concurrence or take delivery. Most find it more his account—a margin call. Publications and Information convenient to liquidate their futures positions and (if they realize a gain) use What Is Leverage? Understanding the Fundamentals of the money to offset whatever adverse Commodity Futures and Options To say that gains and losses in futures price change has occurred in the cash trading are the result of price changes is What Is a Futures Contract? market. an accurate explanation, but by no A futures contract is an agreement What Is Price Discovery? means a complete explanation. Perhaps between two parties to buy and sell in more so than in any other form of Futures prices increase and decrease the future a specific quantify of a speculation or investment, gains and largely because of the myriad factors commodity at a specific price. The losses in futures trading are highly that influence buyers’ and sellers’ buyer and seller of a futures contract leveraged. An understanding of leverage judgments about what a particular agree now on a price for a product to be is crucial to an understanding of futures commodity will be worth at a given time delivered and/or paid for at a set time trading. in the future (anywhere from less than in the future, know as the ‘‘settlement The leverage of futures trading stems a month to more than two years). date.’’ Although actual delivery of the from the fact that only a relatively small commodity can take place in fulfillment As new supply and demand amount of money (known as initial of the contract, most futures contracts developments occur, and as new and margin) is required to buy or sell a are actually closed out or ‘‘offset’’ prior more current information becomes futures contract. On a particular day, a to delivery. available, these judgments are margin deposit of only $1,000 might reassessed, and the price of a particular enable you to buy or sell a futures What Is an Option Contract? futures contract may be bid upward or contract covering $25,000 worth of An option on a commodity futures downward. The process of soybeans. Or for $20,000 you might be contract is an agreement between two reassessment-price discovery-is able to purchase a futures contract parties which gives the buyer, who pays continuous. covering an index of common stocks a market determined price known as a Thus, in January, the price of a July valued at $200,000. The smaller the ‘‘premium,’’ the right (but not the futures contract would reflect the margin in relation to the underlying obligation), within a specific time consensus of buyers and sellers at that value of the futures contract, the greater period, to exercise his option. Exercise time as to what the value of a the leverage. of the option will result in the person commodity or item will be when the If you speculate in futures contracts being deemed to have entered into a contract expires in July. On any given and the price moves in the direction you futures contract at a specified price day, with the arrival of new or more anticipated, high leverage can produce known as the ‘‘strike price.’’ In some accurate information, the price of the large profits in relation to your initial cases, an option may confer the right to July futures contract might increase or margin. Conversely, if prices move in buy or sell the underlying asset directly, decrease in response to changing the opposite direction, high leverage can and these options are known as options conditions and expectations. produce large losses in relation to your on the physical asset. Competitive price discovery is a major initial margin. economic function and benefit of What Is Delivery vs. Cash Settlement? futures trading. The trading floor of a What Is Margin? There are two types of futures futures exchange is where available The margin required to buy or sell a contracts, those that provide for information about the future value of a futures contract is a deposit of good physical delivery of a commodity or commodity or item is translated into faith money that can be drawn on by other item and those which call for cash price. In summary, futures prices are an your brokerage firm to cover losses that settlement. The month during which ever-changing barometer of supply and you may incur in the course of futures delivery or settlement is to occur is demand and in a dynamic market, the trading. It is similar to money held in an specified in the contract. Thus, a July only certainty is that prices will change. escrow account. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48627

Minimum margin requirements for a Coffee, Sugar & Cocoa Exchange, Inc., CFTC Team particular time are set by the exchange Four World Trade Center, New York, Organizational Structure on which the contract is traded. They NY 10048 are typically about 5% of the current New York Cotton Exchange, Four World Based in Washington, D.C. the value of the commodity or asset Trade Center, New York, NY 10048 Commodity Futures Trading underlying the futures contract. New York Futures Exchange, Four Commission maintains regional offices Exchanges continuously monitor market World Trade Center, New York, NY in Chicago and New York, and has conditions and risks and, as necessary, 10048 smaller offices in Kansas City, Los raise or reduce their margin Angeles, and Minneapolis. The CFTC New York Mercantile Exchange, One requirements. Individual brokerage consists of five Commissioners, Northend Avenue, World Financial firms may require higher margin appointed by the President to serve Center, New York, NY 10282 amounts from customers than the staggered five-year terms. One of the exchange-set minimums. COMEX Division Commissioners is designated by the NYMEX Division President, with the consent of the Addresses of the Commodity Exchanges Senate, to serve as Chairperson. No & Designated Self-Regulatory Registered Futures Association more than three Commissioners at any Organizations National Futures Association, 200 West one time may be from the same political Chicago Madison Street, Suite 1600, Chicago, party. Chicago Board of Trade, 141 West IL 60606 The Chairperson oversees the management of the agency and its five Jackson Boulevard, Chicago, IL 60606 CFTC Offices Chicago Mercantile Exchange, 30 South major organizational units: • Wacker Drive, Chicago, IL 60606 Headquarters, Three Lafayette Centre, Division of Economic Analysis • MidAmerica Commodity Exchange, 141 1155 21st Street, N.W., Washington, Division of Enforcement West Jackson Boulevard, Chicago, IL D.C. 20581, Telephone: 202–418–5000 • Division of Trading and Markets 60604 Eastern Regional Office, One World • Office of the General Counsel Trade Center, Suite 3747, New York, • Office of the Executive Director Kansas City NY 10048, Telephone: 212–466–2061 Staffing Kansas City Board of Trade, 4800 Main Central Regional Office, 300 South Street, Kansas City, MO 64112 Riverside Plaza, Suite 1600 North, The Commission is requesting 621 full-time equivalent staff-years, or FTEs, Minneapolis Chicago, IL 60606, Telephone: 312– 353–5990 in FY 1999. A regional staffing Minneapolis Grain Exchange, 400 South Southwestern Regional Office, 4900 distribution is shown below: Fourth Street, Minneapolis, MN Main Street, Suite 721, Kansas City, Washington, D.C. (DC) ...... 370 55415 MO 64112, Telephone: 816–931–7600 Chicago, IL (CH) ...... 131 Philadelphia New York, NY (NY) ...... 90 Sub-Office, 510 Grain Exchange Los Angeles, CA (LA) ...... 21 Philadelphia Board of Trade, 1900 Building, Minneapolis, MN 55415, Kansas City, MO (KC) ...... 7 Market Street, Philadelphia, PA 19103 Telephone: 612–370–3255 Minneapolis, MN (MN) ...... 2 Western Regional Office, Murdock New York Plaza, 10900 Wilshire Boulevard, Total Staff Years ...... 621 AMEX Commodities Corporation, 86 Suite 400, Los Angeles, CA 90024, BILLING CODE 6351±01±P Trinity Place, New York, NY 10006 Telephone: 310–235–6783

BILLING CODE 6351±01±C 48628 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Occupations The principal professional occupations at the Commission are attorney, economist, futures trading specialist and investigator, auditor and computer specialist. These professionals are assisted in their work by a wide range of administra- tive and support personnel.1

Commission Concurrence DEPARTMENT OF DEFENSE of Defense and Deputy Secretary of lllllllllllllllllllll Defense on alternatives for Office of the Secretary organizational reforms, reductions in Brooksley Born, Chairperson management overhead, and streamlined lllllllllllllllllllll Meeting of the Task Force on Defense business practices in DoD, with Joseph B. Dial, Commissioner Reform emphasis on the Office of the Secretary lllllllllllllllllllll of Defense, the Defense Agencies, the AGENCY: Department of Defense, Task John E. Tull, Jr., Commissioner Force on Defense Reform. DoD field activities, and the Military lllllllllllllllllllll Departments. Barbara Pedersen Holum, Commissioner ACTION: Notice. Notice is also hereby given for closed lllllllllllllllllllll sessions of the Task Force on Defense SUMMARY: Notice is hereby given of an Reform on September 30, and October 2, David D. Spears, Commissioner open meeting of the Task Force on 7, 9, 14, 16, 23, 28, and 30, 1997. In Defense Reform (the Task Force) on Publications and Information accordance with Section 10(d) of the October 21, 1997. One purpose of the Federal Advisory Committee Act, Public For a list of other CFTC publications meeting is to meet with representatives Law 92–463, as amended, 5 U.S.C., or for more information on the CFTC, of the Federal unions and employee Appendix II, it has been determined that associations representing federal please visit the CFTC’s home page on matters affecting national security, as employees in the Department of Defense the World Wide Web. Our address is covered by 5 U.S.C. 552b(c)(1)(1988), (DoD). In addition, time will be set aside http://www.cftc.gov. will be presented throughout the for anyone wishing to address the Task Or contact the Office of Public Affairs, meetings, and that, accordingly, these Force with ideas about streamlining, Commodity Futures Trading meetings will be closed to the public. restructuring, and reengineering of Commission at: Three Lafayette Centre, various components or elements of the Dated: September 11, 1997. 1155 21st Street, N.W., Washington, Department. A second notice containing L.M. Bynum, D.C. 20581, (202) 418–5080. meeting details about the open meeting Alternate OSD Federal Register Liaison [FR Doc. 97–24388 Filed 9–15–97; 8:45 am] will be published in early October. Officer, Department of Defense. BILLING CODE 6351±01±P The Task Force was established to [FR Doc. 97–24531 Filed 9–15–97; 8:45 am] make recommendations to the Secretary BILLING CODE 5000±04±M

1 Executives include Chairperson, Commissioners, and managers in the Senior Executive Service. Other Professionals include computer analysts, budget and finance professionals, human resource specialists, and contracting officials. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48629

DEPARTMENT OF DEFENSE Defense through the Under Secretary of ACTION: Notice of meeting. Defense for Acquisition and Technology Office of the Secretary on scientific and technical matters as SUMMARY: Pursuant to Public Law 92– they affect the perceived needs of the 463, notice is hereby given of the next Defense Science Board Task Force on Department of Defense. At these meeting of the Armament Retooling and Year 2000 meetings the Task Force will address Manufacturing Support (ARMS) Public/ the U.S. ability to deter and prevent the Private Task Force (PPTF). The PPTF is ACTION: Notice of advisory committee chartered to develop new and meetings effective use of weapons of mass destruction against U.S. territory, forces, innovative methods to maintain the SUMMARY: The Defense Science Board and allies. government-owned, contractor-operated Task Force on Year 2000 will meet in In accordance with Section 10(d) of ammunition industrial base and retain closed session on October 16–17, and the Federal Advisory Committee Act, critical skills for a national emergency. November 6–7, 1997 at Science Public Law 92–463, as amended (5 This meeting will update attendees on Applications International Corporation, U.S.C. App. II, (1994)), it has been the status of ongoing actions with 4001 N. Fairfax Drive, Arlington, determined that these DSB Task Force decisions being made to close out or Virginia. meetings concern matters listed in 5 continue these actions. Topics for this The mission of the Defense Science U.S.C. 552b(c)(1) (1994), and that meeting include ARMS Program Board is to advise the Secretary of accordingly these meetings will be Update, Future Funding, Program Defense through the Under Secretary of closed to the public. Continuance, and Production Base Assessment. This meeting is open to the Defense for Acquisition and Technology Dated: September 11, 1997. on scientific and technical matters as public. L.M. Bynum, they affect the perceived needs of the Date of Meeting: October 16, 1997. Department of Defense. At these Alternate OSD Federal Register Liaison Place: Washington Hilton Hotel, 1919 Officer, Department of Defense. meetings the Task Force will determine Connecticut Avenue, NW, Washington, if the priorities assigned, resources [FR Doc. 97–24529 Filed 9–15–97; 8:45 am] DC 20009. Time: 8 am–5 pm. allocated and funding strategy used to BILLING CODE 5000±04±M implement and Department’s Y2K five FOR FURTHER INFORMATION CONTACT: Mr. Elwood H. Weber, ARMS Task phase process are sufficient to ensure all DEPARTMENT OF DEFENSE mission critical systems will function Force, HQ Army Materiel Command, 5001 Eisenhower Avenue, Alexandria, properly on, before and after January 1, Office of the Secretary 2000. Virginia 22333; phone (703) 617–9788. In accordance with Section 10(d) of Defense Science Board Task Force on SUPPLEMENTARY INFORMATION: the Federal Advisory Committee Act, Open Systems Participants are encouraged to make Public Law 92–463, as amended (5 reservations immediately by calling U.S.C. App. II, (1994)), it has been ACTION: Notice of Advisory Committee (202) 483–3000 and mentioning the determined that these DSB Task Force meeting. ARMS Conference to obtain the meetings concern matters listed in 5 negotiated rate of $130.00. The Metro SUMMARY: The Defense Science Board U.S.C. 552b(c)(1) (1994), and that Stop for this hotel is Dupont Circle. Task Force on Open Systems will meet Request you contact Donna Ponce on accordingly these meetings will be in open session on October 9, 1997 at closed to the public. the ARMS Team; phone (309) 782–4535, Strategic Analysis, Inc., 4001 N. Fairfax if you will be attending the meeting, so Dated: September 11, 1997. Drive, Arlington, Virginia. that our roster of attendees is accurate. L. M. Bynum, The mission of the Defense Science This number may also be used if other Alternate OSD Federal Register Liaison Board is to advise the Secretary of assistance regarding the ARMS meeting Officer, Department of Defense. Defense and the Under Secretary of is required. [FR Doc. 97–24528 Filed 9–15–97; 8:45 am] Defense for Acquisition on scientific Mary V. Yonts, BILLING CODE 5000±04±M and technical matters as they affect the perceived needs of the Department of Alernate Army Federal Register Liaison Defense. Officer. DEPARTMENT OF DEFENSE Persons interested in further [FR Doc. 97–24576 Filed 9–15–97; 8:45 am] information should call Ms. Marya BILLING CODE 3710±08±M Office of the Secretary Bavis at (703) 527–5410. Defense Science Board Task Force on Dated: September 11, 1997. DEPARTMENT OF DEFENSE Nuclear Deterrence; Meeting L.M. Bynum, Alternate OSD Federal Register Liaison Department of the Army ACTION: Notice of Advisory Committee Officer, Department of Defense. meetings. [FR Doc. 97–24532 Filed 9–15–97; 8:45 am] Performance Review Boards; Membership SUMMARY: The Defense Science Board BILLING CODE 5000±04±M Task Force on Nuclear Deterrence will AGENCY: Department of the Army, DoD. meet in closed session on September 29, ACTION: Notice. at Headquarters, STRATCOM, Offutt DEPARTMENT OF DEFENSE AFB, Nebraska; on October 15–17, at SUMMARY: Notice is given of the names Department of the Army Los Alamos National Laboratory, of members of a Performance Review Board for the Department of the Army. Albuquerque, New Mexico; and on Armament Retooling and EFFECTIVE DATE: November 18–19, 1997, at SAIC, 4001 Manufacturing Support (ARMS) Public/ August 1, 1997. N. Fairfax Drive, Arlington, Virginia. Private Task Force (PPTF); Meeting FOR FURTHER INFORMATION CONTACT: The mission of the Defense Science David Stokes, U.S. Army Senior Board is to advise the Secretary of AGENCY: Department of the Army, DOD. Executive Service Office, Assistant 48630 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Secretary of the Army, Manpower & DEPARTMENT OF DEFENSE Mr. Clifton B. McFarland, Jr., Director Reserve Affairs, 111 Army, Washington, for Weapons Effects DC 20310–0111. Office of the Secretary Dr. Michael J. Shore, Chief, Special Programs Office SUPPLEMENTARY INFORMATION: Section Membership of the Defense Special Mr. Robert C. Webb, Chief, Electronics 4314(c) (1) through (5) of Title 5, U.S.C., Weapons Performance Review Board Technology Division requires each agency to establish, in AGENCY: Dated: September 11, 1997. accordance with regulations, one or Defense Special Weapons Agency, DoD. L.M. Bynum, more Senior Executive Service performance review boards. The boards ACTION: Notice of membership of the Alternate OSD Federal Register Liaison Officer, Department of Defense. shall review and evaluate the initial Defense Special Weapons Agency [FR Doc. 97–24530 Filed 9–15–97; 8:45 am] appraisal of senior executives’ Performance Review Board. BILLING CODE 5000±04±M performance by supervisors and make SUMMARY: This notice announces the recommendations to the appointing appointment of the members of the authority or rating official relative to the Performance Review Board (PRB) of the DEPARTMENT OF DEFENSE performance of these executives. Defense Special Weapons Agency. The The members of the Performance publication of PRB membership is Department of the Army required by 5 U.S.C. 4314(c)((4). The Review Board for the Office of the Corps of Engineers Secretary of the Army are: Performance Review Board shall provide fair and impartial review of Intent To Prepare A Draft 1. Ms. Alma B. Moore, Office of the Senior Executive Service performance Assistant Secretary of the Army Environmental Impact Statement appraisals and make recommendations (DEIS) for the Proposed Avila Beach (Installations, Logistics and regarding performance and performance Environment). Remediation Plan in San Luis Obispo awards to the Director, Defense Special County, CA 2. Dr. A. Michael Andrews II, Office Weapons Agency. of the Assistant Secretary of the Army, EFFECTIVE DATE: The effective date of AGENCY: U.S. Army Corps of Engineers, (Research, Development and service for the appointees of the DSWA DoD. Acquisition). PRB is on or about October 22, 1997. ACTION: Notice of intent. 3. Mr. C.A. Arigo, Army Audit Agency FOR FURTHER INFORMATION CONTACT: SUMMARY: Pursuant to Section 102(2)(c) (AAA). D. DIAL–ALFRED, Civilian Personnel of the National Environmental Policy Management Division (MPC), (703) 325– 4. Mr. David Borland, Office of the Act of 1969 (NEPA) as implemented by 1106, Defense Special Weapons Agency, Director of Information Systems for the regulations of the Council on Alexandria, Virginia, 22310–3398. Command, Control, Communications, Environmental Quality (CEQ), 40 CFR and Computers. SUPPLEMENTARY INFORMATION: The 1500–1508, Corps of Engineers names and titles of the members of the announces its intent to prepare a Draft 5. Mr. Steven Dola, Office of the DSWA PRB are set forth below. All are Environmental Impact Statement (DEIS) Assistant Secretary of the Army (Civil DSWA officials unless otherwise to evaluate the potential effects of the Works). identified: proposed Avila Beach Remediation Plan 6. Ms. Sheila Clarke McCready, Office Dr. George W. Ullrich, Deputy Director on the environment. To eliminate of the Chief of Legislative Liaison. Mrs. Joan Ma Pierre, Director for duplication of paperwork, the Corps of 7. Ms. Tracey L. Pinson, Office of Electronics and Systems Engineers intends on combining the Small and Disadvantaged Business Dr. Leon A Wittwer, Chief Weapons DEIS with the existing Draft Utilization. Lethality Division Environmental Impact Report (DEIR) Dr. Richard Burke, Director, Operations, prepared by the County of San Luis 8. Mr. Matt Reres, Office of General Analysis & Procurement Planning Obispo and California Regional Water Counsel. Division, Office of the Secretary of Quality Control Board per 40 CFR 9. Ms. Carol Ashby Smith, Office of Defense 1560.2 and 1506.4. the Assistant Secretary of the Army Ms. Lisa Bronson, Director, NATO FOR FURTHER INFORMATION CONTACT: (Manpower and Reserve Affairs). Policy, Under Secretary of Defense for Any questions regarding the proposed Policy, Office of the Secretary of 10. Mr. Robert W. Young, Office of the action and/or issuance of the DEIS may Defense Assistant Secretary of the Army be directed to: Ms. Tiffany Welch, (805) (Financial Management and Controller). The following DSWA officials will 641–2935, Regulatory Branch, U.S. serve as alternate members of the DSWA Army Corps of Engineers, 2151 11. Mr. Walter W. Hollis (Alternate), PRB, as appropriate. Alessandro Drive, Suite 255, Ventura, Office of the Deputy Under Secretary of Mr. Robert L. Brittigan, General Counsel California 93001 (e mail: the Army (Operations Research). Mr. Frederick S. Celec, Deputy Assistant [email protected]). 12. Ms. Jane I. Matthias (Alternate), to the Secretary of Defense (Nuclear SUPPLEMENTARY INFORMATION: Office of the Assistant Secretary of Matters). Defense (Legislative Affairs). Mr. Michael K. Evenson, Deputy 1. Background 13. Mr. Francis E. Reardon Director, Operations Directorate Union Oil of California (UNOCAL) (Alternate), AAA. Mr. David G. Freeman, Director, has spilled petroleum products, Acquisition Management Office including gasoline, diesel and crude oil, Gregory D. Showalter, Dr. Kent L. Goering, Chief, Hard Target to soil and ground water beneath the Army Federal Register Liaison Officer. Defeat Program Office beach and intertidal area of Avila Beach. [FR Doc. 97–24574 Filed 9–15–97; 8:45 am] Mr. Richard L. Gullickson, Chief, The beach plume runs from Avila BILLING CODE 3710±08±M Simulation and Test Division Beach Drive to about even with San Luis Dr. Don A. Linger, Director for Programs Street with an additional area off of San Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48631

Antonio Street. Contamination has been sedimentation, noise, transportation, Proposed Agenda identified at depths ranging from 0.5 aesthetics and socioeconomics. The 66th meeting of the Coastal feet at the west end of the beach to 25 c. Coordination will be undertaken Engineering Research Board meeting feet near the pier. The highest with the U.S. Environmental Protection will be hosted by the U.S. Army concentration level observed in a Agency, U.S. Fish and Wildlife Service, Engineer Division, North Atlantic, and sample has been 61,000 parts per California Department of Fish and the U.S. Army Engineer District, New million (ppm) located near the pier at Game, California Regional Water York. The Board members will tour the about the high tide line at a depth of Quality Control Board, and the coastal areas of New York and New 11.5 feet. The average total recoverable California Coastal Commission. Jersey on October 16. The Board will hydrocarbon (TPH) value is 6. Scoping Meetings then go into Executive Session at the approximately 4,100 ppm at an average District office the afternoon of October depth of 10 feet. The highest benzene, A scoping meeting will be held on 16, 1997. On October 17, the civilian toluene, ethylbenzene, and xylene October 7, 1997 from 6–8 p.m. to assess members of the Board will hear (BTEX) value observed has been 760 preliminary issues relative to planning study presentations including ppm, located down from San Francisco UNOCAL’s proposed remediation plan. Atlantic Coast of New York Monitoring Street at a depth of 13.5 feet. The scoping meeting will be held on the Program, South Shore of Staten Island, The intertidal plume extends seaward top floor of the Community Center, 191 and Fire Island Inlet to Montauk Point along the pier to at least a distance of San Miguel Street, Avila Beach. Reformulation Study; project design 400 feet south of Front Street with TPH Participation in the scoping meeting by presentations including Long Beach concentrations as high as 63,000 ppm. Federal, state, and local agencies, and Feasibility Design, West of Shinnecock The seaward extent of this plume has other interested private citizens and Inlet Interim Design, and Fire Island not been determined. This part of the organizations is encouraged. Interim Design; Shinnecock Inlet Design plume is covered with water except for 7. DEIS Schedule and Construction; projects in periods with extremely low tides during construction including Rockaway The current schedule estimates that full and new moons. Beach, Coney Island, Westhampton, and the DEIS will be available for public Sea Bright to Manasquan; nourishment 2. Proposed Action review and comment in November 1997. issues/sand resources; and environment UNOCAL has applied to the Corps of Robert L. Davis, Engineers (Corps) for a Department of concerns. Colonel, Corps of Engineers, District Engineer. This meeting is open to the public, the Army permit to conduct remediation [FR Doc. 97–24573 Filed 9–15–97; 8:45 am] but since seating capacity is limited, activities oceanward of the high tide BILLING CODE 3710±KF±M advance notice of intent to attend, line (7.2 feet Mean Lower Low Water) at although not required, is requested in Avila Beach. Current activities that lie order to assure adequate arrangements within the Corps’ regulatory jurisdiction DEPARTMENT OF DEFENSE for those wishing to attend. include the installation of wave energy dissipator cofferdams, solidification of Department of the Army James R. Houston, hydrocarbon and hydrocarbon-affected Acting Executive Secretary. sediment underlying the East Beach Corps of Engineers [FR Doc. 97–24577 Filed 9–15–97; 8:45 am] area, and no action for contamination in BILLING CODE 3710±PU±M Coastal Engineering Research Board the intertidal zone. (CERB) 3. Scope of Analysis DEPARTMENT OF DEFENSE AGENCY: U.S. Army Corps of Engineers, The scope of analysis of the DEIS DoD. includes the entire Avila Beach area, Department of the Army ACTION: Notice of meeting. intertidal zone, and San Luis Obispo Corps of Engineers Creek estuary located in the community SUMMARY: In accordance with Section of Avila Beach, San Luis Obispo 10(a)(2) of the Federal Advisory Grant of Exclusive License County, California. Committee Act (Pub. L. 92–463), AGENCY: U.S. Army Corps of Engineers. announcement is made of the following 4. Alternatives ACTION: Notice. committee meeting: The following alternative remedial Name of Committee: Coastal technologies, and combinations thereof, SUMMARY: The Department of the Army, Engineering Research Board (CERB). are being considered: (1) No action; (2) U.S. Army Corps of Engineers, Dates of Meeting: October 16–17, Excavation; (3) Steam Stripping; and (4) announces the general availability of 1997. Oxygen/Nutrient Delivery. exclusive, or partially exclusive licenses Place: New York, New York. under the following patents. Any 5. Scoping Process Time: 9:30 a.m. to 5:00 p.m. (October license granted shall comply with 35 a. Federal, State, and local agencies 16, 1997); 8:30 a.m. to 5:00 p.m. U.S.C. 209 and 37 CFR Part 404. and other interested private citizens and (October 17, 1997) Patent No.: 5,567,078. organizations are encouraged to send FOR FURTHER INFORMATION CONTACT: Title: Method for Forming a Sloped their written comments to Ms. Tiffany Inquiries and notice of intent to attend Face Ice Control Surface. Welch at the address provided above. the meeting may be addressed to Dr. Issue Date: 10/22/96. This scoping comment period will James R. Houston, Acting Executive Patent No.: 5,567,950. expire 30 days from this date of this Secretary, Coastal Engineering Research Title: Bispectral Lane Marker. notice. Board, U.S. Army Engineer Waterways Issue Date: 10/22/96. b. Significant issues to be analyzed in Experiment Station, 3909 Halls Ferry Patent No.: 5,585,799. depth in the DEIS include biological Road, Vicksburg, Mississippi 39180– Title: Microwave Doppler Radar resources, surface and ground water 6199. Phone: (601) 634–2000. System for Detection and Kinematic quality, air quality, recreation, erosion/ SUPPLEMENTARY INFORMATION: Measurements of River Ice. 48632 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Issue Date: 12/17/96. ADDRESSES: Humphreys Engineer Center subjected to a temperature change below Patent No.: 5,588,783. Support Activity, Office of Counsel, the equilibrium melting temperature of Title: Soil Reinforcement with 7701 Telegraph Road, Alexandria, the bulk material. Adhesive-Coated Fibers. Virginia 22315–3860. USP 5,614,659 is a device for Issue Date: 12/31/96. DATES: Applications for an exclusive or accurately and repeatedly measuring pore-air pressure in the vicinity of an Patent No.: 5,595,561. partially exclusive license may be explosive blast through the use of a Title: Low-Temperature Method for submitted at any time from the date of shock resistant housing containing a Containing Thermally Degradable this notice. However, no exclusive or partially exclusive license shall be plurality of pressure sensing ports, with Hazardous Wastes. a filter mounted in each port and a Issue Date: 1/21/97. granted until 90 days from the date of this notice. sensor within the housing for sensing Patent No.: 5,601,906. the air pressure at each of the ports. FOR FURTHER INFORMATION CONTACT: Title: Geosynthetic Barrier to Prevent USP 5,614,893 is a device for Access to Contaminated Sediments. Patricia L. Howland, (703) 428–6672 or obtaining collecting, and transmitting Issue Date: 2/11/97. Alease J. Berry, (703) 428–8160. data indicative of the electromagnetic Patent No.: 5,605,570. SUPPLEMENTARY INFORMATION: USP properties of the surrounding earth Title: Alkali-Activated Glassy Silicate 5,567,078 is a method of controlling a which can be used to monitor the Foamed Concrete. breakup ice run without interfering with structural integrity of earthen works, Issue Date: 2/25/97. the natural river flow, thus reducing the such as leavees, to determine the possibility of flooding caused by the Patent No.: 5,605,744. movement of contaminants through a breakup of river ice. ground area, to determine contaminants Title: Laminated Paper Glass USP 5,567,950 is a passive, rigid, Camouflage. in landfills, dredge materials, or durable, and inexpensive lane marker groundwater, or to detect the movement Issue Date: 2/25/97. device that allows for remote Patent No.: 5,609,418. of heavy equipment over the ground. observations of visual and infrared USP 5,624,492 is a method of slowing Title: Clapeyron Thermometer. electromagnetic signatures. down the hardening of cement without Issue Date: 3/11/97. USP 5,585,799 is a system, unaffected using chemical retarders by heat treating Patent No.: 5,614,659. by darkness or low visibility conditions, the cement to form an amorphous, Title: Pore-Air Pressure Measurement for detecting river ice motions and glassy shell on the outside of the cement Device for Use in High Shock determining river ice kinematic particles. Environments. measurements without the need for a USP 5,634,742 is a new type of Issue Date: 3/25/97. human observer. bulkhead for use in the repair and Patent No.: 5,614,893. USP 5,588,783 is an improved method maintenance of dam gates which can Title: Ground Condition Monitor. of soil stabilization utilizing a variety of easily be assembled and floated into Issue Date: 3/25/97. natural or synthetic fibers and adhesive position adjacent to a dam gate. Patent No.: 5,624,492. coating for use in such things as berms USP 5,635,710 is an improved device Title: Heat Treatment in the Control of or embankments. for measuring radiation in subsurface USP 5,595,561 is a method of the Setting of Cement. formations by utilizing a detachable producing a concrete wasteform with an Issue Date: 4/29/97. sleeve to strengthen and protect the aggregate comprised of pellets formed sensor probe, and once the probe has Patent No.: 5,634,742. from a waste-polymer mixture which been inserted into the subsurface, the Title: Bulkhead for and Method for are treated with an epoxy coating and a detachable sleeve allows for more Dry Isolation of Dam Gates. silicate-based powder. accurate measurement of radiation Issue Date: 6/3/97. USP 5,601,906 is a method and levels. Patent No.: 5,635,710. apparatus to prevent wildlife from USP 5,639,195 is a novel fastener Title: Subsurface Penetrometer ingesting contaminated sediments in which can be used either to fasten Radiation Sensor Probe and System. wetlands and other areas where the parallel spaced panels together and Issue Date: 6/3/97. sediment forms part of the natural maintaining a predetermined spacing Patent No.: 5,639,195. setting for the wildlife, avoiding the between panels, or to fasten panels Title: Helical Panel Fasteners. destruction or alteration of the natural parallel to walls while maintaining a Issue Date: 6/17/97. habitat, or the construction of landfill predetermined space between the panel Patent No.: 5,644,314. liners or caps. and the wall. Title: Portable Geophysical System USP 5,605,570 is a composition and USP 5,644,314 is a portable ground Using an Inverse Collocation-Type method of utilizing blast-furnace slag penetrating high resolution radar system Methodology. waste products or other metallurgical that can perform target and media Issue Date: 7/1/97. slags, sodium peroxide, and water to identification in real-time utilizing a produce a foamed concrete that is Patent No.: 5,657,927. digitally controlled phase shifter. strong, lightweight, and which hardens USP 5,647,927 is an automated Title: Central Tire Inflation Controller and gains strength rapidly. system which adjusts the air pressure in Issue Date: 7/15/97. USP 5,605,744 is a material and the tires of a vehicle to optimize fuel Patent No.: 5,648,724. method of composing rigid composite consumption, tire wear, and road Title: Metallic Time-Domain laminates of paper and fibrous glass deterioration. Reflectometry Roof Moisture Sensor. layers for use in camouflage, USP 5,648,724 is an apparatus for Issue Date: 7/15/97. concealment and deception. detecting the presence, location, and Patent No. 5,651,200. USP 5,609,418 is a high resolution extent of moisture in a roof by Title: Debris Exclusion Devices for an solid/liquid, pressure responsive transmitting an electrical pulse through Augerhead Type Hydraulic Dredge thermometer which measures the large a transmission line embedded in the System. pressure changes which result when a roof and using a signal analyzer to Issue Date: 7/29/97. mixture of a liquid and its solid are interpret the transmitted pulses. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48633

USP 5,651,200 is an improved small changes to the record systems being completing required action or in augerhead type dredge system which amended are set forth below followed preparing a response. reduces clogging of the system’s pump by the notices, as amended, published CATEGORIES OF RECORDS IN THE SYSTEM: impeller intake eye by utilizing a cutter/ in their entirety. grate device to prevent ingestion of Dated: September 11, 1997. Files contain information pertaining debris into the system’s pump by to identification; prior service; location cutting up vegetation and excluding L. M. Bynum, and addresses; decedent affairs; military honors at funerals; recovery of remains; debris prior to entry into the pump’s Alternate OSD Federal Register Liaison impeller eye, and, by utilizing a Officer, Department of Defense. casualty notification; condolence letters transition box structure behind the to next of kin; transportation, passports augerhead that has a back-flush and a MMN00010 and visas for next of kin of casualties medically warranted overseas; missing manual clean-out box. SYSTEM NAME: Applications for an exclusive or persons; prisoners of war; reserve Personnel Services Working Files disability benefits; casualty statistics; partially exclusive license should (February 22, 1993, 58 FR 10664). contain the information set forth in 37 certification of eligibility for award of CFR Part 404.8. Applications will be CHANGES: Purple Heart Medal; death benefits and annuity payments; Official reports of evaluated utilizing the following * * * * * criteria: (1) Ability to manufacture and casualty; certification of life insurance market the technology; (2) PURPOSE: coverage; investigative reports; travel of Manufacturing and marketing Delete the last four words in the entry dependents; reports and death capability; (3) Time required to bring and replace with a period and add the certificates substantiating casualty technology to market and production following sentence ‘Key Volunteer status; intelligence reports concerning rate; (4) Royalties; (5) Technical Network (KVN) personnel or Chaplains missing and captured members; prior capabilities; and, (6) Small Business will use this information to contact the and present marital status; dissolution status. next of kin on family matters, to include of prior marriages; birth, marriage and death certificates; adopting of children; Gregory D. Showalter, decedent affairs.’ * * * * * financial responsibility; child support; Army Federal Register Liaison Officer. claims of non-support; personal health [FR Doc. 97–24575 Filed 9–15–97; 8:45 am] RECORD SOURCE CATEGORIES: and welfare reports; alien marriages; BILLING CODE 3710±92±M In line one, delete the words ‘Marine conduct and personal history as it Corps Manpower Management System; pertains to marriage and its responsibilities; medical information; DEPARTMENT OF DEFENSE Joint Uniform Military Pay System’ and replace with ‘Marine Corps Total Force garnishment of pay; powers of attorney; Department of the Navy System’. personal financial records; police and * * * * * fire reports; records of emergency data; Privacy Act of 1974; System of medical care; use of exchanges, Records MMN00010 commissaries and theaters; recovery of invalid dependent identification and SYSTEM NAME: AGENCY: Marine Corps, Department of privilege cards; correction of naval the Navy, DOD.. Personnel Services Working Files. records; defense related employment; ACTION: Amend a record system. SYSTEM LOCATION: veterans rights, benefits and privileges; SUMMARY: The U.S. Marine Corps All Marine Corps activities. U.S. awards, recommendations and/or proposes to amend a system of records Marine Corps official mailing addresses issuances; Survivor Benefit Plan; in its inventory of record systems are incorporated into the Department of preseparation counseling; civil subject to the Privacy Act of 1974 (5 the Navy’s address directory, published readjustment; Retired Serviceman’s U.S.C. 552a), as amended. as an appendix to the Navy’s Family Protection Plan; residence; basic DATES: The amendment will be effective compilation of systems of records allowance for quarters; leave and September 16, 1997. notices. liberty; financial assistance; extensions ADDRESSES: Send comments to the of emergency leave; in service FHA Head, FOIA and Privacy Act Section, CATEGORIES OF INDIVIDUALS COVERED BY THE mortgage insurance loans; Headquarters, U.S. Marine Corps, 2 SYSTEM: reimbursement for damage to or loss of Navy Annex, Washington, DC 20380– Members and former members of the personal property; transportation of 1775. Marine Corps and Marine Corps household goods; claims against the FOR FURTHER INFORMATION CONTACT: Ms. Reserve; permanently and temporarily government; lost, damaged or B. L. Thompson at (703) 614–4008 or retired members of the Marine Corps abandoned property; medical bills; DSN 224–4008. and Marine Corps Reserve; members of determinations of dependency status; SUPPLEMENTARY INFORMATION: The U.S. the Fleet Marine Corps Reserve; Federal claims against commercial carriers, Marine Corps record system notices for civil service employees of the Marines insurers, and contractors; dependent records systems subject to the Privacy Corps; and dependents, survivors or identification and privilege cards; Act of 1974 (5 U.S.C. 552a), as amended, appointed agents of the foregoing. Some official correspondence (including have been published in the Federal information about dependents and other correspondence from Marines, their Register and are available from the members of families or former families families, attorneys, doctors, lawyers, address above. of Marine Corps personnel may be clergymen, administrators/executors/ The proposed amendments are not included in files pertaining to the guardians of estates, American Red within the purview of subsection (r) of Marine. Inquiries from the general Cross and other welfare agencies and the Privacy Act (5 U.S.C. 552a), as public, whether addressed directly to the general public, whether addressed amended, which would require the HQMC or received via a third party, directly to the Marine Corps or via third submission of a new or altered system may be retained together with parties); internal routing and processing report for each system. The specific information obtained in the course of or personal affairs matters; and records 48634 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices of interviews and telephonic RETENTION AND DISPOSAL: RECORD ACCESS PROCEDURES: conversations. Files are retained for differing lengths Individuals seeking access to of time, depending upon the purpose of information about themselves contained AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the information contained therein. in this system should address written 5 U.S.C. 301, Departmental Death benefit data are retained for five inquiries to the Commandant of the Regulations; 10 U.S.C. 1071–1087, years and then destroyed; records of Marine Corps (Code M&RA), 1441–1442, 1444–1455, 1475–1488, emergency data are retained until the Headquarters, U.S. Marine Corps, 2771; 37 U.S.C. 401, 551, et.seq.; 38 Marine’s death or separation from active Washington, DC 20380–1775. U.S.C. 4301–4307; and E.O. 11016. duty or active reserves; Department of Telephone (703) 614–2558. PURPOSE(S): Defense Reports of Casualty are retained CONTESTING RECORD PROCEDURES: To provide a record for use in the for such period as deemed necessary, administration of programs concerning and then transferred to the Historical The USMC rules for contesting the personal welfare of Marines and Division, Headquarters, U.S. Marine contents and appealing initial agency their dependents and/or survivors. Key Corps; casualty statistics and rosters, determinations are published in Volunteer Network (KVN) personnel or and statistical reports are retained for Secretary of the Navy Instruction Chaplains will use this information to such period as deemed necessary and 5211.5; Marine Corps Order P5211.2; 32 contact the next of kin on family then transferred to Historical Division, CFR part 701; or may be obtained from matters, to include decedent affairs. Headquarters, U. S. Marine Corps or the system manager. destroyed as deemed appropriate; RECORD SOURCE CATEGORIES: ROUTINE USES OF RECORDS MAINTAINED IN THE missing and captured personnel data SYSTEM, INCLUDING CATEGORIES OF USERS AND and unusual miscellaneous casualty Marine Corps Manpower Management THE PURPOSES OF SUCH USES: topic data are retained for such period System; Joint Uniform Military Pay In addition to those disclosures as deemed necessary and then System; Marine Corps Military generally permitted under 5 U.S.C. destroyed; files concerning dependency Personnel Records System; Marine 552a(b) of the Privacy Act, these records determination are retained for one year Corps Deserter Inquiry File; Staff or information contained therein may and then destroyed; files concerning agencies and subdivisions of specifically be disclosed outside the veterans rights, benefits and privileges Headquarters, U.S. Marine Corps; DoD as a routine use pursuant to 5 are retained indefinitely or until the Marine Corps commands and U.S.C. 552a(b)(3) as follows: organizations; Other agencies of federal, Records are used by intelligence and member and all eligible survivors are deceased; files concerning correction of state, and local governments; other government agencies assisting in Educational institutions; Medical the investigation of circumstances of naval records are destroyed upon completion of action; files regarding reports and psychiatric evaluations; casualty and in accounting for Financial institutions and other personnel who are deceased (body not adjudication of claims against the government are retained for six months commercial enterprises; Civil courts and recovered), missing, captured, or law enforcement agencies; detained. and then destroyed; files containing information which could be considered Correspondence and telephone calls The ‘Blanket Routine Uses’ set forth at from private citizens initiated directly to the beginning of the Marine Corp’s to be derogatory nature are disposed of as directed by competent authority; all the Marine Corps or via the U.S. compilation of systems of records Congress and other agencies; notices apply to this system. other files are retained for three years and then destroyed. Investigative reports; American Red POLICIES AND PRACTICES FOR STORING, Cross and similar welfare agencies; RETRIEVING, ACCESSING, RETAINING, AND SYSTEM MANAGER(S) AND ADDRESS: Department of Veterans Affairs. DISPOSING OF RECORDS IN THE SYSTEM: Commandant of the Marine Corps, EXEMPTIONS CLAIMED FOR THE SYSTEM: STORAGE: Headquarters, U.S. Marine Corps (M&RA), Washington, DC 20380–1775. None. Paper records in file folders, vertical [FR Doc. 97–24533 Filed 9–15–97; 8:45 am] strip files, microfiche and card files NOTIFICATION PROCEDURE : BILLING CODE 5000±04±F stored in filing cabinets, shelves, tables Individuals seeking to determine and desks. whether information about themselves RETRIEVABILITY: is contained in this system should DEPARTMENT OF EDUCATION Files are accessed and retrieved by address written inquiries to the subject matter and by individual. Commandant of the Marine Corps (Code Notice of Proposed Information Identification of individual is by name M&RA), Headquarters, U.S. Marine Collection Requests or Social Security Number. Corps, Washington, DC 20380–1775. Telephone (703) 614–2558. AGENCY: Department of Education. SAFEGUARDS: Correspondence should contain the ACTION: Proposed collection; comment Building is located in controlled full name, Social Security Number and request. access area with security guards on 24 signature of the requester. The hour duty. Access to information individual may visit the above location SUMMARY: The Director, Deputy Chief contained in the files is limited to for review of files. Proof of Information Officer, Office of the Chief Officials and employees of identification may consist of the active, Information Officer, invites comments Headquarters, U.S. Marine Corps acting reserve, retired or dependent on the proposed information collection in their official capacity upon identification card, the Armed Forces requests as required by the Paperwork demonstration of a need-to-know basis. Report of Transfer or Discharge (DD Reduction Act of 1995. Records held by field activities are Form 214), discharge certificate, driver’s DATES: Interested persons are invited to maintained in areas accessible only to license, social security card, or by submit comments on or before authorized personnel that are properly providing such other data sufficient to November 17, 1997. screened, cleared and trained. Locked ensure the individual is the subject of ADDRESSES: Written comments and and/or guarded offices. the inquiry. requests for copies of the proposed Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48635 information collection requests should Dated: September 10, 1997. respondents are State Vocational be addressed to Patrick J. Sherrill, Gloria Parker, Rehabilitation Agencies. Department of Education, 600 Deputy Chief Information Officer, Office of Office of Postsecondary Education Independence Avenue, S.W., Room the Chief Information Officer. Type of Review: New. 5624, Regional Office Building 3, Office of the Chief Financial Officer Washington, DC 20202–4651. Title: Controlling the Cost of Title: Streamlined Clearance Process Postsecondary Education. FOR FURTHER INFORMATION CONTACT: for Discretionary Grant Information Frequency: Annually. Patrick J. Sherrill (202) 708–8196. Collections. Affected Public: Not-for-profit Individuals who use a Frequency: Annually. institutions; State, local and Tribal telecommunications device for the deaf Affected Public: Individuals or Gov’t, SEAs and LEAs. (TDD) may call the Federal Information households; business or other for-profit; Annual Reporting and Recordkeeping Relay Service (FIRS) at 1–800–877–8339 not-for-profit institutions; State, local or Hour Burden: between 8 a.m. and 8 p.m., Eastern time, Tribal Gov’t, SEAs or LEAs. Responses: 75. Monday through Friday. Annual Reporting and Recordkeeping Burden Hours: 1,500. Hour Burden: Abstract: This first time application SUPPLEMENTARY INFORMATION: Section Responses: 1. package provides information and forms 3506 of the Paperwork Reduction Act of Burden Hours: 1. for those wishing to apply for grants that 1995 (44 U.S.C. Chapter 35) requires Abstract: This information collection demonstrate projects addressing issues that the Office of Management and plan provides the U.S. Department of of cost control at postsecondary Budget (OMB) provide interested Education with the option of submitting institutions. Federal agencies and the public an early its discretionary grant information [FR Doc. 97–24464 Filed 9–15–97; 8:45 am] opportunity to comment on information collections through a streamlined collection requests. OMB may amend or Paperwork Reduction Act clearance BILLING CODE 4000±01±P waive the requirement for public process. This streamlined clearance process will begin when the Department consultation to the extent that public DEPARTMENT OF EDUCATION participation in the approval process submits the information collection to would defeat the purpose of the the Office of Management and Budget Submission for OMB Review; information collection, violate State or (OMB) and, at the same time, publishes Comment Request Federal law, or substantially interfere a 30-day public comment period notice in the Federal Register. OMB will then AGENCY: Department of Education. with any agency’s ability to perform its have 60 days after the public comment statutory obligations. The Deputy Chief ACTION: Submission for OMB review; period begins to reach a decision on the Information Officer, Office of the Chief comment request. information collection. Information Officer, publishes this SUMMARY: The Deputy Chief Information notice containing proposed information Office of Special Education and Officer, Office of the Chief Information collection requests prior to submission Rehabilitative Services Officer, invites comments on the of these requests to OMB. Each Type of Review: Reinstatement. submission for OMB review as required proposed information collection, Title: Annual Report of Independent by the Paperwork Reduction Act of grouped by office, contains the Living Services for Older Individuals 1995. following: (1) Type of review requested, who are Blind. DATES: Interested persons are invited to e.g., new, revision, extension, existing Frequency: Annually. submit comments on or before October or reinstatement; (2) Title; (3) Summary Affected Public: Individuals or 16, 1997. households; State, local or Tribal Gov’t, of the collection; (4) Description of the ADDRESSES: Written comments should SEAs or LEAs. need for, and proposed use of, the be addressed to the Office of Annual Reporting and Recordkeeping information; (5) Respondents and Information and Regulatory Affairs, Hour Burden: frequency of collection; and (6) Attention: Dan Chenok, Desk Officer, Reporting and/or Recordkeeping Responses: 55. Burden Hours: 440. Department of Education, Office of burden. OMB invites public comment at Abstract: Section 752(I)(2)(A) of the Management and Budget, 725 17th the address specified above. Copies of Rehabilitation Act Amendments of 1992 Street, NW., Room 10235, New the requests are available from Patrick J. (Attachment A) requires each grantee Executive Office Building, Washington, Sherrill at the address specified above. under this program to submit an annual DC 20503. Requests for copies of the The Department of Education is report to the Commissioner of the proposed information collection especially interested in public comment Rehabilitation Services Administration requests should be addressed to Patrick J. Sherrill, Department of Education, 600 addressing the following issues: (1) Is (RSA) on essential demographic, service Independence Avenue, S.W., Room this collection necessary to the proper and outcome information. The 5624, Regional Office Building 3, functions of the Department, (2) will information collected by RSA will be Washington, DC 20202–4651. this information be processed and used used to evaluate the program, including FOR FURTHER INFORMATION CONTACT: in a timely manner, (3) is the estimate the new Government Performance and Patrick J. Sherrill (202) 708–8196. of burden accurate, (4) how might the Results Act (GEPRA) requirements, and Individuals who use a Department enhance the quality, utility, make recommendations to Congress. It telecommunications device for the deaf and clarity of the information to be provides RSA with a uniform and efficient method of monitoring the (TDD) may call the Federal Information collected, and (5) how might the Relay Service (FIRS) at 1–800–877–8339 Department minimize the burden of this program for compliance with statutory regulatory requirements and to between 8 a.m. and 8 p.m., Eastern time, collection on the respondents, including determine substantial progress required Monday through Friday. through the use of information for funding of all non-competing SUPPLEMENTARY INFORMATION: Section technology. continuation discretionary grants. The 3506 of the Paperwork Reduction Act of 48636 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

1995 (44 U.S.C. Chapter 35) requires DEPARTMENT OF ENERGY 11:30–12:00 pm—Public Comment that the Office of Management and Period Secretary of Energy Advisory Board; Budget (OMB) provide interested 12:00–1:15 pm—Lunch Federal agencies and the public an early Notice of Open Meeting. 1:15–2:15 pm—Working Session: opportunity to comment on information AGENCY: Department of Energy. collection requests. OMB may amend or Discussion of Technology Issues SUMMARY: Consistent with the waive the requirement for public Affecting Reliability provisions of the Federal Advisory consultation to the extent that public 2:15–3:30 pm—Panel Discussion: The Committee Act (Public Law 92–463, 86 participation in the approval process Need to Extend FERC Jurisdiction to Stat. 770), notice is hereby given of the would defeat the purpose of the following advisory committee meeting: All Entities In Order to Provide information collection, violate State or Name: Secretary of Energy Advisory Reliability Oversight Federal law, or substantially interfere Board—Electric System Reliability Task 3:30–4:00 pm—Public Comment Period with any agency’s ability to perform its Force. statutory obligations. The Deputy Chief 4:00 pm Adjourn. DATES AND TIMES: Thursday, September Information Officer, Office of the Chief 25, 1997, 8:30 am–4:00 pm. This tentative agenda is subject to Information Officer, publishes this ADDRESSES: Sheraton Inn, Grand change. The final agenda will be notice containing proposed information available at the meeting. collection requests prior to submission Ballroom, 180 Water Street, Plymouth, of these requests to OMB. Each Massachusetts. Public Participation proposed information collection, FOR FURTHER INFORMATION CONTACT: The Chairman of the Task Force is grouped by office, contains the Richard C. Burrow, Secretary of Energy following: (1) Type of review requested, Advisory Board (AB–1), U.S. empowered to conduct the meeting in a e.g., new, revision, extension, existing Department of Energy, 1000 fashion that will, in the Chairman’s or reinstatement; (2) Title; (3) Summary Independence Avenue, SW, judgment, facilitate the orderly conduct of the collection; (4) Description of the Washington, D.C. 20585, (202) 586–1709 of business. During its meeting in need for, and proposed use of, the or (202) 586–6279 (fax). Plymouth, Massachusetts, the Task Force welcomes public comment. information; (5) Respondents and SUPPLEMENTARY INFORMATION: frequency of collection; and (6) Members of the public will be heard in Reporting and/or Recordkeeping Background the order in which they sign up at the burden. OMB invites public comment at The electric power industry is in the beginning of the meeting. The Task the address specified above. Copies of midst of a complex transition to Force will make every effort to hear the the requests are available from Patrick J. competition, which will induce many views of all interested parties. Written Sherrill at the address specified above. far-reaching changes in the structure of comments may be submitted to Skila the industry and the institutions which Harris, Executive Director, Secretary of Dated: September 10, 1997. regulate it. This transition raises many Energy Advisory Board, AB–1, US Gloria Parker, reliability issues, as new entities emerge Department of Energy, 1000 Deputy Chief Information Officer, Office of in the power markets and as generation Independence Avenue, SW, the Chief Information Officer. becomes less integrated with Washington, D.C. 20585. This notice is Office of Educational Research and transmission. being published less than 15 days before Improvement Purpose of the Task Force the date of the meeting due to programmatic issues that had to be The purpose of the Electric System Type of Review: Revision. resolved prior to publication. Reliability Task Force is to provide Title: Financial and Performance advice and recommendations to the Minutes Report, Library Services and Secretary of Energy Advisory Board Construction Act (LSCA), Titles I, II, regarding the critical institutional, Minutes and a transcript of the and III. technical, and policy issues that need to meeting will be available for public Frequency: Annually. be addressed in order to maintain the review and copying approximately 30 Affected Public: State, local or Tribal reliability of the nation’s bulk electric days following the meeting at the Gov’t, SEAs or LEAs. system in the context of a more Freedom of Information Public Reading competitive industry. Room, 1E–190 Forrestal Building, 1000 Reporting Burden and Recordkeeping: Independence Avenue, SW, Tentative Agenda Responses: 55. Washington, D.C., between 9:00 am and Burden Hours: 2,481. Thursday, September 25, 1997 4:00 pm, Monday through Friday except Abstract: The State Library 8:30–8:45 am—Opening Remarks & Federal holidays. Information on the Administrative Agency submits the Objectives—Philip Sharp, ESR Task Electric System Reliability Task Force Financial and Performance Report Force Chairman and the Task Force’s interim report may reflecting project expenditures and 8:45–9:15 am—Working Session: be found at the Secretary of Energy completion data, the relationship of the Discussion of the ESR Task Force Advisory Board’s web site, located at projects to the LSCA Long-range Plan, Work Plan http://vm1.hqadmin.doe.gov:80/seab/. and evaluation project data for Title I 9:15–10:15 am—Working Session: Issued at Washington, D.C., on September (Public Library Services); Title II (Public Discussion of a Draft Position Paper 10, 1997. on the Roles of Reliability Library Construction and Technology Rachel M. Samuel, Organizations Enhancement); and Title III (Interlibrary Deputy Advisory Committee Management Cooperation and Resource Sharing). 10:15–10:30 am—Break 10:30–11:30 am—Working Session: Officer. [FR Doc. 97–24463 Filed 9–15–97; 8:45 am] Review of a Draft Position Paper on [FR Doc. 97–24512 Filed 9–15–97; 8:45 am] BILLING CODE 4000±01±P the Roles of Reliability Organizations BILLING CODE 6450±01±P Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48637

DEPARTMENT OF ENERGY A–21 Cost principles applicable to intervene. Copies of this filing are on grants, contracts, and other file with the Commission and are Bonneville Power Administration agreements within institutions of available for public inspection,. higher education. Availability of the Bonneville Linwood A. Watson, Jr., A–87 Cost principles applicable to Acting Secretary. Purchasing Instructions (BPI) grants, contracts, and other [FR Doc. 97–24452 Filed 9–15–97; 8:45 am] agreements with State and local AGENCY: Bonneville Power BILLING CODE 6717±01±M Administration (BPA), DOE. governments. A–102 Uniform administrative ACTION: Notice of document availability. requirements for grants in aid to State and local governments, and DEPARTMENT OF ENERGY SUMMARY: Copies of the BPI which establishes the procedures BPA uses in the common rule. Federal Energy Regulatory A–110 Grants and agreements with the solicitation, award, and Commission institutions of higher education, administration of its purchases of goods hospitals and other nonprofit and services, including construction, organizations. [Docket No. TM98±1±99±000] and the Bonneville Financial Assistance A–122 Cost principles applicable to Instructions (BFAI) which establishes grants, contracts, and other Kern River Gas Transmission the procedures BPA uses in the agreements with nonprofit Company; Notice of Proposed solicitation, award, and administration organizations. Changes in FERC Gas Tariff of financial assistance instruments A–133 Audits of States, Local (principally grants and cooperative September 10, 1997. Governments and Non-Profit agreements) are available from BPA for Organizations. Take notice that on September 8, $30 and $15 each, respectively, or 1997, Kern River Gas Transmission available without charge after October 1, BPA’s solicitations include notice of applicability and availability of the BPI (Kern River) tendered for filing as part 1997 at the Internet address: http:// of its FERC Gas Tariff, First Revised www.bpa.gov/Corporate/CD/CD.htm. and the BFAI, as appropriate, for the information of offerors on particular Volume No. 1, the following tariff ADDRESSES: Copies of the BPI or BFAI purchases or financial assistance sheets, to become effective October 1, may be obtained by sending a check for transactions. 1997: the proper amount to the Head of the Contracting Activity, Routing CD, Issued in Portland, Oregon, on August 29, Ninth Revised Sheet No. 5 Bonneville Power Administration, P.O. 1997. Sub. Eighth Revised Sheet No. 6 Box 3621, Portland, Oregon 97208– Steven C. Kallio, Ninth Revised Sheet No. 6 3621. Manager, Contracts and Property Kern River states that the purpose of Management. FOR FURTHER INFORMATION CONTACT: The this filing is to update Kern River’s Manager, Corporate Communications, [FR Doc. 97–24511 Filed 9–15–97; 8:45 am] Tariff to reflect the Commission 1–800–622–4519. BILLING CODE 6450±01±P approved Annual Charge Adjustment SUPPLEMENTARY INFORMATION: BPA was surcharge of $.0021 per Dth to be established in 1937 as a Federal Power DEPARTMENT OF ENERGY effective for the twelve-month period Marketing Agency in the Pacific beginning October 1, 1997 and to correct Northwest. BPA operations are financed Federal Energy Regulatory a clerical error on the Statement of Rates from power revenues as opposed to Commission for interruptible transportation. annual appropriations. Its purchasing [Docket No. FA95±53±001] Any person desiring to be heard or operations are conducted under 16 protest this filing should file a motion U.S.C. 832 et seq. and related statutes, El Paso Electric Company; Notice of to intervene or protest with the Federal pursuant to these special authorities, the Filing Energy Regulatory Commission, 888 BPI is promulgated as a statement of First Street, N.E., Washington, D.C. purchasing policy and as a body of September 10, 1997. 20426, in accordance with Sections interpretative regulations governing the Take notice that on September 8, 385.214 and 385.211 of the conduct of BPA purchasing activities. It 1997, El Paso Electric Company Commission’s Rules and Regulations. is significantly different from the tendered for filing its refund report in All such motions or protests must be Federal Acquisition Regulation, and the above-referenced docket. filed as provided in Section 154.210 of reflects BPA’s private sector approach to Any person desiring to be heard or to the Commission’s Regulations. Protests purchasing the goods and services protest said filing should file a motion will be considered by the Commission which it requires. The BPI is available to intervene or protest with the Federal in determining the appropriate action to on two 31⁄2 inch diskettes in Microsoft’s Energy Regulatory Commission, 888 be taken, but will not serve to make Word for Window’s format in addition First Street, NE., Washington, DC 20426 protestants parties to the proceeding. to the printed version. Please specify in accordance with Rule 211 and 214 of Any person wishing to become a party which is desired when placing the the Commission’s Rules of Practice and must file a motion to intervene. Copies order. BPA’s financial assistance Procedure (18 CFR 385.211 and 18 CFR of this filing are on file with the operations are conducted under 16 385.214). All such motions or protests Commission and are available for public U.S.C. 832 et seq., and 16 U.S.C. 839 et should be filed on or before September inspection in the Public Reference seq. The BFAI express BPA’s financial 23, 1997. Protests will be considered by Room. assistance policy. The BFAI also the Commission in determining the comprise BPA’s rules governing appropriate action to be taken, but will Linwood A. Watson, Jr., implementation of the principles not serve to make protestants parties to Acting Secretary. provided in the following OMB the proceeding. Any person wishing to [FR Doc. 97–24461 Filed 9–15–97; 8:45 am] circulars: become a party must file a motion to BILLING CODE 6717±01±M 48638 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

DEPARTMENT OF ENERGY Northern Border states that the Tariff Sheet/Effective Date purpose of this filing is to comply with Second Revised Sheet Number 102—August Federal Energy Regulatory ordering paragraph (E) of the 1, 1997 Commission Commission’s order issued on August 1, Original Sheet Number 102A—August 1, [Docket No. RP97±339±003] 1997 in Docket Nos. CP95–194–000, et 1997 al. In the instant filing, Northern Border Fourth Revised Sheet Number 108—August KO Transmission Company; Notice of is tendering a tariff sheet implementing 1, 1997 Proposed Changes in FERC Gas Tariff a straight-line depreciation rate of 2.5 Second Revised Sheet Number 109—June 1, percent for purposes of financial 1996 September 10, 1997. accounting and the recording of a Third Revised Sheet Number 110—June 1, Take notice that on September 8, regulatory asset (liability), as 1996 1997, KO Transmission Company (KO appropriate, for the difference between First Revised Sheet Number 113—August 1, Transmission) tendered for filing the depreciation expense required under 1997 Second Revised Sheet No. 147 to the straight-line method and Second Revised Sheet Number 114—August comply with the GISB Standards in transmission depreciation expense 1, 1997 Order No. 587. KO Transmission allowed for tariff billing purposes which Original Sheet Number 114A—August 1, proposes an effective date of September was required by the order. 1997 8, 1997 for the revised tariff sheet. Fourth Revised Sheet Number 117—June 1, KO Transmission states that the Any person desiring to be heard or to 1996 revised tariff sheet reflects changes to make any protest with reference to said filing should on or before October 1, Northern Border The tariff sheets are comply with an August 27, 1997 Letter being filed in compliance with the Order in this docket. 1997, file with the Federal Energy Regulatory Commission, 888 First October 15, 1996 Stipulation and KO Transmission states that copies of Agreement (S&A) and the approval, this filing were served to all of its Street, N.E., Washington, D.C. 20426, a motion to intervene or a protest in with one minor modification, of such in customers. the Federal Energy Regulatory Any person desiring to protest said accordance with the requirements of the Commission’s Rules of Practice and Commission’s (Commission) order filing should file a protest with the issued August 1, 1997 in Docket No. Procedure (18 CFR 385.214 and Federal Energy Regulatory Commission, RP96–45–004 (August 1 Order). 385.211) and the Regulations under the 888 First Street, N.E., Washington, D.C. Northern Border is modifying tariff Natural Gas Act (18 CFR 157.10). All 20426, in accordance with Section revision numbers, pagination, protests with the Commission will be 385.211 of the Commission’s Rules and applicable effective dates and updating considered by it in determining the Regulations. All such protests must be the Commission’s record of Northern appropriate action to be taken but will filed in accordance with Section Border’s tariff in accordance with the not serve to make the protestants parties 154.210 of the Commission’s Commission’s approval of the S&A in its to the proceeding. Any person wishing Regulations. All protests will be August 1 Order. Such filing is also made to become a party to a proceeding must considered by the Commission in necessary due to the issuance of file a motion to intervene in accordance determining the appropriate action to be overlapping tariff sheets in Northern with the Commission’s Rules. Copies of taken in this proceeding, but will not Border’s GISB compliance tariff filings this filing are on file with the serve to make any protestant a party to which became effective subsequent to Commission and are available for public the proceeding. Copies of this filing are the filing of the S&A but prior to its inspection. on file with the Commission and are approval. available for inspection. Linwood A. Watson, Jr., Northern Border states that copies of Linwood A. Watson, Jr., Acting Secretary. this filing have been sent to all of its Acting Secretary. [FR Doc. 97–24447 Filed 9–15–97; 8:45 am] contracted shippers and interested state [FR Doc. 97–24455 Filed 9–15–97; 8:45 am] BILLING CODE 6717±01±M regulatory commissions. BILLING CODE 6717±01±M Any person desiring to protest this DEPARTMENT OF ENERGY filing should file a protest with the DEPARTMENT OF ENERGY Federal Energy Regulatory Commission, Federal Energy Regulatory 888 First Street N.E., Washington, DC Federal Energy Regulatory Commission 20426, in accordance with Section Commission 385.211 of the Commission’s Rules and Regulations. All such protests must be [Docket No. CP95±194±005] [Docket No. RP96±45±006] filed in accordance with Section Northern Border Pipeline Company; Northern Border Pipeline Company; 154.210 of the Commission’s Notice of Compliance Filing Notice of Proposed Change in FERC Regulations. Protests will be considered Gas Tariff by the Commission in determining the September 10, 1997. appropriate action to be taken, but will Take notice that on September 2, September 10, 1997. not serve to make protestants parties to 1997, Northern Border Pipeline the proceeding. Copies of this filing are Company (Northern Border), tendered Take notice that on September 3, on file with the Commission and are for filing to become part of its FERC Gas 1997, Northern Border Pipeline available for public inspection in the Tariff, First Revised Volume No. 1, the Company (Northern Border) tendered Public Reference Room. for filing to become part of Northern following tariff sheet, to become Linwood A. Watson, Jr., effective January 1, 1998: Border Pipeline Company’s FERC Gas Tariff, First Revised Volume No. 1, the Acting Secretary, First Revised Volume No. 1 following tariff sheets to become [FR Doc. 97–24454 Filed 9–15–97; 8:45 am] Original Sheet No. 106A effective as listed below: BILLING CODE 6717±01±M Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48639

DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Any person or the Commission’s staff may, within 45 days after issuance of Federal Energy Regulatory Federal Energy Regulatory the instant notice by the Commission, Commission Commission file pursuant to Rule 214 of the Commission’s Procedural Rules (18 CFR [Docket No. CP97±722±000] [Docket Nos. RP97±275±007 and TM97±2± 385.214) a motion to intervene or notice of intervention and pursuant to 59±005] Northwest Pipeline Corporation; Notice § 157.205 of the Regulations under the of Request Under Blanket Natural Gas Act (18 CFR 157.205) a Northern Natural Gas Company; Notice Authorization of Proposed Changes in FERC Gas protest to the request. If no protest is Tariff September 10, 1997. filed within the time allowed therefor, Take notice that on September 2, the proposed activity shall be deemed to September 10, 1997. 1997, Northwest Pipeline Corporation be authorized effective the day after the Take notice that on September 5, (Northwest), 295 Chipeta Way, Salt Lake time allowed for filing a protest. If a protest is filed and not withdrawn 1997, Northern Natural Gas Company City, Utah 84158, filed in Docket No. within 30 days after the time allowed (Northern), tendered for filing to become CP97–722–000 a request pursuant to §§ 157.205, and 157.216 of the for filing a protest, the instant request part of Northern’s FERC Gas Tariff, Fifth shall be treated as an application for Revised Volume No. 1, the following Commission’s Regulations under the Natural Gas Act (18 CFR 157.205 and authorization pursuant to Section 7 of tariff sheets proposed to become the Natural Gas Act. effective on June 1, 1997: 157.216) for approval to abandon certain delivery facilities in Montrose County, Linwood A. Watson, Jr., 2nd Substitute Fifth Revised Sheet No. 61 Colorado and a related transportation Acting Secretary. 2nd Substitute Fifth Revised Sheet No. 62 service, under Northwest’s blanket [FR Doc. 97–24450 Filed 9–15–97; 8:45 am] 2nd Substitute Fifth Revised Sheet No. 63 certificate issued in Docket No. CP82– BILLING CODE 6717±01±M 2nd Substitute Fifth Revised Sheet No. 64 433–000 pursuant to Section 7 of the Natural Gas Act, all as more fully set Northern states that the reason for this DEPARTMENT OF ENERGY filing is to correct the unaccounted-for forth in the request that is on file with the Commission and open to public gas percent stated in the footnote of Federal Energy Regulatory inspection. Substitute Fifth Revised Sheets Nos. 61– Commission Northwest states that it plans to 64, as filed on July 16, 1997, from 0.99 abandon its Uravan Lateral Line and [Docket No. CP97±683±000] percent (0.0099) to 0.93 percent Umetco Meter Station and to abandon (0.0093). the related transportation service. The Ozark Gas Transmission; Notice of Northern states that copies of the Uravan Lateral Line consists of Application filing were served upon Northern’s approximately 12 miles of 4-inch September 10, 1997. customers and interested State pipeline extending from Northwest’s Take notice that on August 6, 1997, Commissions. Nucla Lateral to a point of termination Ozark Gas Transmission System Any person desiring to protest said at the Umetco Meter Station. The (Ozark), 1000 Louisiana, Suite 5800, filing should file a protest with the Umetco Meter Station consists of two 4- Houston, Texas 77002, filed in Docket inch meters, two 1-inch regulators and Federal Energy Regulatory Commission, No. CP97–683–000 an application appurtenances. 888 First Street, N.E., Washington, D.C. pursuant to Section 7(c) of the Natural Service to the Umetco Meter Station 20426, in accordance with Section Gas Act (NGA) for authorization to has been according to a Direct Sales 385.211 of the Commission’s Rules and construct and operate a receipt point in Contract (Contract) dated April 1, 1978, Franklin County, Arkansas, all as more Regulations. All such protests must be as amended, between Northwest and filed in accordance with Section fully set forth in the application on file Umetco Minerals Corporation (Umetco). with the Commission and open to 154.210 of the Commission’s The primary term of the Contract public inspection. Regulations. All protests will be extended until March 31, 1980 and Ozark proposes to install and operate considered by the Commission in month to month thereafter subject to a receipt point in Franklin County in determining the appropriate action to be termination upon one month written order to receive natural gas production taken in this proceeding, but will not notice by either party. On August 25, into its system. Ozark states that the serve to make protestants parties to the 1992, Northwest notified Umetco that it proposed receipt point would allow proceeding. Copies of this filing are on was terminating the Contract effective Ozark to receive an additional 1,500 file with the Commission and are October 31, 1992. No deliveries have Dekaterm equivalent of natural gas per available for inspection. been provided at the Umetco Meter day into its system. Ozark would install Linwood A. Watson, Jr., Station since May, 1992. Since Umetco approximately 4,500 feet of 4.5-inch Acting Secretary. is the only customer served by the diameter pipe and the necessary Uravan Lateral Line and Umetco Meter [FR Doc. 97–24453 Filed 9–15–97; 8:45 am] metering and tie-in facilities on its Station and the facilities are no longer pipeline system. Ozark also states that it BILLING CODE 6717±01±M needed, Northwest proposes to abandon would finance the estimated $71,600 the Uravan Lateral Line in place and to construction cost of the proposed remove the Umetco Meter Station. On receipt point with funds on hand. December 16, 1992, Umetco confirmed Ozark states that the natural gas that it had no objection to Northwest’s volumes it would receive via the proposed abandonment of the delivery proposed receipt point are within facilities. The cost of abandoning the certificated volumes on Ozark’s system, Uravan Lateral Line and the Umetco and the addition of receipt point Meter Station is estimated at $15,000. facilities would be consistent with 48640 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Ozark’s open access tariff and blanket DEPARTMENT OF ENERGY (Tennessee) tendered for filing as part of transportation certificate. Ozark also its FERC Gas Tariff, Fifth Revised states that it has filed its request in this Federal Energy Regulatory Volume No. 1, the following tariff proceeding in compliance with the Commission sheets: Stipulation and Agreement issued in [Docket No. RP97±517±000] Sub Seventeenth Revised Sheet No. 20 Docket No. CP78–532–000, et al. [(22 Sub Eighteenth Revised Sheet No. 21A FERC ¶ 61,334 at 61,578 (1983)]. Paiute Pipeline Company; Notice of Sub Twenty-Fourth Revised Sheet No. 22 Proposed Changes in FERC Gas Tariff Sub Eighteenth Revised Sheet No. 22A Any person desiring to be heard or to Sub Fifth Revised Sheet No. 23A make any protest with reference to said September 10, 1997. Sub Third Revised Sheet No. 23C application should on or before October Take notice that on September 8, Tennessee states that the purpose of 1, 1997, file with the Federal Energy 1997, Paiute Pipeline Company (Paiute) the filing is to correct an error reflected Regulatory Commission, Washington, tendered for filing as part of its FERC in the August 29, 1997 filing in this D.C. 20426, a motion to intervene or a Gas Tariff, Second Revised Volume No. docket. This filing correctly reflects the protest in accordance with the 1–A, the following tariff sheet, to $.0022 ACA surcharge in the maximum requirements of the Commission’s Rules become effective October 8, 1997: effective commodity rates. of Practice and Procedure (18 CFR First Revised Sheet No. 116 Any person desiring to protest this 385.214 or 385.211) and the Regulations Paiute states that the purpose of this filing should file a protest with the under the NGA (18 CFR 157.10). All filing is to comply with the Federal Energy Regulatory Commission, protests filed with the Commission will Commission’s Order No. 636–C, Order 888 First Street, Washington, D.C. be considered by it in determining the on Remand, issued February 27, 1997 in 20426, in accordance with 385.211 of appropriate action to be taken but will Docket Nos. RM91–11–006, et al. Paiute the Commission’s Regulations. All such not serve to make the protestants parties states that it has revised its right-of-first- protests must be filed as provided in to the proceeding. Any person wishing refusal tariff provisions to reduce the Section 154.210 of the Commission’s to become a party to a proceeding or to term cap for matching a competitive bid Regulations. Protests will be considered participate as a party in any hearing from twenty years to five years, by the Commission in determining the therein must file a motion to intervene consistent with the requirements of appropriate action to be taken, but will in accordance with the Commission’s Order No. 636–C. not serve to make protestants parties to Rules. Any person desiring to be heard or the proceeding. Copies of this filing are on file with the Commission and Take further notice that, pursuant to protest this filing should file a motion available for public inspection in the the authority contained in and subject to to intervene or protest with the Federal Energy Regulatory Commission, 888 Public Reference Room. the jurisdiction conferred upon the First Street, N.E., Washington, D.C. Linwood A. Watson, Jr., Federal Energy Regulatory Commission 20426, in accordance with Sections by Sections 7 and 15 of the NGA and the Acting Secretary. 385.214 and 385.211 of the Commission’s Rules of Practice and [FR Doc. 97–24460 Filed 9–15–97; 8:45 am] Commission’s Rules and Regulations. BILLING CODE 6717±01±M Procedure, a hearing will be held All such motions or protests must be without further notice before the filed in accordance with Section Commission or its designee on this 154.210 of the Commission’s DEPARTMENT OF ENERGY application if no motion to intervene is Regulations. Protests will be considered filed within the time required herein, if by the Commission in determining the Federal Energy Regulatory the Commission on its own review of appropriate action to be taken, but will Commission the matter finds that a grant of the not serve to make protestants parties to [Docket No. RP97±513±000] certificate is required by the public the proceeding. Any person wishing to convenience and necessity. If a motion become a party must file a motion to Texaco Natural Gas Inc. v. Sea Robin for leave to intervene is timely filed, or intervene. Copies of this filing are on Pipeline Company; Notice of if the Commission on its own motion file with the Commission and are Complaint believes that a formal hearing is available for public inspection in the required, further notice of such hearing Public Reference Room. September 10, 1997. will be duly given. Linwood A. Watson, Jr., Take notice that on September 4, 1997, pursuant to Rule 206 of the Under the procedure herein provided Acting Secretary. [FR Doc. 97–24458 Filed 9–15–97; 8:45 am] Commission’s Rules of Practice and for, unless otherwise advised, it will be Procedure, 18 CFR § 385.206, Texaco BILLING CODE 6717±01±M unnecessary for Ozark to appear or be Natural Gas Inc. (Texaco) tendered for represented at the hearing. filing a complaint against Sea Robin Linwood A. Watson, Jr., DEPARTMENT OF ENERGY Pipeline Company (Sea Robin). Acting Secretary. Texaco alleges that Sea Robin failed to [FR Doc. 97–24448 Filed 9–15–97; 8:45 am] Federal Energy Regulatory follow its tariff provision in allocating BILLING CODE 6717±01±M Commission capacity on a net present value basic and that Sea Robin failed to provide [Docket No. TM98±1±9±001] notice in a timely fashion to all shippers Tennessee Gas Pipeline Company; that Sea Robin instead intended to Notice of Proposed Changes in FERC allocate capacity on a first-come, first- Gas Tariff served basis. Texaco requests that the Commission September 10, 1997. order Sea Robin to allocate capacity on Take notice that on September 5, its system in future months based on the 1997, Tennessee Gas Pipeline Company net present value procedure in its tariff. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48641

Texaco also alleges that Sea Robin installed pursuant to the authority of enumerated in Appendix A attached to engaged in unduly discriminatory and Section 311 of the Natural Gas Policy the filing. The proposed effective date of preferential actions related to the Act of 1978 (Section 311) and Section such tariff sheets is October 6, 1997. manner in which it provided notice of 284.3(c) of the Commission’s Transco states that the purpose of the capacity constraints and solicited bids Regulations in May 1985, under Texas instant filing is to conform the for available capacity. Gas’ blanket certificate issued in Docket provisions of Transco’s Rate Schedule Texaco further asks the Commission No. CP88–686–000, pursuant to Section S–2 storage service to the service to investigate the adequacy of Sea 7(c) of the Natural Gas Act (NGA), all as currently provided by Texas Eastern Robin’s maintenance of its Erath more fully set forth in the request which Transmission Corporation (Texas Compressor Station to determine is on file with the Commission and open Eastern) to Transco under Texas whether inadequate care in maintaining to public inspection. Eastern’s Rate Schedule X–28. Transco’s that facility contributed to the capacity Texas Gas proposes to operate the purchase of Rate Schedule X–28 service constraint resulting from schedule LGS-Bayou Pigeon Delivery Meter is the means by which Transco provides maintenance on Sea Robin’s Vermilion located in Iberia Parish, Louisiana, service to its customers under Rate Block 149 Compressor Station. under blanket authorization for Texas Schedule S–2. The X–28 service has Texaco also requests that Sea Robin Petroleum Investment Company (Texas changed from a ‘‘gas lending and be required to make restitution to Petroleum). It is asserted that Texas borrowing’’ service to a traditional Texaco for the damages it incurred as Petroleum is now the owner of the storage service, thereby necessitating the direct result of Sea Robin’s actions. production facilities at this location and corresponding changes to Transco’s Rate Any person desiring to be heard or to has requested that Texas Gas file for Schedule S–2 service. protest with respect to said Complaint authority to make deliveries of natural Transco states that copies of the filing should file a motion to intervene or gas under blanket authorization at this are being mailed to its S–2 customers protest with the Federal Energy point. Texas Gas further asserts that and interested State Commissions. Regulatory Commission, 888 First Texas Petroleum has requested up to 50 Any person desiring to be heard or to Street, N.E., Washington, D.C. 20426, in MMBtu per day of interruptible protest said filing should file a motion accordance with sections 385.214 and transportation to be used as gas lift gas to intervene or protest with the Federal 385.211 of the Commission’s Rules of for Texas Petroleum’s operations. Energy Regulatory Commission, 888 Practice and Procedure. All such Any person or the Commission’s Staff First Street, N.E. Washington, D.C. motions or protests must be filed on or may, within 45 days of the issuance of 20426, in accordance with Sections before September 26, 1997. All protests the instant notice by the Commission, 385.214 and 385.211 of the filed with the Commission shall be file pursuant to Rule 214 of the Commission’s Rules and Regulations. considered by it in determining the Commission’s Rules of Practice and All such motions or protests must be appropriate action to be taken, but will Procedure (18 CFR 385.214), a motion to filed as provided in Section 154.210 of not serve to make protestants parties to intervene and pursuant to § 157.205 of the Commission’s Regulations. Protests the proceeding. Any person wishing to the regulations under the Natural Gas will be considered by the Commission become a party must file a motion to Act (18 CFR 157.205), a protest to the in determining the appropriate action to intervene. Copies of this filing are on request. If no protest is filed within the be taken but will not serve to make file with the Commission and are time allowed therefore, the proposed protestants parties to the proceeding. available for public inspection in the activities shall be deemed to be Any person wishing to become a party Public Reference Room. Answers to this authorized effective the day after the must file a motion to intervene. Copies complaint are due on or before October time allowed for filing a protest. If a of this filing are on file with the 3, 1997. protest is filed and not withdrawn 30 Commission and are available for public days after the time allowed for filing a Linwood A. Watson, Jr., inspection in the Public Reference protest, the instant request shall be Acting Secretary. Room. treated as an application for [FR Doc. 97–24456 Filed 9–15–97; 8:45 am] Linwood A. Watson, Jr., BILLING CODE 6717±01±M authorization pursuant to Section 7 of the Natural Gas Act. Acting Secretary. Linwood A. Watson, Jr., [FR Doc. 97–24459 Filed 9–15–97; 8:45 am] DEPARTMENT OF ENERGY Acting Secretary. BILLING CODE 6717±01±M [FR Doc. 97–24451 Filed 9–15–97; 8:45 am] Federal Energy Regulatory BILLING CODE 6717±01±M Commission DEPARTMENT OF ENERGY [Docket No. CP97±727±000] Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Texas Gas Transmission Corporation; Notice of Request Under Blanket Federal Energy Regulatory [Docket No. RP97±516±000] Authorization Commission Viking Gas Transmission Company; September 10, 1997. [Docket No. RP97±518±000] Notice of Proposed Changes in FERC Take notice that on September 5, Transcontinental Gas Pipe Line Gas Tariff 1997, Texas Gas Transmission Corporation; Notice of Tariff Filing Corporation (Texas Gas), 3800 Frederica September 10, 1997. Street, Owensboro, Kentucky 42301, September 10, 1997. Take notice that on September 8, filed in Docket No. CP97–727–000 a Take notice that on September 5, 1997 1997, Viking Gas Transmission request pursuant to §§ 157.205 and Transcontinental Gas Pipe Line Company (Viking) tendered for filing as 157.211 of the Commission’s Corporation (Transco) tendered for part of its FERC Gas Tariff, First Revised Regulations under the Natural Gas act filing certain revised tariff sheets to its Volume No. 1, the following tariff sheet (18 CFR 157.205, 157.211) for approval FERC Gas Tariff, Third Revised Volume to become effective October 8, 1997: to operate an existing previously No. 1, which tariff sheets are Third Revised Sheet No. 86 48642 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Viking states that the purpose of this more fully set forth in the application unnecessary for Williston Basin to filing is to comply with the which is on file with the Commission appear or be represented at the hearing. Commission’s requirements set forth in and open to public inspection. Linwood A. Watson, Jr., Order No. 636–C, Pipeline Service Specifically, Williston Basin proposes Acting Secretary. Obligations and Revisions to to abandon Compressor Unit No. 3 and [FR Doc. 97–24449 Filed 9–15–97; 8:45 am] Regulations Governing Self- appurtenant facilities at the Lovell BILLING CODE 6717±01±M Implementing Transportation under Part Compressor Station in Big Horn County, 284 of the Commission’s Regulations, Wyoming. Williston Basin states that Docket No. RM91–11–006 and due to the change in location in gas DEPARTMENT OF ENERGY Regulation of Natural Gas Pipelines after supply on its system, it has not required Partial Wellhead Decontrol, Docket No. the service of all three compressor units Federal Energy Regulatory RM87–34–072, 78 FERC ¶ 61,186 (1997) at the Lovell Compressor Station and, Commission issued on February 27, 1997. therefore, sees no need for Compressor Accordingly, Viking has revised the Unit No. 3 at this location in the future. [Docket No. ER97±3945±000, et al.] Williston Basin states that it will leave contract matching term cap provided for New York State Electric & Gas Compressor Station No. 3 in place until under its right-of-first-refusal provisions Corporation, et al.; Electric Rate and such time as it may be required for to reflect the new five year maximum Corporate Regulation Filings cap required by the Commission in another purpose or location. However, Order No. 636–C. Williston Basin states, Compressor Unit September 4, 1997. Viking states that copies of the filing No. 3 will not be connected to either the Take notice that the following filings have been mailed to all of its suction or discharge lines and will be have been made with the Commission: jurisdictional customers and to affected inoperable. Williston Basin asserts that state regulatory commissions. the abandonment will not affect its 1. New York State Electric & Gas Any person desiring to be heard or to current operations or impact its Corporation protest said filing should file a motion customers. [Docket No. ER97–3945–000] to intervene or protest with the Federal Any person desiring to be heard or to Take notice that on August 12, 1997, Energy Regulatory Commission, 888 make any protest with reference to said New York State Electric & Gas First Street, N.E., Washington, DC application should on or before October Corporation (‘‘NYSEG’’), filed a Service 20426, in accordance with Sections 1, 1997, file with the Federal Energy Agreement between NYSEG and New 385.214 and 385.211 of the Regulatory Commission, 888 First York State Electric & Gas Corporation, Commission’s Rules of Practice and Street, NE, Washington, D.C. 20426, a (‘‘Customer’’). This Service Agreement Procedure. All such motions or protests motion to intervene or a protest in must be filed in accordance with accordance with the requirements of the specifies that the Customer has agreed Section 154.210 of the Commission’s Commission’s Rules of Practice and to the rates, terms and conditions of the Regulations. Protests will be considered Procedure (18 CFR 385.214 or 385.211) NYSEG open access transmission tariff by the Commission in determining the and the Regulations under the Natural filed and effective on May 28, 1997 with appropriate action to be taken, but will Gas Act (18 CFR 157.10). All protests revised sheets effective on June 11, not serve to make protestants parties to filed with the Commission will be 1997, in Docket No. OA97–571–000 and the proceeding. Any person wishing to considered by it in determining the OA96–195–000. become a party must file a motion to appropriate action to be taken but will NYSEG requests waiver of the intervene. Copies of this filing are on not serve to make the protestants parties Commission’s sixty-day notice file with the Commission and are to the proceeding. Any person wishing requirements and an effective date of available for public inspection. to become a party to a proceeding or to July 1, 1997 for the New York State Electric & Gas Corporation Service Linwood A. Watson, Jr., participate as a party in any hearing Agreement. NYSEG has served copies of Acting Secretary. therein must file a motion to intervene in accordance with the Commission’s the filing on The New York State Public [FR Doc. 97–24457 Filed 9–15–97; 8:45 am] Service Commission and on the BILLING CODE 6717±01±M Rules. Take further notice that, pursuant to Customer. the authority contained in and subject to Comment date: September 18, 1997, in accordance with Standard Paragraph DEPARTMENT OF ENERGY jurisdiction conferred upon the Federal Energy Regulatory Commission by E at the end of this notice. Federal Energy Regulatory Sections 7 and 15 of the Natural Gas Act 2. Consumers Power Company Commission and the Commission’s Rules of Practice and Procedure, a hearing will be held [Docket No. ER97–4181–000] [Docket No. CP97±717±000] without further notice before the Take notice that on August 13, 1997, Williston Basin Interstate Pipeline Commission or its designee on this Consumers Power Company Company; Notice of Application for application if no motion to intervene is (Consumers), tendered for filing two Abandonment filed within the time required herein, if service agreements for Non-Firm Point- the Commission on its own review of to-Point Transmission Service pursuant September 10, 1997. the matter finds that a grant of the to the Joint Open Access Transmission Take notice that on August 29, 1997, certificate is required by the public Tariff filed on December 31, 1996 by Williston Basin Interstate Pipeline convenience and necessity. If a motion Consumers and The Detroit Edison Company (Williston Basin), 200 North for leave to intervene is timely filed, or Company (Detroit). The two Third Street, Suite 300, Bismarck, North if the Commission on its own motion transmission customers are Dakota 58501, filed an application believes that a formal hearing is Commonwealth Edison Company and pursuant to Section 7(b) of the Natural required, further notice of such hearing the City of Bay City. A copy of the filing Gas Act for an order granting permission will be duly given. was served on the Michigan Public and approval to abandon a compressor Under the procedure herein provided Service Commission, Detroit and the unit and appurtenant facilities, all as for, unless otherwise advised, it will be two transmission customers. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48643

Comment date: September 18, 1997, ComEd requests various effective Comment date: September 18, 1997, in accordance with Standard Paragraph dates for the service agreements, and in accordance with Standard Paragraph E at the end of this notice. accordingly seeks waiver of the E at the end of this notice. Commission’s requirements. Copies of 3. Pacific Gas and Electric Company 9. Commonwealth Electric Company this filing were served upon Enron, Cambridge Electric Light Company [Docket No. ER97–4182–000] MSCGI, ECI, Engage, NYSEG, and the Take notice that on August 13, 1997, Illinois Commerce Commission. [Docket No. ER97–4189–000] Pacific Gas and Electric Company Comment date: September 18, 1997, Take notice that on August 14, 1997, (PG&E), tendered for filing proposed in accordance with Standard Paragraph Commonwealth Electric Company changes in rates for Sacramento E at the end of this notice. (Commonwealth) and Cambridge Municipal Utility District (SMUD), to be Electric Light Company (Cambridge), 6. Texas-New Mexico Power Company effective July 1, 1997, developed using collectively referred to as the a rate adjustment mechanism previously [Docket No. ER97–4185–000] Companies, tendered for filing with the agreed by PG&E and SMUD for PG&E Take notice that on August 14, 1997, Federal Energy Regulatory Commission Rate Schedule FERC Nos. 88, 91, 138 Texas-New Mexico Power Company, executed Service Agreements between and 176. The filing also corrects 3 tendered for filing an application for a the Companies and the following paragraph references in Appendix A to Commission order accepting a proffered Market-Based Power Sales Customers PG&E Rate Schedule FERC No. 176. rate schedule for market-based rates and (collectively referred to herein as the Copies of this filing have been served providing for associated authorizations Customers): upon SMUD and the California Public and requirements. Utilities Commission. Aquila Power Corporation Comment date: September 18, 1997, Comment date: September 18, 1997, Green Mountain Power Montaup Electric Company in accordance with Standard Paragraph in accordance with Standard Paragraph E at the end of this notice. New Energy Ventures, Inc. E at the end of this notice. Northeast Energy Services, Inc. 4. 3E Energy Services, L.L.C. 7. Agway Energy Services, Inc. Tractebel Energy Marketing, Inc. [Docket No. ER97–4183–000] [Docket No. ER97–4186–000] These Service Agreements specify Take notice that on August 14, 1997, Take notice that on August 14, 1997, that the Customers have signed on to 3E Energy Services, L.L.C. (3E) Agway Energy Services, Inc. (Agway) and have agreed to the terms and petitioned the Commission for (1) petitioned the Commission for conditions of the Companies’ Market- blanket authorization to sell natural gas acceptance of Agway Rate Schedule Based Power Sales Tariffs designated as and electric power at market-based FERC No. 1, the granting of certain Commonwealth’s Market-Based Power rates; (2) acceptance of 3E’s Rate blanket approvals, including the Sales Tariff (FERC Electric Tariff Schedule FERC No. 1; (3) waiver of authority to sell electricity at market- Original Volume No. 7) and Cambridge’s certain Commission Regulations; and (4) based rates; and the waiver of certain Market-Based Power Sales Tariff (FERC such other waivers and authorizations Commission regulations. Electric Tariff Original Volume No. 9). These Tariffs, accepted by the FERC on as have been granted to other natural gas Agway intends to engage in wholesale February 27, 1997, and which have an and power marketers, all as more fully electric power and energy purchases effective date of February 28, 1997, will set forth in 3E’s petition on file with the and sales as a marketer. Agway is not in allow the Companies and the Customers Commission. the business of generating or to enter into separately scheduled short- 3E states that it intends to engage in transmitting electric power. Agway is a term transactions under which the natural gas and electric power wholly-owned subsidiary of Agway Companies will sell to the Customers transactions as a marketer. As a natural Holdings, Inc. which, through its parent capacity and/or energy as the parties gas and electric power marketer, 3E and affiliates, sells and distributes may mutually agree. proposes to make such sales on rates, agricultural products and other services The Companies and Green Mountain terms and conditions to be mutually to the agricultural community. Power have also filed Notices of agreed-to with purchasing parties. Comment date: September 18, 1997, Comment date: September 18, 1997, Cancellation for service under the in accordance with Standard Paragraph in accordance with Standard Paragraph Companies’ Power Sales and Exchange E at the end of this notice. E at the end of this notice. Tariffs (FERC Electric Tariff Original 8. Orange and Rockland Utilities, Inc. Volume Nos. 5 and 3) and Green 5. Commonwealth Edison Company Mountain Power’s respective FERC Rate [Docket No. ER97–4187–000] [Docket No. ER97–4184–000] Schedules. Take notice that on August 14, 1997, Take notice that on August 13, 1997, The Companies request an effective Commonwealth Edison Company Orange and Rockland Utilities, Inc. (O& date as specified on each Service (ComEd) submitted for filing a Short- R), tendered for filing pursuant to Part Agreement and Notice of Cancellation. Term Firm Service Agreement with 35 of the Federal Energy Regulatory Comment date: Setpember 18, 1997, Enron Power Marketing, Inc. (Enron), an Commission’s Rules of Practice and in accordance with Standard Paragraph unexecuted Short-Term Firm Service Procedure, 18 CFR Part 35, a service E at the end of this notice. Agreement with Morgan Stanley Capital agreement under which O&R will provide capacity and/or energy to NP 10. Consolidated Edison Company of Group, Inc. (MSCGI), a Short-Term Firm New York, Inc. Service Agreement with Electric Energy Inc. (NP Energy). Clearinghouse, Inc. (ECI), and two Non- O&R requests waiver of the notice [Docket No. ER97–4190–000] Firm Service Agreements with Engage requirement so that the service Take notice that on August 14, 1997, Energy US, L.P. (Engage), and New York agreement with NP Energy becomes Consolidated Edison Company of New State Electric & Gas Corporation effective as of August 4, 1997. York, Inc. (Con Edison), tendered for (NYSEG), under the terms of ComEd’s O&R has served copies of the filing on filing, pursuant to its FERC Electric Open Access Transmission Tariff The New York State Public Service Tariff Rate Schedule No. 2, a service (OATT). Commission and NP Energy. agreement for Public Service Electric & 48644 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Gas to purchase electric capacity and Sales Tariff, presently on file with the 16. Central Illinois Public Service energy pursuant to the negotiated rates, Commission. Company terms, and conditions. PSE&G further requests waiver of the [Docket No. ER97–4196–000] Con Edison states that a copy of this Commission’s Regulations such that the filing has been served by mail upon Take notice that on August 14, 1997, agreement can be made effective as of Central Illinois Public Service Company Public Service Electric & Gas. July 15, 1997. Comment date: September 18, 1997, (CIPS) submitted an executed umbrella in accordance with Standard Paragraph Copies of the filing have been served short-term firm transmission service E at the end of this notice. upon AEP and the New Jersey Board of agreement, dated July 17, 1997, Public Utilities. establishing Delhi Energy Services, Inc., 11. Public Service Electric and Gas Comment date: September 18, 1997, as a customer under the terms of CIPS’ Company in accordance with Standard Paragraph Open Access Transmission Tariff. [Docket No. ER97–4191–000] E at the end of this notice. CIPS requests an effective date of July 17, 1997, for the service agreement with Take notice that on August 14, 1997, 14. PacifiCorp Public Service Electric and Gas Delhi Energy Services, Inc. Accordingly, Company (PSE&G) of Newark, New [Docket No. ER97–4194–000] CIPS requests waiver of the Commission’s notice requirements. Jersey tendered for filing an agreement Take notice that on August 14, 1997, Copies of this filing were served on for the sale of capacity and energy to PacifiCorp tendered for filing in Delhi Energy Services, Inc., and the Market Responsive Energy Inc. (MREI) accordance with 18 CFR Part 35 of the Illinois Commerce Commission. pursuant to the PSE&G Wholesale Commission’s Rules and Regulations, a Comment date: September 18, 1997, Power Market Based Sales Tariff, Long-Term Firm Point-To-Point in accordance with Standard Paragraph presently on file with the Commission. Transmission Service Agreement E at the end of this notice. PSE&G further requests waiver of the between PacifiCorp’s Merchant Commission’s Regulations such that the Function and PacifiCorp’s Transmission 17. Additional Signatory to PJM agreement can be made effective as of Function under PacifiCorp’s FERC Interconnection, L.L.C. Operating July 15, 1997. Electric Tariff, First Revised Volume No. Agreement Copies of the filing have been served 11. upon MREI and the New Jersey Board of [Docket No. ER97–4197–000] Copies of this filing were supplied to Take notice that on August 14, 1997, Public Utilities. PacifiCorp’s Merchant Function, the Comment date: September 18, 1997, the PJM Interconnection, L.L.C. (PJM) Washington Utilities and Transportation filed, on behalf of the Members of the in accordance with Standard Paragraph Commission and the Public Utility E at the end of this notice. LLC, membership applications of Fina Commission of Oregon. Energy Services Company and CNG 12. Public Service Electric and Gas A copy of this filing may be obtained Energy Service Corporation. PJM Company from PacifiCorp’s Regulatory requests an effective date of August 14, [Docket No. ER97–4192–000] Administration Department’s Bulletin 1997. Take notice that on August 14, 1997, Board System through a personal Comment date: September 18, 1997, Public Service Electric and Gas computer by calling (503) 464–6122 in accordance with Standard Paragraph Company (PSE&G) of Newark, New (9600 baud, 8 bits, no parity, 1 stop bit). E at the end of this notice. Jersey tendered for filing an agreement Comment date: September 18, 1997, 18. Wisconsin Electric Power Company for the sale of capacity and energy to in accordance with Standard Paragraph Delmarva Power & Light Company E at the end of this notice. [Docket No. ER97–4198–000] (DP&L) pursuant to the PSE&G 15. Tampa Electric Company Take notice that on August 14, 1997, Wholesale Power Market Based Sales Wisconsin Electric Power Company Tariff, presently on file with the [Docket No. ER97–4195–000] (Wisconsin Electric), tendered for filing Commission. Take notice that on August 14, 1997, an index of service agreements to its PSE&G further requests waiver of the Tampa Electric Company (Tampa Open Access Transmission Tariff Commission’s Regulations such that the Electric), tendered for filing a Contract (OATT), FERC Electric Tariff, Volume agreement can be made effective as of for the Purchase and Sale of Power and No. 7. Also submitted are forms of July 15, 1997. Energy (Contract) between Tampa service agreements for short term firm Copies of the filing have been served Electric and The Energy Authority, Inc. transmission service and network upon DP&L and the New Jersey Board (TEA). The Contract provides for the integration transmission service for of Public Utilities. negotiation of individual transactions in Wisconsin Electric’s merchant function. Comment date: September 18, 1997, which Tampa Electric will sell power The instant submittal is occasioned by in accordance with Standard Paragraph and energy to TEA. the Commission’s order in Allegheny E at the end of this notice. Power System Inc. (Docket Nos. OA96– Tampa Electric proposes an effective 18 et al.). 13. Public Service Electric and Gas date of August 18, 1997 for the Contract, Wisconsin Electric requests an Company or, if the Commission’s notice effective date of July 9, 1996, in requirement cannot be waived, the [Docket No. ER97–4193–000] accordance with the order in Allegheny. earlier of October 13, 1997 or the date Take notice that on August 14, 1997, Copies of the filing have been served the Contract is accepted for filing. Public Service Electric and Gas on all Wisconsin Electric transmission Company (PSE&G) of Newark, New Copies of the filing have been served service customers, the Michigan Public Jersey tendered for filing an agreement on TEA and the Florida Public Service Service Commission, and the Public for the sale of capacity and energy to Commission. Service Commission of Wisconsin. American Electric Power Service Comment date: September 18, 1997, Comment date: September 18, 1997, Corporation (AEP) pursuant to the in accordance with Standard Paragraph in accordance with Standard Paragraph PSE&G Wholesale Power Market Based E at the end of this notice. E at the end of this notice. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48645

19. Virginia Electric and Power Washington Utilities and Transportation that the purpose of the Agreements is to Company Commission and the Public Utility permit UE to provide transmission [Docket No. ER97–4199–000] Commission of Oregon. service to the parties pursuant to UE’s A copy of this filing may be obtained Open Access Transmission Tariff filed Take notice that on August 15, 1997, from PacifiCorp’s Regulatory in Docket No. OA96–50. Virginia Electric and Power Company Administration Department’s Bulletin Comment date: September 18, 1997, (Virginia Power) tendered for filing a Board System through a personal in accordance with Standard Paragraph Service Agreement for Non-Firm Point- computer by calling (503) 464–6122 E at the end of this notice. to-Point Transmission Service between (9600 baud, 8 bits, no parity, 1 stop bit). Equitable Power Services Company and 25. Southern Company Services, Inc. Comment date: September 18, 1997, Virginia Power under the Open Access in accordance with Standard Paragraph [Docket No. ER97–4205–000] Transmission Tariff to Eligible E at the end of this notice. Take notice that on August 15, 1997, Purchasers dated July 9, 1996. Under Southern Company Services, Inc. (SCS), the tendered Service Agreement 22. Total Energy, Inc. acting on behalf of Alabama Power Virginia Power will provide non-firm [Docket No. ER97–4202–000] Company, Georgia Power Company, point-to-point service to Equitable Gulf Power Company, Mississippi Power Services Company as agreed to Take notice that on August 15, 1997, Power Company, and Savannah Electric by the parties under the rates, terms and Total Energy, Inc. (Total), petitioned the and Power Company (collectively conditions of the Open Access Commission for acceptance of Total referred to as Southern Companies) filed Transmission Tariff. Rate Schedule FERC No. 1, the granting Copies of the filing were served upon of certain blanket approvals, including eight (8) service agreements for firm the Virginia State Corporation the authority to sell electricity at point-to-point transmission service Commission and the North Carolina market-based rates; and the waiver of under Part II of the Open Access Utilities Commission. certain Commission regulations. Transmission Tariff of Southern Comment date: September 18, 1997, Total intends to engage in wholesale Companies. Three (3) of the agreements in accordance with Standard Paragraph electric power and energy purchases are between SCS, as agent for Southern E at the end of this notice. and sales as a marketer. Total is not in Companies, and Electric Clearinghouse, the business of generating or Inc., and two (2) agreements are 20. Virginia Electric and Power transmitting electric power. between SCS, as agent for Southern Company Comment date: September 18, 1997, Companies, and Vitol Gas & Electric. [Docket No. ER97–4200–000] in accordance with Standard Paragraph The other three (3) agreements are Take notice that on August 15, 1997, E at the end of this notice. between SCS, as agent for Southern Companies, and (i) Aquila Power Virginia Electric and Power Company 23. PacifiCorp (Virginia Power) tendered for filing Corporation, (ii) Federal Energy Sales, Service Agreements for Firm Point-to- [Docket No. ER97–4203–000] Inc., and (iii) Southern Wholesale Point Transmission Service with The Take notice that on August 15, 1997, Energy, a Department of SCS. Wholesale Power Group, Vitol Gas PacifiCorp tendered for filing in Comment date: September 18, 1997, Electric LLC, and PacifiCorp Power accordance with 18 CFR Part 35 of the in accordance with Standard Paragraph Marketing, Inc., under the Open Access Commission’s Rules and Regulations, E at the end of this notice. Transmission Tariff to Eligible First Sheet Nos. 118 and 119 to 26. Cleveland Electric Illuminating Purchasers dated July 9, 1996. Under PacifiCorp’s FERC Electric Tariff, First Company and The Toledo Edison the tendered Service Agreement Revised Volume No. 11, Pro Forma Company Virginia Power will provide firm point- Open Access Transmission Tariff to-point service to the Transmission (Tariff). [Docket No. ER97–4206–000] Customers as agreed to by the parties Copies of this filing were supplied to Take notice that on August 15, 1997, under the rates, terms and conditions of the Washington Utilities and the Centerior Service Company as Agent the Open Access Transmission Tariff. Transportation Commission and the for The Cleveland Electric Illuminating Copies of the filing were served upon Public Utility Commission of Oregon. Company and The Toledo Edison the Virginia State Corporation A copy of this filing may be obtained Company filed Service Agreements to Commission and the North Carolina from PacifiCorp’s Regulatory provide Non-Firm Point-to-Point Utilities Commission. Administration Department’s Bulletin Transmission Service for Dayton Power Comment date: September 18, 1997, Board System through a personal & Light Company, Valero Power in accordance with Standard Paragraph computer by calling (503) 464–6122 Services Company, and VTEC Energy, E at the end of this notice. (9600 baud, 8 bits, no parity, 1 stop bit). Incorporated, the Transmission Comment date: September 18, 1997, Customers. Services are being provided 21. PacifiCorp in accordance with Standard Paragraph under the Centerior Open Access [Docket No. ER97–4201–000] E at the end of this notice. Transmission Tariff submitted for filing by the Federal Energy Regulatory Take notice that on August 15, 1997, 24. Union Electric Company PacifiCorp, tendered for filing in Commission in Docket No. OA96–204– accordance with 18 CFR Part 35 of the [Docket No. ER97–4204–000] 000. The proposed effective date under Commission’s Rules and Regulations, a Take notice that on August 15, 1997, the Service Agreement is July 1, 1997. Network Integration Transmission Union Electric Company (UE), tendered Comment date: September 18, 1997, Service Agreement between PacifiCorp’s for filing Service Agreements for Firm in accordance with Standard Paragraph Merchant Function and PacifiCorp’s Point-to-Point Transmission Services E at the end of this notice. Transmission Function under between UE and Commonwealth Edison 27. Georgia Power Company PacifiCorp’s FERC Electric Tariff, First Company, Delhi Energy Services, Inc., Revised Volume No. 11. Heartland Energy Services, Inc., Valero [Docket No. ER97–4207–000] Copies of this filing were supplied to Power Services Company and Virginia Take notice that on August 15, 1997, PacifiCorp’s Merchant Function, the Electric and Power Company. UE asserts Georgia Power Company filed a Notice 48646 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices of Cancellation of FERC Electric Tariff, 30. UtiliCorp United Inc. abandonment of a delivery point to the Original Volume No. 1 (Full [Docket No. ER97–4210–000] City of Dothan. The abandoned delivery Requirements Wholesale Service), as point will no longer be served under the Take notice that on August 15, 1997, amended. Georgia Power proposes to terms and conditions of the Amended UtiliCorp United Inc. tendered for filing cancel this rate schedule because there and Restated Agreement for Partial on behalf of its operating division, are no longer any full requirements Requirements Service and Missouri Public Service, a Service wholesale for resale customers who Complementary Services between Agreement under its Power Sales Tariff, purchase electric service pursuant to Alabama Power Company and the FERC Electric Tariff Original Volume this rate schedule. Since no full Alabama Municipal Electric Authority No. 10, with Equitable Power Services requirements purchasers would be dated June 16, 1994. Company. The Service Agreement affected by this action, Georgia Power Comment date: September 18, 1997, provides for the sale of capacity and requests that the cancellation be made in accordance with Standard Paragraph energy by Missouri Public Service to effective October 1, 1997. E at the end of this notice. Equitable Power Services Company Comment date: September 18, 1997, pursuant to the tariff, and for the sale of 33. Duke Power Company in accordance with Standard Paragraph capacity and energy by Equitable Power [Docket No. ER97–4214–000] E at the end of this notice. Services Company to Missouri Public Take notice that on August 15, 1997, 28. Gulf Power Company Service pursuant to Equitable Power Duke Power Company (Duke), tendered Services Company’s Rate Schedule No. [Docket No. ER97–4208–000] for filing a Transmission Service 1. Agreement between Duke, on its own Take notice that on August 15, 1997, UtiliCorp also has tendered for filing behalf and acting as agent for its wholly- Gulf Power Company filed a Notice of a Certificate of Concurrence by owned subsidiary, Nantahala Power and Cancellation of FERC Electric Tariff, Equitable Power Services Company. Light Company, and Florida Power Second Revised Volume No. 1, as UtiliCorp requests waiver of the Corporation (Transmission Customer), amended. Gulf Power proposes to Commission’s Regulations to permit the dated as of July 16, 1997 (TSA). Duke cancel this rate schedule because there Service Agreement to become effective states that the TSA sets out the are no longer any full requirements in accordance with its terms. transmission arrangements under which wholesale for resale customers who Comment date: September 18, 1997, Duke will provide the Transmission purchase electric service pursuant to in accordance with Standard Paragraph Customer non-firm point-to-point this rate schedule. Since no full E at the end of this notice. transmission service under Duke’s Pro requirements purchasers would be 31. UtiliCorp United Inc. Forma Open Access Transmission affected by this action, Gulf Power Tariff. Duke requests that the Agreement requests that the cancellation be made [Docket No. ER97–4211–000] be made effective as of July 16, 1997. effective October 1, 1997. Take notice that on August 15, 1997, Comment date: September 18, 1997, UtiliCorp United Inc., tendered for filing Comment date: September 18, 1997, in accordance with Standard Paragraph on behalf of its operating division, E at the end of this notice. in accordance with Standard Paragraph WestPlains Energy—Colorado, a Service E at the end of this notice. Agreement under its Power Sales Tariff, 34. The Detroit Edison Company 29. UtiliCorp United Inc. FERC Electric Tariff Original Volume [Docket No. ER97–4215–000] No. 11, with Equitable Power Services [Docket No. ER97–4209–000] Take notice that on August 15, 1997, Company. The Service Agreement The Detroit Edison Company (Detroit Take notice that on August 15, 1997, provides for the sale of capacity and Edison), tendered for filing a Service UtiliCorp United Inc. tendered for filing energy by WestPlains Energy—Colorado Agreement for wholesale power sales on behalf of its operating division, to Equitable Power Services Company transactions (the Service Agreement) WestPlains Energy-Kansas, a Service pursuant to the tariff, and for the sale of under Detroit Edison’s Wholesale Power Agreement under its Power Sales Tariff, capacity and energy by Equitable Power Sales Tariff (WPS–2), FERC Electric FERC Electric Tariff Original Volume Services Company to WestPlains Tariff No. 3 (the WPS–2 Tariff), between No. 12, with Equitable Power Services Energy—Colorado pursuant to Equitable Detroit Edison and Virginia Electric and Company. The Service Agreement Power Services Company’s Rate Power Company, dated as of July 14, provides for the sale of capacity and Schedule No. 1. 1997. Detroit Edison requests that the energy by WestPlains Energy-Kansas to UtiliCorp also has tendered for filing Service Agreement be made effective as Equitable Power Services Company a Certificate of Concurrence by of July 14, 1997. pursuant to the tariff, and for the sale of Equitable Power Services Company. Comment date: September 18, 1997, capacity and energy by Equitable Power UtiliCorp requests waiver of the in accordance with Standard Paragraph Services Company to WestPlains Commission’s regulations to permit the E at the end of this notice. Energy-Kansas pursuant to Equitable Service Agreement to become effective Standard Paragraph Power Services Company’s Rate in accordance with its terms. Schedule No. 1. Comment date: September 18, 1997, E. Any person desiring to be heard or in accordance with Standard Paragraph UtiliCorp also has tendered for filing to protest said filing should file a E at the end of this notice. a Certificate of Concurrence by motion to intervene or protest with the Federal Energy Regulatory Commission, Equitable Power Services Company. 32. Southern Company Services, Inc. 888 First Street, N.E., Washington, D.C. UtiliCorp requests waiver of the [Docket No. ER97–4213–000] 20426, in accordance with Rules 211 Commission’s regulations to permit the Take notice that on August 15, 1997, and 214 of the Commission’s Rules of Service Agreement to become effective Southern Company Services, Inc. (SCS), Practice and Procedure (18 CFR 385.211 in accordance with its terms. acting as agent for Alabama Power and 18 CFR 385.214). All such motions Comment date: September 18, 1997, Company (APCo), tendered for filing a or protests should be filed on or before in accordance with Standard Paragraph Delivery Point Specification Sheet dated the comment date. Protests will be E at the end of this notice. as of June 1, 1997, reflecting the considered by the Commission in Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48647 determining the appropriate action to be 5. Orange and Rockland Utilities, Inc. 8. Florida Power Corporation taken, but will not serve to make [Docket No. ER97–4263–000] [Docket No. ER97–4266–000] protestants parties to the proceeding. Any person wishing to become a party Take notice that on August 19, 1997, Take notice that on August 19, 1997, must file a motion to intervene. Copies Orange and Rockland Utilities, Inc. Florida Power Corporation tendered for of this filing are on file with the (Orange and Rockland), filed a Service filing a service agreement providing for Commission and are available for public Agreement between Orange and short-term service to Virginia Electric & inspection. Rockland and N, P. Energy, Inc. Power Company, pursuant to Florida (Customer). This Service Agreement Power’s Market-Based Wholesale Power Linwood A. Watson, Jr., specifies that Customer has agreed to Sales Tariff (MR–1) FERC Electric Tariff, Acting Secretary. the rates, terms and conditions of Original Volume No. 8. Florida Power [FR Doc. 97–24522 Filed 9–15–97; 8:45 am] Orange and Rockland Open Access requests that the Commission waive its BILLING CODE 6717±01±P Transmission Tariff filed on July 9, 1996 notice of filing requirements and allow in Docket No. OA96–210–000. the Service Agreement to become Orange and Rockland requests waiver effective on August 20, 1997. DEPARTMENT OF ENERGY of the Commission’s sixty-day notice Comment date: September 23, 1997, Federal Energy Regulatory requirements and an effective date of in accordance with Standard Paragraph Commission July 28, 1997 for the Service Agreement. E at the end of this notice. Orange and Rockland has served copies 9. Florida Power Corporation [Docket No. ER97±3880±000, et al.] of the filing on The New York State Public Service Commission and on the [Docket No. ER97–4267–000] Southern California Edison, Company, Customers. et al. Electric Rate and Corporate Take notice that on August 19, 1997, Comment date: September 23, 1997, Regulation Filings Florida Power Corporation (Florida in accordance with Standard Paragraph Power), tendered for filing a service September 9, 1997. E at the end of this notice. agreement providing for non-firm point- Take notice that the following filings 6. Orange and Rockland Utilities, Inc. to-point service to NESI Power have been made with the Commission: Marketing, Inc. (NESI), pursuant to its [Docket No. ER97–4264–000] open access transmission tariff. Florida 1. Southern California Edison Company Take notice that on August 19, 1997, Power requests that the Commission [Docket No. ER97–3880–000] Orange and Rockland Utilities, Inc. waive its notice of filing requirements Take notice that on August 21, 1997, (Orange and Rockland), filed a Service and allow the agreement to become Southern California Edison Company Agreement between Orange and effective on August 20, 1997. tendered for filing an amendment in the Rockland and Williams Energy Services Comment date: September 23, 1997, above-referenced docket. Company (Customer). This Service in accordance with Standard Paragraph Comment date: September 23, 1997, Agreement specifies that Customer has E at the end of this notice. agreed to the rates, terms and conditions in accordance with Standard Paragraph 10. Florida Power Corporation E at the end of this notice. of Orange and Rockland Open Access Transmission Tariff filed on July 9, 1996 [Docket No. ER97–4268–000] 2. Southern Indiana Gas & Electric in Docket No. OA96–210–000. Take notice that on August 19, 1997, Company Orange and Rockland requests waiver Florida Power Corporation (Florida [Docket No. ER97–3899–000] of the Commission’s sixty-day notice Power), tendered for filing a service Take notice that on August 20, 1997, requirements and an effective date of agreement providing for firm point-to- Southern Indiana Gas & Electric July 21, 1997 for the Service Agreement. point service to NESI Power Marketing, tendered for filing an amendment in the Orange and Rockland has served copies Inc. (NESI), pursuant to its open access above-referenced docket. of the filing on The New York State transmission tariff. Florida Power Comment date: September 23, 1997, Public Service Commission and on the requests that the Commission waive its in accordance with Standard Paragraph Customers. notice of filing requirements and allow E at the end of this notice. Comment date: September 23, 1997, the agreement to become effective on in accordance with Standard Paragraph August 20, 1997. 3. Infinite Energy, Inc. E at the end of this notice. Comment date: September 23, 1997, [Docket No. ER97–3923–000] in accordance with Standard Paragraph 7. Florida Power Corporation Take notice that on August 20, 1997, E at the end of this notice. [Docket No. ER97–4265–000] Infinite Energy, Inc., tendered for filing 11. Northern States Power Company an amendment in the above-referenced Take notice that on August 19, 1997, (Minnesota Company) docket. Florida Power Corporation, tendered for Comment date: September 23, 1997, filing a service agreement providing for [Docket No. ER97–4269–000] in accordance with Standard Paragraph short-term service to American Electric Take notice that on August 19, 1997, E at the end of this notice. Power, pursuant to Florida Power’s Northern States Power Company Market-Based Wholesale Power Sales (Minnesota) (NSP), tendered for filing a 4. Western Resources, Inc. Tariff (MR–1) FERC Electric Tariff, Non-Firm Point-to-Point Transmission [Docket No. ER97–4028–000] Original Volume No. 8. Florida Power Service Agreement and a Short-Term Take notice that on August 28, 1997, requests that the Commission waive its Firm Transmission Service Agreement Western Resources, Inc., tendered for notice of filing requirements and allow between NSP and Public Service filing an amendment in the above- the Service Agreement to become Electric and Gas Company. referenced docket. effective on August 20, 1997. NSP requests that the Commission Comment date: September 23, 1997, Comment date: September 23, 1997, accept both the agreements effective in accordance with Standard Paragraph in accordance with Standard Paragraph July 24, 1997, and requests waiver of the E at the end of this notice. E at the end of this notice. Commission’s notice requirements in 48648 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices order for the agreements to be accepted cancellation of an umbrella service Standard Paragraph for filing on the date requested. agreement with AYP Energy, Inc., for E. Any person desiring to be heard or Comment date: September 23, 1997, Firm Short-Term transmission service to protest said filing should file a in accordance with Standard Paragraph under FPL’s Open Access Transmission motion to intervene or protest with the E at the end of this notice. Tariff. Federal Energy Regulatory Commission, FPL requests that the proposed 888 First Street, N.E., Washington, D.C. 12. Wisconsin Public Service cancellation be permitted to become 20426, in accordance with Rules 211 Corporation effective on August 11, 1997. and 214 of the Commission’s Rules of [Docket No. ER97–4270–000] FPL states that this filing is in accordance with Part 35 of the Practice and Procedure (18 CFR 385.211 Take notice that on August 19, 1997, and 18 CFR 385.214). All such motions Wisconsin Public Service Corporation Commission’s Regulations. Comment date: September 23, 1997, or protests should be filed on or before (WPSC), tendered for filing an executed the comment date. Protests will be Transmission Service Agreement in accordance with Standard Paragraph E at the end of this notice. considered by the Commission in between WPSC and Wisconsin Power & determining the appropriate action to be Light Company. The Agreement 16. Atlantic City Electric Company taken, but will not serve to make provides for transmission service under protestants parties to the proceeding. the Open Access Transmission Service [Docket No. ER97–4275–000] Take notice that on August 20, 1997, Any person wishing to become a party Tariff, FERC Original Volume No. 11. must file a motion to intervene. Copies Comment date: September 23, 1997, Atlantic City Electric Company (Atlantic Electric), tendered for filing service of this filing are on file with the in accordance with Standard Paragraph Commission and are available for public E at the end of this notice. agreements under which Atlantic Electric will sell capacity and energy to inspection. 13. Wisconsin Public Service Entergy Power Marketing Corp. Lois D. Cashell, Corporation (Entergy), Promark Energy (Promark) Secretary. [Docket No. ER97–4271–000] and Market Responsive Energy, Inc. [FR Doc. 97–24523 Filed 9–15–97; 8:45 am] Take notice that on August 19, 1997, (MREI) under Atlantic Electric’s market- BILLING CODE 6717±01±P Wisconsin Public Service Corporation based rate sales tariff. Atlantic Electric (WPSC), tendered for filing an executed requests the agreement with MREI be ENVIRONMENTAL PROTECTION Transmission Service Agreement accepted to become effective on July 22, AGENCY between WPSC and itself. The 1997 and the agreements with Entergy Agreement provides for transmission and Promark be accepted to become service under the Open Access effective on August 20, 1997. [FRL±5892±9] Atlantic Electric states that a copy of Transmission Service Tariff, FERC the filing has been served on MREI, Original Volume No. 11. Meeting of the Ozone Transport Comment date: September 23, 1997, Promark and Entergy. Commission for the Northeast United Comment date: September 23, 1997, in accordance with Standard Paragraph States in accordance with Standard Paragraph E at the end of this notice. E at the end of this notice. AGENCY: Environmental Protection 14. MidAmerican Energy Company Agency (EPA). 17. Cinergy Services, Inc. ACTION: [Docket No. ER97–4272–000] Notice of meeting. [Docket No. ER97–4276–000] Take notice that on August 19, 1997, Take notice that on August 20, 1997, SUMMARY: The United States MidAmerican Energy Company Cinergy Services, Inc. (Cinergy), Environmental Protection Agency is (MidAmerican), 666 Grand Avenue, Des tendered for filing a service agreement announcing the Fall meeting of the Moines, Iowa 50309, submitted for filing under Cinergy’s Open Access Ozone Transport Commission to be held Firm Transmission Service Agreement Transmission Service Tariff (the Tariff) on September 19, 1997. with Wisconsin Power and Light entered into between Cinergy and This meeting is for the Ozone Company (WPL) dated August 1, 1997 Wabash Valley Power Association, Inc. Transport Commission to deal with and entered into pursuant to (WVPA). appropriate matters within the transport MidAmerican’s Open Access Cinergy and WVPA are requesting an region, as provided for under the Clean Transmission Tariff. effective date of August 15, 1997. Air Act Amendments of 1990. This MidAmerican requests an effective Comment date: September 23, 1997, meeting is not subject to the provisions date of August 1, 1997 for the in accordance with Standard paragraph of the Federal Advisory Committee Act, Agreement and, accordingly, seeks a E at the end of this notice. Public Law 92–463, as amended. waiver of the Commission’s notice 18. Cinergy Services, Inc. DATES: The meeting will be held on requirement. MidAmerican has served a September 19, 1997 from 9 a.m. to 3:30 copy of the filing on WPL, the Iowa [Docket No. ER97–4277–000] p.m. Utilities Board, the Illinois Commerce Take notice that on August 20, 1997, Commission and the South Dakota ADDRESSES: The meeting will be held at: Cinergy Services, Inc. (Cinergy), Sheraton Hotel and Conference Center, Public Utilities Commission. tendered for filing a service agreement Comment date: September 23, 1997, 250 Market Street, Portsmouth, NH under Cinergy’s Open Access 03801, (603) 431–2300. in accordance with Standard Paragraph Transmission Service Tariff (the Tariff) E at the end of this notice. entered into between Cinergy and FOR FURTHER INFORMATION CONTACT: 15. Florida Power & Light Company Aquila Power Corporation (Aquila). EPA: Cinergy and Aquila are requesting an [Docket No. ER97–4274–000] effective date of August 15, 1997. Susan Studlien, Region I, U.S. Take notice that on August 20, 1997, Comment date: September 23, 1997, Environmental Protection Agency, Florida Power & Light Company (FPL), in accordance with Standard Paragraph John F. Kennedy Federal Building, tendered for filing a proposed notice of E at the end of this notice. Boston, MA 02203, (617) 565–3800. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48649

THE STATE CONTACT: by EPA under sections 110 and 126 of to this Act be registered with the the Clean Air Act, and to discuss Agency, and that all such Host Agency: market-based programs to reduce establishments submit annual Kenneth Colburn, New Hampshire Dept. pollutants that cause ozone. production reports to the Agency. The of Environmental Services, 64 North John DeVillars, EPA regulations at 40 CFR part 167 Main Street, Caller Box 2033, Regional Administrator, EPA Region I. establish requirements concerning these Concord, NH 03302–2033, (603) 271– [FR Doc. 97–24549 Filed 9–15–97; 8:45 am] annual reports and the information that 1370. BILLING CODE 6560±50±P must be in annual reports (40 CFR FOR DOCUMENTS AND PRESS INQUIRIES 167.85). The regulations state that CONTACT: Stephanie A. Cooper, Ozone establishment registrations will be Transport Commission, 444 North ENVIRONMENTAL PROTECTION subject to termination if an annual Capitol Street, N.W., Suite 638, AGENCY report is not submitted (40 CFR Washington, DC 20001, (202) 508–3840 167.20(f)). e-mail: [email protected]. [FRL±5892±6] Notwithstanding the requirements SUPPLEMENTARY INFORMATION: The Clean Termination of Pesticide Producing identified above, no annual production Air Act Amendments of 1990 contain at Establishment's Registration reports were received from the section 184 provisions for the ‘‘Control establishments identified in this of Interstate Ozone Air Pollution.’’ AGENCY: Environmental Protection document in either 1996 or 1997. In Section 184(a) establishes an ozone Agency (EPA). addition, during the week of December transport region comprised of the States ACTION: Notice. 9–13, 1996, pesticide production of Connecticut, Delaware, Maine, reporting forms were mailed by first SUMMARY: This document announces the Maryland, Massachusetts, New class mail to each parent company Agency’s intention to terminate a Hampshire, New Jersey, New York, having responsibility for active number of pesticide producing Pennsylvania, Rhode Island, Vermont, pesticide producing establishments, establishment registrations 60 days parts of Virginia and the District of including the companies identified in following the date of publication of this Columbia. this document. The mailings sent to the document for failure to file annual The Assistant Administrator for Air last reported address of the companies pesticide production reports as required and Radiation of the Environmental identified in this document were by section 7 of the Federal Insecticide, Protection Agency convened the first returned unopened to the Agency, with Fungicide, and Rodenticide Act meeting of the commission in New York indications of ‘‘undeliverable’’ or (FIFRA). City on May 7, 1991. The purpose of the ‘‘address unknown’’ as the reason for Transport Commission is to deal with DATES: The list of domestic and foreign the return. Subsequent attempts to ground level oxone formation, transport, pesticide producing establishments locate a number of the identified and control within the transport region. appearing in this document will have companies and establishments were The purpose of this notice is to their establishment registration unsuccessful. The Agency is therefore announce that this Commission will terminated on November 17, 1997. hereby terminating, without further meet on September 19, 1997. The FOR FURTHER INFORMATION CONTACT: notice, the registrations of the identified meeting will be held at the address Domestic pesticide producing establishments pursuant to 40 CFR noted earlier in this notice. establishments should contact the EPA 167.20(f) for failure to submit the annual Section 176A(b)(2) of the Clean Air Regional office having jurisdiction for reports in 1996 and 1997. Act Amendments of 1990 specifies that the state where their parent company is Following termination of each the meetings of Transport Commissions located. A listing of the EPA Regional domestic pesticide producing are not subject to the provisions of the offices is included in this document. establishment’s registration, sale or Federal Advisory Committee Act. This Foreign pesticide producing distribution in the United States of any meeting will be open to the public as establishments should contact: Carol L. pesticide product produced in an space permits. Buckingham, United States establishment subsequent to the Type of Meeting: Open. Environmental Protection Agency, termination of that establishment’s Agenda: Copies of the final agenda Office of Enforcement and Compliance registration will be considered unlawful will be available from Stephanie Cooper Assurance, Agriculture and Ecosystems and a violation of section 12 of FIFRA, of the OTC office (202) 508-3840 (or by Division (2225A), 401 M Street, SW, punishable by civil and criminal e-mail: [email protected]) on Thursday, Washington, DC 20460 USA, telephone: penalties. This document will not September 11, 1997. The purpose of this 202–564–5008; Fax: 202–564–0085; e- preclude the Agency from seeking other meeting is to review air quality needs mail: buckingham- appropriate remedies necessary for within the Northeast and Mid-Atlantic [email protected]. compliance with FIFRA. States, including reduction of motor SUPPLEMENTARY INFORMATION: Section 7 Following termination of each foreign vehicle and stationary source air of FIFRA requires that all pesticide producing establishment’s pollution. The OTC is also expected to establishments that produce any registration, no pesticide product address issues related to the transport of pesticide or active ingredient used in produced in that establishment may be ozone into its region, including actions producing a pesticide, or device subject imported into the United States.

ENVIRONMENTAL PROTECTION AGENCY LIST OF EPA REGIONAL OFFICES AND RESPONSIBLE CONTACTS

EPA regional office States

U.S. EPA, Region I, Pesticides Section (SEA), J.F. Kennedy Federal Building, Boston, MA 02203±2211, CT, MA, ME, NH, RI, VT. ATTN: Lee Weller, Telephone: 617±565±9055. U.S. EPA, Region II, Pesticides Section (MS±240), 2890 Woodbridge Avenue, Building 209, BAYD, Edi- NJ, NY, PR, VI. son, NJ 08337±3679, ATTN: Mary Garnett, Telephone: 732±321±6691. 48650 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

ENVIRONMENTAL PROTECTION AGENCY LIST OF EPA REGIONAL OFFICES AND RESPONSIBLE CONTACTSÐContinued

EPA regional office States

U.S. EPA, Region III, Pesticides Section (3AT11), 841 Chestnut Building, Philadelphia, PA 19107± DE, DC, MD, PA, VA, WV. 4431, ATTN: Lisa Donahue, Telephone: 215±566±2062. U.S. EPA, Region IV, AFC Pesticides Section (P&TSB), 61 Forsyth Street, SW, Atlanta, GA 30303± AL, FL, GA, KY, MS, NC, SC, TN. 3104, ATTN: Jacqueline Wilkerson, Telephone: 404±562±9011. U.S. EPA, Region V, Pesticides & Toxics, Enforcement Section (DRT±14J), 77 West Jackson Blvd., IL, IN, MI, MN, OH, WI. Chicago, IL 60604±3590, ATTN: Pamela Grace, Telephone: 312±353±2833. U.S. EPA, Region VI, Pesticides Section (6PD±P), 1445 Ross Avenue, Dallas, TX 75202±2733, ATTN: AR, LA, NM, OK, TX. James Redd, Telephone: 214±665±7560. U.S. EPA, Region VII, Pesticides Branch (WWPD/PEST), 726 Minnesota Avenue, Kansas City, KS IA, KS, MO, NE. 66101, ATTN: Sandra Morrison, Telephone: 913±551±7614. U.S. EPA, Region VIII, Pesticides Section (ENF±PT), One Denver Place, Suite 500, 999 18th Street, CO, MT, ND, SD, UT, WY. Denver, CO 80202±2466, ATTN: Cornelia Maes, Telephone: 303±312±6049. U.S. EPA, Region IX, Pesticides Section (CMD±4±3), 75 Hawthorne Street, San Francisco, CA 94105, AZ, CA, HI, NV, AS, GU. ATTN: Glenda Dugan, Telephone: 415±744±1066. U.S. EPA, Region X, Pesticides Section (ECO±084), 1200 Sixth Avenue, Seattle, WA 98101, ATTN: AK, ID, OR, WA. Rella Abernathy, Telephone: 206±553±1970.

EPA Office and Responsible Contact for All Foreign Pesticide Producing Establishments United States Environmental Protection Agency, Office of Enforcement and Compliance Assurance, Office of Compliance, Agriculture and Ecosystems Division (2225A), 401 M Street, SW., Washington, DC 20460 USA, ATTN: Foreign Estab- lishment Report Data Technician, Telephone: 202–564–5008, Fax: 202–564–0085, e-mail: bucking- [email protected]

LIST OF DOMESTIC AND FOREIGN COMPANIES WITH SPECIFIC PESTICIDE-PRODUCING ESTABLISHMENTS TO BE TERMINATED

Domestic pesticide producing establishment number, name and site Domestic company name and mailing address address

EPA Region I Water Consultants Corporation, 10 Rugby Street, Stamford CT 06904 .. 054312±CT±001, Water Consultants Corporation, 10 Rugby Street, Stamford CT 06904. Advantage-1000, Alexander Enterprises, P.O. Box 876, Frostproof FL 057445±CT±001, Advantage-1000, 575 Broad Street, Bridgeport CT 33843. 06601. Rachel Systems, Inc., P.O. Box 8538, New Haven CT 06531 ...... 064620±CT±001, Rachel Systems, Inc., 1172 E. Main Street, Bridge- port CT 06608. Lo Tox Products Intl., Inc., P.O. Box 309, Riverdale NY 10471 ...... 0065445±CT±001, Lo Tox Products Intl., Inc., 955 Connecticut Ave- nue, Bridgeport CT 06607. W.F. Young, Inc., 111 Lyman Street, Springfield MA 01101 ...... 001543±MA±001, W.F. Young, Inc., 111 Lyman Street, Springfield MA 01101. Repel'M Distributors, Inc., 495 Post Road East, Westport CT 06880 ..... 048904±MA±001, Packaging Services, Inc., 168 Elm Street, Agawam MA 01001. Pest Management Supply, Inc., 311 River Drive, Hadley MA 01035 ...... 064618±MA±001, Pest Management Supply, Inc., 311 River Drive, Hadley MA 01035. Sidmar Enterprises, Inc., The Veritas Co, 2 Kleen Way, Holbrook MA 006831-MA±001, Sidmar Enterprises, The Veritas Co, 2 Kleen Way, 02343. Holbrook MA 02343. Lamont Labs, Inc., Grenier Field, Londonderry NH 03053 ...... 011762±NH±001, Lamont Labs, Inc., Grenier Field, Londonderry NH 03053. Horizons Unimited, 2314 Columbia Circle, Merrimack NH 03054 ...... 065388±NH±001, Horizons Unimited, 2314 Columbia Circle, Merrimack NH 03054. Dytex Chemical Co., Inc., 1280 High Street, Central Falls RI 02863 ...... 036394±RI±001, Dytex Chemical Co., Inc., 1280 High Street, Central Falls RI 02863. Anderson Consulting Services, 21 King Street, Burlington VT 05401 ..... 065870±VT±001, Anderson Consulting Services, 21 King Street, Bur- lington VT 05401. EPA Region II Seacoast Laboratories, Inc., Old Georges Road, P.O. Box 373, Dayton 001159±NJ±001, Seacoast Laboratories, Inc., Old Georges Road, Day- NJ 08810. ton NJ 08810. Unette Corp., 26 Eastmans Road, Parsippany NJ 07054 ...... 064053±NJ±001, Unette Corp., 26 Eastmans Road, Parsippany NJ 07054. EPA Region III C.M. Athey Paint Company, 1809 Bayard Street, Baltimore MD 21230 004794±MD±001, C.M. Athey Paint Company, 1809 Bayard Street, Baltimore MD 21230. Salt Service and Chemicals, Inc., 601 Chester Pike, Crum Lynne PA 014014±PA±001, Salt Service and Chemicals, Inc., 601 Chester Pike, 19022. Crum Lynne PA 19022. Universal Manufacturing & Distributing Co., 461 New Grove Street, 067875±PA±001, Universal Manufacturing & Distributing Co., 461 New Wilkes Barre PA 18702. Grove Street, Wilkes Barre PA 18702. Allcon, Incorporated, 2250 Charles City Road, Richmond VA 23231 ..... 063781±VA±001, Allcon, Incorporated, 2250 Charles City Road, Rich- mond VA 23231. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48651

LIST OF DOMESTIC AND FOREIGN COMPANIES WITH SPECIFIC PESTICIDE-PRODUCING ESTABLISHMENTS TO BE TERMINATEDÐContinued

Domestic pesticide producing establishment number, name and site Domestic company name and mailing address address

Plas-Chem Coatings Company, Inc., P.O. Box 7846, Portmouth VA 064920±VA±001, Plas-Chem Coatings Company, Inc., 3560 Elm Ave- 23707. nue, Portmouth VA 23704. Lim Laboratories, Inc., 3001 W Moore Street, Richmond VA 23230 ...... 066296±VA±001, Lim Laboratories, Inc., 3001 W Moore Street, Rich- mond VA 23230. EPA Region IV Siegel Enterprises Inc., DBA AAA Pool Patio, 8100 Park Boulevard, 044972±FL±001, Siegel Enterprises Inc., DBA AAA Pool Patio, 8100 Suite 601, Pinellas Park FL 34665. Park Boulevard, Suite 601, Pinellas Park FL 34665. A-Best Pool & Spa, Inc., 3535 SE Maricamp Road, #800, Ocala FL 052722±FL±001, A-Best Pool & Spa, Inc., 3535 SE Maricamp Road, 32671. #800, Ocala FL 32671. Muskie Pools, Inc., 10341 S Highway 441, Belleview FL 33420 ...... 054270±FL±001, Muskie Pools, Inc., 10341 S Highway 441, Belleview FL 33420. Sparkling H2O System, 10273 SW 186th Avenue, Dunnellon FL 34432 054646±FL±001, Sparkling H2O System, 10273 SW 186th Avenue, Dunnellon FL 34432. Port St. Lucie Wholesale, Pool Chem. Outlet, 1654 SE Walton Road, 055853±FL±001, Port St. Lucie Wholesale, Pool Chem. Outlet, 1654 Port St. Lucie FL 33452. SE Walton Road, Port St. Lucie FL 33452. Pool Specialists, Inc., 7604 Cortez Road West, Bradenton FL 34210 .... 055997±FL±001, Pool Specialists, Inc., 7604 Cortez Road West, Bra- denton FL 34210. H. Lehman Enterprises, DBA Cool Pool, 1100±62nd Avenue North 056463±FL±001, Cool Pool, 1100±62nd Avenue North Street, St. Pe- Street, St. Petersburg FL 33702. tersburg FL 33702. Ft Caroline Pool Supply, 5566 Fort Caroline Road, Jacksonville FL 057404±FL±001, Ft Caroline Pool Supply, 5566 Fort Caroline Road, 32211. Jacksonville FL 32211. Golden Isles Construction Co., Inc., 1525 N Ohio Street, Live Oak FL 061689±FL±001, Golden Isles Construction Co., Inc., 1525 N Ohio 32060. Street, Live Oak FL 32060. S.O.S. Pool Depot, P.O. Box 1042, Palm Harbor FL 34682 ...... 062134±FL±001, S.O.S. Pool Depot, 2112±A Sunnydale Boulevard, #21 & 23, Clearwater FL 34625. Designer Pools-Pool Supply, Inc., P.O. Box 521870, Longwood FL 062608±FL±001, Designer Pools-Pool Supply, Inc., 3653 Lake Emma 32752. Road, Lake Mary FL 32746. Clearwater Concepts, Inc., 5239 S. Dale Mabry, Tampa Fl 33611 ...... 063327±FL±001, Clearwater Concepts, Inc., 5239 S. Dale Mabry, Tampa Fl 33611. Maintenance Depot, Inc., 1295 SW 4th Avenue, Delray Beach FL 063617±FL±001, Maintenance Depot, Inc., 1295 SW 4th Avenue, Del- 33444. ray Beach FL 33444. Southern Pools, 2055 NE 140th Street, North Miami Beach Fl 33181 ... 063808±FL±001, Southern Pools, 2055 NE 140th Street, North Miami Beach FL 33181. North Florida Farm & Home Center, Rt. 1 Box 63A, Jennings FL 32053 064206±FL±001, North Florida Farm & Home Center, Rt. 1 Box 63A, Jennings FL 32053. Midgley's Hardware, Inc., 14185 Beach Boulevard, Jacksonville FL 064799±FL±001, Midgley's Do It Center, 14185 Beach Boulevard, 32250. Jacksonville FL 32250. Mainstream Industries, Inc., 2765 Business Center Boulevard, 064801±FL±002, Mainstream Industries, Inc., 2765 Business Center Melborne FL 32940. Boulevard, Melborne FL 32940. Wharco Ace Hardware, 13349 N Main Street, Jacksonville FL 32218 ... 064805±FL±001, Wharco Ace Hardware, 13349 N Main Street, Jack- sonville FL 32218. Norland Hardware, Inc., 651 NW 183rd Street, Miami FL 33169 ...... 065256±FL±001, Norland Hardware, Inc., 651 NW 183rd Street, Miami FL 33169. Greensource, Inc., 5910 Benjamin Center Drive, Suite 110, Tampa FL 065472±FL±001, Greensource, Inc., 5910 Benjamin Center Drive, 33634. Suite 110, Tampa FL 33634. B-J Marketers & Associates, 504 West Plantation Boulevard, Lake 065598±FL±001, B-J Marketers & Associates, 504 West Plantation Mary FL 32746. Boulevard, Lake Mary FL 32746. Geotechnical, Inc., 2256 Fellowship Road, Suite 204, Tucker GA 30084 065900±FL±001, Geotechnical, Inc., Route 2 Box 54, Bristol FL 32321. Poolside Supplies, 106 Thomas Drive, Panama City Beach FL 32408 .. 065951±FL±001, Poolside Supplies, 106 Thomas Drive, Panama City Beach FL 32408. Discount Pool Supplies, Tarpon Center, Unit E, 4880 Placida Road, 065953±FL±001, Discount Pool Supplies, Tarpon Center, Unit E, 4880 Englewood FL 34224. Placida Road, Englewood FL 34224. Pool Pal, Inc., P.O. Box 1141, Daytona Beach FL 32115 ...... 066393±FL±001, Pool Pal, Inc., 110 Jean Street, Daytona FL 32114. Discount Pool Maintainance, 2518 NW 2nd Avenue, Boca Raton FL 066402±FL±001, Discount Pool Maintainance, 2518 NW 2nd Avenue, 33432. Boca Raton FL 33432. Fhone Safe Marketing, Inc., 2765 Business Center Boulevard, Mel- 066506±FL±001, Fhone Safe Marketing, Inc., 2765 Business Center bourne FL 32940. Boulevard, Melbourne FL 32940. Pool Concepts, Inc., 5512 Silver Oak Drive, Ft. Pierce FL 33457 ...... 067105±FL±001, Pool Concepts, Inc., 1532 SE Village Green Drive, Port St. Lucie FL 33457. Yulee Pools, P.O. Box 517, Yulee FL 32097 ...... 067261±FL±001, Yulee Pools, A1A Highway Nassua Plaza, Yulee FL 32097. All About Pools, Inc., 3535 SE Maricamp Road, #800, Ocala FL 34471 067448±FL±001, All About Pools, Inc., 3535 SE Maricamp Road, #800, Ocala FL 34471. Byotron Technical Limited, 6041 Siesta Lane, Port Richey FL 34668 .... 067518±FL±001, Byotron Technical Limited, 6041 Siesta Lane, Port Richey FL 34668. Universal Services/Safe & Sure Products, 2705 S. Oakland Forest 067538±FL±002, J&S Chemicals, Inc., 705 Sammonds Road, Plant Drive, Suite 202, Oakland Park FL 33309. City FL 33567. Pool Depot By Jim Jensen, 10534 Wiles Road, Coral Springs FL 33067 067940±FL±001, Pool Depot By Jim Jensen, 10534 Wiles Road, Coral Springs FL 33067. 48652 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

LIST OF DOMESTIC AND FOREIGN COMPANIES WITH SPECIFIC PESTICIDE-PRODUCING ESTABLISHMENTS TO BE TERMINATEDÐContinued

Domestic pesticide producing establishment number, name and site Domestic company name and mailing address address

Surfside Spas & Recreation, Inc., 2316 S Atlantic Avenue, Daytona 068475±FL±001, Surfside Spas & Recreation, Inc., 2316 S Atlantic Av- Beach Shores FL 32118. enue, Daytona Beach Shores FL 32118. BBK Mfg., Inc., 3384 Mercantile Avenue, Unit G, Naples FL 33942 ...... 069160±FL±001, BBK Mfg., Inc., 3384 Mercantile Avenue, Unit G, Naples FL 33942. Amerisystems, Inc., 1734 Avenida Del Sol, Boca Raton FL 33432 ...... 069450±FL±001, Amerisystems, Inc., 1734 Avenida Del Sol, Boca Raton FL 33432. Lester Laboratories 2370 Lawrence Street, Atlanta GA 30344 ...... 000337±GA±001, Lester Laboratories 2370 Lawrence Street, Atlanta GA 30344. Morris±Bancroft Paper Co., Inc., 408 Community Road, Brunswick GA 036709±GA±001, Morris-Bancroft Paper Co., Inc., 408 Community 31520. Road, Brunswick GA 31520. Rich Health, P.O. Box 18258, Irvine CA 92713 ...... 043576±GA±001, Gimborn U.S. (DBA Gimborn Rich Health), 4280 Northeast Expressway, Atlanta GA 30340. Metro Pool Chemical of Atlanta 5994 Goshen Springs, Norcross GA 062330±GA±001, Metro Pool Chemical of Atlanta 5994 Goshen 30071. Springs, Norcross GA 30071. Thermodyne, Inc., 2370 Lawerence Street, Atlanta GA 30344 ...... 065309±GA±001, Thermodyne, Inc., 2370 Lawerence Street, Atlanta GA 30344. Trap Technologies, Inc., 112 S Main Street, Jonesboro GA 30236 ...... 066993±GA±001, R. J. Machinery, Inc., 3790 Browns Mill Road, SE, Atlanta GA 30354. United Chemical, Inc., 5578±A Export Boulevard, Garden City GA 067275±GA±001, United Chemical, Inc., 5578±A Export Boulevard, 31408. Garden City GA 31408. Valdosta Chemical & Paper, P.O. Box 1081, Valdosta GA 31603 ...... 067459±GA±001, Valdosta Chemical & Paper 1000 N Patterson, Val- dosta GA 31602. Bunton Seed Company 939 E Jefferson Street, Louisville KY 40206 ..... 004683±KY±001755, Bunton Seed Company 939 E Jefferson Street, Louisville KY 40206. FOD IND, Inc., DBA±MSC Technologies, P.O. Box 34203, Louisville 068713±KY±001, FOD IND, Inc., 4102 Bishop Lane, Louisville KY KY 40232. 40218. Allied Signal, Inc., Tar Products, P.O. Box 593, Fairfield AL 35064 ...... 000218±MS±001, Allied Signal, Inc., Caveham 2219 Cresote Road, Gulfport MS 39501. Frontier Laboratories, Inc., 1420 Cynthia Road, Clinton MS 39056 ...... 057100±MS±001, Frontier Laboratories, Inc., 1420 Cynthia Road, Clin- ton MS 39056. Silver Sprink, Inc., P O Box 1353, Greenville NC 27834 ...... 051070±NC±001, Silver Sprink, Inc., 205 Commerce Street, Suite C, Greenville NC 27834. Chem Designs, PO Box 1420, Hwy NC 151, Candler NC 28715 ...... 056210±NC±001, Diversified Labs, Inc., PO Box 1420, Hwy NC 151, Candler NC 28715. PSC Associates, Inc., 401 Dean Street, Winston Salem NC 27101 ...... 065129±NC±001, PSC Associates, Inc., 401 Dean Street, Winston Salem NC 27101. Pinex, Inc., PO Box 246, Simpsonville SC 29681 ...... 066906±SC±001, Pinex, Inc., 1 Main Street, Piedmont SC 29673. Maintenance Products, Inc., P.O. Box 750306, Memphis TN 38175 ...... 007389±TN±001, Maintenance Products, Inc., 5744 Shelby Drive, Memphis TN 38115. Morgan International Products, Inc., 519 W Webb Road, Eagleville TN 056750±TN±001, 519 W Webb Road, Eagleville TN 37060. 37060. Eco-Tech, Inc., 4170 Getwell Road, Memphis TN 38118 ...... 067133±TN±001, Eco-Tech, Inc., 4170 Getwell Road, Memphis TN 38118. EPA Region V Good-Way Insecticide, Inc., P.O. Box 276, Wheeling IL 60090 ...... 002006±IL±001, Good-Way Insecticide, Inc., 3425 W Dempster, Skokie IL 60076. Twinoak Products, Inc., 12127B Galena Road, Plano IL 60545 ...... 010876±IL±001, Twinoak Products, Inc., 12127B Galena Road, Plano IL 60545. J±B Exterminating Service, 2036 East 79th Street, Chicago IL 60649 ... 032984±IL±001, J±B Exterminating Service, 2036 East 79th Street, Chicago IL 60649. Kaye Contract Packaging, 340 East 138th Street, Chicago IL 60627 ..... 033596±IL±001, Kaye Contract Packaging, 340 East 138th Street, Chi- cago IL 60627. Kaye Contract Packaging, 340 East 138th Street, Chicago IL 60627 ..... 033596±IL±004, Kaye Contract Packaging, 344 East 136th Place, Chi- cago IL 60627. Friendly Oaks Garden Center, 5501 W 159th Street, Oak Forest IL 040930±IL±001, Friendly Oaks Garden Center, 5501 W 159th Street, 60452. Oak Forest IL 60452. Dewill, Inc., 766±768 Industrial Drive, Elmhurst IL 60126 ...... 041981±IL±001, Dewill, Inc., 766±768 Industrial Drive, Elmhurst IL 60126. Nu-Way Products, 5927 S Western Avenue, Chicago IL 60636 ...... 044405±IL±001, Nu-Way Products, 5927 S Western Avenue, Chicago IL 60636. Gift Cosmetics, Inc., 1690 Fabyan Parkway, Batavia IL 60510 ...... 045713±IL±001, Gift Cosmetics, Inc., 1690 Fabyan Parkway, Batavia IL 60510. RMR, Inc., 1240 Harrison Avenue, Rockford IL 61108 ...... 047897±IL±001, RMR, Inc., 1240 Harrison Avenue, Rockford IL 61108. Paumer, Inc., P.O. Box 462, Effingham IL 62401 ...... 048738±IL±001, Paumer, Inc., RR2 Box 1404, Effingham IL 62401. RHO Chemical Co., Inc., 320 N. Michigan Avenue, Chicago IL 60601 .. 053348±IL±001, RHO Chemical Co., Inc., Industry Avenue, Joliet IL 60434. Sullivan Brothers Fertilizer & Chemical, 1332 E Adams Street, Macomb 055677±IL±001, Sullivan Brothers Fertilizer & Chemical, East Side of IL 61455. Route 13, Adair IL 61411. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48653

LIST OF DOMESTIC AND FOREIGN COMPANIES WITH SPECIFIC PESTICIDE-PRODUCING ESTABLISHMENTS TO BE TERMINATEDÐContinued

Domestic pesticide producing establishment number, name and site Domestic company name and mailing address address

Sullivan Brothers Fertilizer & Chemical, 1332 E Adams Street, Macomb 055677±IL±002, Sullivan Brothers Fertilizer & Chemical, RR 3, IL 61455. Macomb IL 61455. New Day Products, Inc., 2257 E 199th Street West, Lynwood IL 60411 057985±IL±001, New Day Products, Inc., 2251 E 199th Street West, Lynwood IL 60411. General Organics, Inc., 2304 Festin Avenue, Wheeling IL ...... 062768±IL±001, General Organics, Inc., 4041 W Ogden Avenue, Chi- cago IL 60623. Stampede Inst. Corp., 3215 S 59th Avenue, Cicero IL 60650 ...... 063729±IL±001, Stampede Inst. Corp., 3215 S 59th Avenue, Cicero IL 60650. Unique Pack, Inc., 14032 S Kostner, Crestwood IL 60445 ...... 064534±IL±001, Unique Pack, Inc., 14032 S Kostner, Crestwood IL 60445. Hammond Technologies, Inc., P.O. Box 68310, Indianapolis IN 46268 048017±IN±001, Hammond Technologies, Inc., 4220 Saguaro Trail, In- dianapolis IN 46268. Mesa Chemical, Inc., P.O. Box 31197, Indianapolis IN 46231 ...... 065261±IN±001, Mesa Chemical, Inc., 2629 W Walnut Street, Indian- apolis IN 46222. Erin American Ltd., Fort Harrison Industrial Park, 3902 4th Parkway, 066697±IN±001, Erin American Ltd., Fort Harrison Industrial Park, Terre Haute IN 47804. 1320 Savannah Avenue or 3902 4th Parkway, Terre Haute IN 47804. Korex Company, P.O. Box 175, Wixon MI 48096 ...... 034470±MI±001, Korex Company, 50000 W Pontiac Trail, Wixon MI 48096. Davco Manufacturing Corp., P.O. Box 2327, Ann Arbor MI 48106 ...... 064455±MI±001, Davco Manufacturing Corp., 1600 Woodland Drive North, Saline MI 48176. Autumn Environmental, 1321 Orleans #1109, Detroit MI 48207 ...... 065276±MI±001, Autumn Environmental, 1321 Orleans #1109, Detroit MI 48207. Skogen Propagation Supply, 14109 Cleveland, Spring Lake MI 49456 .. 068080±MI±001, Skogen Propagation Supply, 17367 Lake Michigan D, West Olive MI 49460. Viking Laboratories, Inc., 78117 Elm Street, NE, Minneapolis MN 039395±MN±001, Viking Laboratories, Inc., 7905 Beech Street, NE, 55432. Minneapolis MN 55432. Converter Tech, 137 S Robert Street, St. Paul MN 55107 ...... 063456±MN±001, Converter Tech, 137 S Robert Street, St. Paul MN 55107. Water & Air Purification Corp., 300 S Owasso Boulevard, St. Paul MN 067626±MN±002, Bowman Industrial, 5th Street, Kennedy MN 56733. 55117. Spectrum Pharmaceuticals, P.O. Box 6271, Minneapolis MN 55406 ..... 068079±MN±001, Spectrum Pharmaceuticals, 4525 Hiawatha Avenue, Minneapolis MN 55406. Henkel Corp., R. T. Betz, 11500 N Lake Drive, Cincinnati OH 45249 .... 002302±OH±001, Henkel Corp., 5051 Estecreek Road, Cincinnati OH 45232. Andrews Chemical Products, P.O. Box 32, Pataskala OH 43062 ...... 009163±OH±001, Andrews Chemical Products, Broad Street, SW 7889, Pataskala OH 43062. American Water Science, 1741 Cleveland Avenue, Columbus OH 013604±OH±001, American Water Science, 1601 Woodland Avenue, 43211. Columbus OH 43219. K & S Allpurpose Products, 499 Bonham Avenue, Columbus OH 43211 040565±OH±001, K & S Allpurpose Products, 499 Bonham Avenue, Columbus OH 43211. Defiance Landmark, Inc., 632 Perry Street, Defiance OH 43512 ...... 055660±OH±002, Defiance Landmark, Inc., Farm Bureau Street, Sher- wood OH 43556±0507. Defiance Landmark, Inc., 632 Perry Street, Defiance OH 43512 ...... 055660±OH±003, Defiance Landmark, Inc., 501 Railroad Street, Hicks- ville OH 43526. HJP, Inc., 121 W High Street, Lima OH 45801 ...... 061593±OH±001, HJP, Inc., 5205 W Hume/Home Road, Lima OH 45806. Bugless, Inc., Box 161, Cleveland OH 44139 ...... 068476±OH±001, Bugless, Inc., 1223ÐA Norton Road, Hudson OH 44236. Guth Corp., 551 Granville Avenue, Hillside IL 60162 ...... 011275±WI±001, Guth Corp., 7405 Sleepy Hollow, West Bend WI 53095. Green-Rock FS Coop, 1619 14th Avenue, Monroe WI 53566 ...... 040677±WI±003, Green-Rock FS Coop, W664 Highway 81, Brodhead WI 53520. Swimchem, Inc., 1702 Yout Street, Racine WI 53403 ...... 043521±WI±001, Swimchem, Inc., 1101 Mound Avenue, Racine WI 53406. Brite Chemical Co., W220 N 1531 Jericho Court #E, Waukesha WI 047202±WI±001, Brite Chemical Co., W220 N 1531 Jericho Court #E, 53186. Waukesha WI 53186. A±Z Farm Centers, 321 S Water Street, Watertown WI 53094 ...... 048015±WI±003, A to Z Farm Center, Inc., N9008 Cty Tke, Watertown WI 53094. Merisco, Inc., 4811 W. Woolworth Avenue, Millwaukee WI 53218 ...... 067127±WI±001, Merisco, Inc., 5400 W Brown Deer Road, Brown Deer WI 53223. Lee Hahn Fertilizer, Inc., 9701 E County Road X, Clinton WI 53525 ..... 069210±WI±001, Lee Hahn Fertilizer, Inc., 11029 E County Road X, Clinton WI 53525. EPA Region VI Marks Supply Co., PO Box 0042, Gretna LA 70054 ...... 061851±LA±001, Marks Supply Co., 317 Grefer Lane, Harvey LA 70059. Glinton Corp., 14 Inverness Drive E, Suite G±120, Englewood CO 068162±LA±001 Woolard, Inc., 5903 I 49 S Service Road, Opelousas 80112. LA 70570. 48654 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

LIST OF DOMESTIC AND FOREIGN COMPANIES WITH SPECIFIC PESTICIDE-PRODUCING ESTABLISHMENTS TO BE TERMINATEDÐContinued

Domestic pesticide producing establishment number, name and site Domestic company name and mailing address address

Lepo Custom Manufacturing, Inc., 5055 W Industrial, Midland TX 060000±TX±001 Lepo Custom Mfg., Inc., 4503 W Industrial, Midland 79703. TX 79703. Classic Mfg., 5007 Martin Luther King Freeway, Fort Worth TX 76119 .. 066897±TX±001, Classic Mfg., 5007 Martin Luther King Freeway, Fort Worth TX 76119. Region VII Rohpak Packaging & Assembly Co., RR 1, Box 341, West Liberty IA 054375±IA±001, Rohpak Packaging & Assembly Co., RR 1, Box 341, 52776. West Liberty IA 52776. Coles Farm Store, 520 Maple, Chetopa KS 67336 ...... 062859±KS±001, Coles Farm Supply, Inc., Highway 59 North, Chetopa KS 67336. CO±OP Inc, 101 Co-op Street, Kingsdown KS 67858 ...... 067288±KS±001, 101 Co-op Street, Kingsdown KS 67858. Louisiana-Pacific Corp., 2001 Hitzert Court, Fenton MO 63026 ...... 064276±MD±001, Louisiana-Pacific Corp., 8679 Greenwood Place, Savage MD 20763 Blue Diamond Pool Service, Inc, 1344 Jeffco Boulevard, Arnold MO 047266±MO±001, Blue Diamond Pool Service, Inc, 1344 Jeffco Boule- 63010. vard, Arnold MO 63010. NP Industries, Inc., 5017 S 38th Street, St Louis MO 63116 ...... 058633±MO±001, NP Industries, Inc., 5017 S 38th Street, St Louis MO 63116. D & R Farm Supply, RR 2 Box 9, Galt MO 64641 ...... 064790±MO±001, D & R Farm Supply, RR 2 Box 9, Galt MO 64641. Circle 76 Fert., Inc., P.O. Box 370, Long Pine NE 69217 ...... 052729±NB±001, Coash, Inc., 256 W 1st, Long Pine NE 69217. EPA Region VIII Gas Purification Systems, 700 W Mississippi, # C1, Denver CO 80223 054557±CO±001, Gas Purification Systems 700 W Mississippi, #C1, Denver CO 80223. Virochem, 6660 Delmonico Drive, Suite D±180, Colorado Springs CO 066339±CO±001, Virochem 40 D Mountview Lane, Rockrimmon CO 80919. 80907. Vestra Intl., Inc., 106 W 500 S #105, Bountiful UT 84010 ...... 068277±UT±001, Vestra Intl., Inc., 106 W 500 S #105, Bountiful UT 84010. EPA Region IX Person-Hickrill Laboratories, 9004 N 56th Avenue, Glendale AZ 85302 002767±AZ±001, Person-Hickrill Laboratories, 9004 N 56th Avenue, Glendale AZ 85302. Patterson Laboratories, Inc., 3505 W Grand River, Howell MI 48843 .... 008740±AZ±001, Patterson Laboratories, Inc., 4940 W Jefferson Bou- levard, Phoenix AZ 85043. Action Chemical Company 1225 South 7th Street, Phoenix AZ 85034 .. 036022±AZ±001, Action Chemical Company, Inc., 1225 South 7th Street, Phoenix AZ 85034. Halex, Inc., 14435 N Scottsdale Road, Scottsdale AZ 85254 ...... 049730±AZ±001, Halex, Inc., 14435 N Scottsdale Road, Scottsdale AZ 85254. Alpha Chem 1897 N Acoma, Lake Havasu City AZ 86403 ...... 053146±AZ±001, Alpha Chem, 1570 Copper Lane, Lake Havasu City AZ 86403. Gainor Mfg. Co., Inc., P.O. Box 50082, Phoenix AZ 85076 ...... 062092±AZ±001, Gainor Mfg. Co., Inc., 116 N Roosevelt, #131, Chan- dler AZ 85226±3411. Moyer Chemical, P.O. Box 54340, Fresno CA 93755 ...... 005967±CA±001, Moyer Products, Inc., 5427 East Central Avenue, Fresno CA 93725. Moyer Chemical, P.O. Box 54340, Fresno CA 93755 ...... 005967±CA±003, Moyer Products, Inc., 206 Salinas Road, Watsonville CA 95076. Moyer Chemical, P.O. Box 54340, Fresno CA 93755 ...... 005967±CA±004, Moyer Chemical Company, 2652 Big Valley Road, Lakeport CA 95453. Moyer Chemical, P.O. Box 54340, Fresno CA 93755 ...... 005967±CA±006, Moyer Products, Inc., 2375 Clark Road, El Centro CA 92244. Moyer Chemical, P. O. Box 54340, Fresno CA 93755 ...... 005967±CA±007, Moyer Products, Inc., 5741 East Central Avenue, Fesno CA 93725. California Veterinarian Research Lab, 1836 E Walnut Avenue, Pasa- 008334±CA±001, California Veterinarian Research Lab, 595 E Colo- dena CA 91107. rado Boulevard, Pasadena CA 91101. J. B. Sebrell Company, 365 Central Avenue, Los Angeles CA 90013 .... 008454±CA±001, J. B. Sebrell Company, 365 Central Avenue, Los An- geles CA 90013. Willard Products Division, P.O. Box 249, Redwood City CA 94064 ...... 009639±CA±001, Willard Products, 70 Chemical Way, Redwood City CA 94063. M E Parks Enterprises, Inc., P.O. Box 802, Fallbrook CA 92028 ...... 013765±CA±001, M E Parks Enterprises, Inc., 230 S Stagecoach Lane, Fallbrook CA 92028. Aerosol West, P.O. Box 5103, Ventura CA 93005 ...... 035988±CA±001, Aerosol West 2595 Katherine Avenue, Ventura CA 93003. Pro-Tec Chemical Co., 1555 Burke Avenue, San Francisco CA 94124 038512±CA±001, Pro-Tec Chemical Co., 1463 Davidson Avenue, San Francisco CA 94124. Cordova Laboratories, 13177 Foothill Boulevard, Sylmar CA 91342 ...... 038798±CA±001, Cordova Laboratories, 13177 Foothill Boulevard, Sylmar CA 91342. Bye Fly Company, 819 Summerhill Court, Encinitas CA 92024 ...... 039552±CA±001, Bye Fly Company, 3516 Calle Gavanzo, Carlsbad CA 92009. Waterworth, 1900 Pulman Lane, Redondo Beach CA 92078 ...... 043099±CA±001, Waterworth, 15223 Grevillea, Lawndale CA 90260. Ultra Dynamics Corporation, 1631 10th Street, Santa Monica CA 90404 045519±CA±001, Ultra Dynamics Corporation, 16559 Saticoy Street, Van Nuys CA 91406±1739. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48655

LIST OF DOMESTIC AND FOREIGN COMPANIES WITH SPECIFIC PESTICIDE-PRODUCING ESTABLISHMENTS TO BE TERMINATEDÐContinued

Domestic pesticide producing establishment number, name and site Domestic company name and mailing address address

Trevor Chemicals & Engineering, 1565±A, Scenic Avenue, Costa Mesa 045779±CA±001, Trevor Chemicals & Engineering, 1048 Irvine Avenue CA 92626. #462, New Port Beach CA 92660. Pure Sure, 21339 Nordhoff Street, Chatsworth CA 91311 ...... 046869±CA±001, Pure Sure, 9200 Deering Avenue, Chatsworth CA 91311. Beneficial BioSystems, Inc., P.O. Box 8461, Emeryville CA 94662 ...... 047083±CA±001, Beneficial BioSystems, Inc., 1129 32nd Street, Oak- land CA 94608. Super Chem Corp., 4095 Leaverton Court, Anaheim CA 92651 ...... 048720±CA±001, Super Chem Corp., 4095 Leaverton Court, Anaheim CA 92651. D & F Control Systems, Inc., 3401 Crow Canyon Road, Suite 110, San 049840±CA±001, D & F Control Systems, Inc., 3401 Crow Canyon Ramon CA 94583. Road, Suite 110, San Ramon CA 94583. Loomis National Marketing, Inc., P.O. Box 258, North Hollywood CA 050589±CA±001, Loomis National Marketing, Inc., 1128 Olympic Drive, 91601. Corona CA 91719. Guard-Rite, 5216 Chakemco Street, Southgate CA 90280±6645 ...... 051014±CA±001, Guard-Rite, 5216 Chakemco Street, Southgate CA 90280±6645. Johnson Chemsource, Inc., 16057±61 W Foothill Boulevard, Irwindale 056156±CA±001, Johnson Chemsource, Inc., 16057±61 W Foothill CA 91702. Boulevard, Irwindale CA 91702. Bi-Pro Industries, Inc., P.O. Box 998 845, El Segundo CA 90245 ...... 057075±CA±001, Bi-Pro Industries, Inc., 1507 N Boundy Drive, Los Angeles CA 90049. Phaeton Corp., 17910 La Salle Avenue, Gardena CA 90248 ...... 057122±CA±001, Phaeton Corp., 17910 La Salle Avenue, Gardena CA 90248. Townsend Chemical, Inc., 42028 Osgood Road, Fremont CA 94539 .... 059172±CA±001, Aqua Chlor, 42028 Osgood Road, Fremont CA 94539. Townsend Chemical, Inc., 42028 Osgood Road, Fremont CA 94539 .... 059172±CA±003, Aqua Chlor, 455 Coleman Avenue, San Jose CA 95110. Townsend Chemical, Inc., 42028 Osgood Road, Fremont CA 94539 .... 059172±CA±004, Aqua Chlor, 22586 S Moffat Road, Ripon CA 95366. Townsend Chemical, Inc., 42028 Osgood Road, Fremont CA 94539 .... 059172±CA±005, Aqua Chlor, Altamont Pass Road, Traly CA 95376. Exhart Company, 9851 Owensmouth Avenue, Chatsworth CA 91311 ... 060045±CA±001, Exhart Company, 6758 Eton Avenue, Canoga Park CA 91305. Reflect, Inc., 3100 Kerner Boulevard, San Rafael CA 94901 ...... 062337±CA±001, Reflect, Inc., 3100 Kerner Boulevard, San Rafael CA 94901. Technozone (Ozone Technology), 239 Poppy Avenue, Corona Del Mar 063752±CA±001, Technozone, 4606 Roxbury Road, Corona Del Mar CA 92625. CA 92625±3021. Nature's Choice, 17709 Crabb Lane, Huntington Beach CA 92647 ...... 63897±CA±001, Nature's Choice, 17709 Crabb Lane, Huntington Beach CA 92647. Yellowjacket Extermination Specialist, 624 Villanova Drive, Davis CA 064200±CA±001, Yellowjacket Extermination Specialist, 624 Villanova 95616. Drive, Davis CA 95616. R & R Cosmetics, Inc., 15131 Nelson Avenue, # A, La Puente CA 064399±CA±001, R & R Cosmetics, Inc., 17749 E Valley Boulevard, 91744±4334. City of Industry CA 91744. Professional Energizing Products, 72±096 Dunham Way, Suite E, 065259±CA±001,Professional Energizing Products, 72±096 Dunham Thousand Palms CA 92276. Way, Suite E, Thousand Palms CA 92276. Roach Rid, Inc., 9528±35 Miramar Road, San Diego CA 92126±4533 .. 065505±CA±001, Roach Rid, Inc., 9528±35 Miramar Road, San Diego CA 92126±4533. Capitol Packaging, Inc., 11287 Sunrise Park Drive, Rancho Cordova 065634±CA±001, Capitol Packaging, Inc., 11287 Sunrise Park Drive, CA 95742. Rancho Cordova CA 95742. Leo's Products, Inc.. 4156 E Pacific Way. Los Angeles CA 90023 ...... 066681±CA±001, Leo's Products, Inc., 4156 E. Pacific Way, Los Ange- les CA 90023. Triox, 6918 Sierra Court, Dublin CA 94568 ...... 066769±CA±001,Triox, 6918 Sierra Court, Dublin CA 94568. Villapark Electronics, USA, 1612 N Spurgeon Street, Santa Ana CA 068052±CA±001, Villapark Electronics, USA, 1612 N Spurgeon Street, 92701. Santa Ana CA 92701. Associated Products, 1180 E 9th Street, B±3, San Bernardino CA 068507±CA±001, Associated Products, 1180 E 9th Street, B±3, San 92410.. Bernardino CA 92410 Bondtite-Hawaii, Inc., 740 Ahua Street, Honolulu HI 96819 ...... 059269±HI±001, Bondtite-Hawaii, Inc., 740 Ahua Street, Honolulu HI 96819. Total Systems, Inc., 3049 Rigel Avenue, Las Vegas NV 89102 ...... 041307±NV±001, Total Systems, Inc., 3049 Rigel Avenue, Las Vegas NV 89102. EPA Region X (NO LISTINGS)

Foreign pesticide producing establishment number, name, and site ad- Foreign company name and mailing address dress

Ascona SA, C/O American Cyanamid, 697 Route 46, Clifton NJ 07015 062389±AG±001, Ascona S.A., 3200 Concordia, Sarmiento 735, Bue- nos Aires Argentina. Protex S.A., Vaartdijk 40, Antwerpen (Deurne), Belgium ...... 017028BL±001, Protex S.A., Vaartdijk 40, Antwerpen (Deurne), Bel- gium. Shell Brasil (Petroleo) QA. 21, AV. Pres. Juscelino Kubitschek 1830, 048386±BR±001, Shell Brasil (Petroleo) QA. 21, AV. Pres Juscelino SAO Paulo 94543, Brazil. Kubitschek 1830, Sao Paulo 04543, Brazil. Alex Milne Associates Ltd., 376 Orenda Rd. E., Brampton, Ontario, 052614±CN±001, Alex Milne Associates Ltd., 376 Orenda Road, East, Canada L6T1G1. Brampton, Ontario, Canada L6T1G1. 48656 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Foreign pesticide producing establishment number, name, and site ad- Foreign company name and mailing address dress

Ozonex International Technology Corp., 1050 Salk Road, Pickering, 066608±CN±001, Ozonex International Technology Corp., 1050 Salk Ontario, Canada. Road, Pickering, Ontario, Canada. Bionaire, Inc., Bionaire Corporation 90 Boroline Road, Allendale NJ 066740±CN±001, Bionaire, Inc., 2000 32nd. Avenue, Lachine, Quebec, 07401. Canada. Minera La Florida, Miarador Azul 224, Santiago Chl, Pasaje Mendez 057743±CH±001, Minera La Florida, Miarador Azul 224, Santiago, 589, Copiapo, Chile. Chile. March Chemicals Co. Ltd., 18A Qing Feng Xin Cun, Hangzhou- 068459±CHN±001, Qianjiang Biochemistry Co. Ltd., South of Xiashi Zhejiang 3L0013, Japan 310013000. Town Haining, Zhejiang, China. NEDI 12 Rue Du Port De La Celle, Saint Mammes 77670, France ...... 065493±FR±001, NEDI 12 Rue Du Port De La Celle, Saint Mammes 77670, France. Waterlife Res., C/O R. Herdegan, Repres., 3839 Oakhills, Birmingham 058211±EN±001, Waterlife Res., 476, Bath Rd. Longford, W. Drayton MI 48010. Mx UB7OED, Great Britian. Nihon Dennetsu Co. Ltd., 1±1, 1±Chome, Omori-Nishi, Ota-Ku, Tokyo, 046050±JP±001, Nihon Dennetsu Co.ÐMatsukawa Plant, 5268 Japan. Morishige Aza, Matsukawa-Mura, Kita Azumi-Gun, Naga, Japan. March Chemicals Co. Ltd., 18A Qing Feng Xin Cun, Hangzhou- 068459±JPN±001, March Chemicals Co. Ltd., 18A Qing Feng Xin Cun, Zhejiang 3L0013, Japan 310013000. Hangzhou±Zhejiang 3L0013, Japan 310013000. Protexa, S.A., C/O Gatill Corp, 601 N. Shepherd Suite 340, Houston 050676±MX±001, Protexa, S.A., Apdo 1141, Monterrey, Nuevo Leon, TX 77007. Mexico. Agroquimicas EQ, C/O Bruce Knoblock, 11741 E Tanque, Tuszon AZ 054675±MX±001, Agroquimicas Y Equipos Sa De Cv, Av. Jose 85749. Escandon Y Helguera Cruz N 5, H. Matamoros, Tam, Mexico. Tacna International, Inc., 1465Ð30th Street, Suite C, San Diego, CA 062939±MX±001, Tacna International, Inc., Romano No. 304±F, La 92154. Mesa BC Tijuana, Mexico. Crystalene (FE), C/O Eviro±San 22 River Street, Braintree MA 02184± 058920±SI±001, Crystalene (FE) Water Treatment Pte., Ltd., 27 Tuas 3235. Avenue, 13 # 01±20, Singapore 2263 Singapore. Norbrook America, Inc., 20510 Earlgate Street, Walnut CA 91789 ...... 018030±IR±001, Norbrook Laboratories Ltd., Rossmore Industries Es- tate, Monaghan Ireland.

Authority: 7 U.S.C. 136 landfills (MSWLFs) in Indian Country Municipal Solid Waste Landfills in List of Subjects with options for meeting the EPA Indian Country’’ until November 30, regulations found in 40 CFR part 258 1997. Environmental Protection, Pesticides, which establish federal requirements for ADDRESSES: Commenters must send an Pesticide Company, Pesticide Producing MSWLFs. States with EPA approved original and two copies of their Establishment, Pesticide Producing permit programs have the authority to comments referencing docket number Establishment Registration, FIFRA allow MSWLF owners and operators to F–97–SSSA–FFFFF to: RCRA Docket section 7, Reporting and Recordkeeping use flexible approaches to meet the Information Center, Office of Solid requirements, Devices, and Production MSWLF performance requirements, Waste (5305G), U.S. Environmental Reports. provided these alternative approaches Protection Agency Headquarters (EPA, Dated: September 10, 1997. protect human health and the HQ), 401 M Street, SW, Washington, DC David Dull, environment. The process described in 20460. Hand deliveries of comments Acting Director, Agriculture and Ecosystems this draft guidance document provides should be made to the Arlington, VA, Division, Office of Compliance, Office of that identical opportunity to owners and address listed below. Comments may Enforcement and Compliance Assurance. operators in Indian Country. also be submitted electronically by [FR Doc. 97–24550 Filed 9–15–97; 8:45 am] This guidance is intended to assist sending electronic mail through the owners and operators of MSWLFs in BILLING CODE 6560±50±P Internet to rcra-docket@epamail. Indian Country to develop and submit epa.gov. Comments in electronic format site-specific requests for flexibility in should also be identified by the docket ENVIRONMENTAL PROTECTION meeting 40 CFR part 258 criteria. Site- number F–97–SSSA–FFFFF. All AGENCY specific flexibility can allow owners and electronic comments must be submitted operators in Indian Country cost- in an ASCII file avoiding the use of [FRL±5892±8] effective methods of complying with special characters and any form of federal performance standards while encryption. Site-Specific Flexibility Requests for ensuring that human health and the Municipal Solid Waste Landfills in Commenters should not submit environment are protected. The electronically any confidential business Indian Country proposed site specific rulemaking information (CBI). An original and two AGENCY: Environmental Protection process ensures protection of human copies of CBI must be submitted under Agency. health and the environment while separate cover to: RCRA CBI Document ACTION: Notice. decreasing regulatory burden to tribal Control Officer, Office of Solid Waste governments and owners and operators (5305W), U.S. EPA, 401 M Street, SW, SUMMARY: The Environmental Protection of MSWLFs in Indian Country. Washington, DC 20460. Agency (EPA) is announcing the The primary audiences for the draft Public comments and supporting availability of and simultaneously guidance are tribal governments and materials are available for viewing in requesting comment on the draft owners and operators of MSWLFs in the RCRA Information Center (RIC), guidance document ‘‘Site-Specific Indian Country. This guidance is located at Crystal Gateway I, First Floor, Flexibility Requests for Municipal Solid available for immediate use, and 1235 Jefferson Davis Highway, Waste landfills in Indian Country’’. This simultaneously open for comments. Arlington, VA. The RIC is open from 9 draft guidance provides owners and DATES: EPA will accept comments on a.m. to 4 p.m., Monday through Friday, operators of municipal solid waste ‘‘Site-Specific Flexibility Requests for excluding federal holidays. To review Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48657 docket materials, the Agency sections 2002, 4004, and 4010 to EXECUTIVE OFFICE OF THE recommends that the public make an promulgate site-specific rules as PRESIDENT appointment by calling (703) 603–9230. outlined in this draft guidance The public may copy a maximum of 100 document. The steps outlined in this Office of National Drug Control Policy pages from any regulatory docket at no guidance document for promulgating charge. Additional copies cost $0.15/ site-specific rules are meant to satisfy Designation of High Intensity Drug page. For information on accession the notice and opportunity for comment Trafficking Areas paper and/or electronic copies of the requirements of the Administrative AGENCY: Office of National Drug Control document, see the ‘‘Supplementary Procedures Act, 5 U.S.C. 551. Policy, Executive Office of the Information’’ section. Dated: September 4, 1997. President. FOR FURTHER INFORMATION CONTACT: Elizabeth A. Cotsworth, ACTION: For general information, contact the Notice. RCRA Hotline at 800 424–9346 or TDD Acting Director, Office of Solid Waste. [FR Doc. 97–24551 Filed 9–15–97; 8:45 am] SUMMARY: This notice lists two (2) 800 553–7672 (hearing impaired). In the counties in New Mexico designated by Washington, DC metropolitan area, call BILLING CODE 6560±50±M the Director of National Drug Control 703 412–9810 or TDD 703 412–3323. Policy, as additions to the Southwest For information on specific aspects of Border High Intensity Drug Trafficking the document, contact Karen Rudek, COUNCIL ON ENVIRONMENTAL Area (HIDTA). The Southwest Border Municipal and Industrial Solid Waste HIDTA in New Mexico currently QUALITY Division of the Office of Solid Waste consists of Bernalillo, Hidalgo, Grant, (mail code 5306W), U.S. Environmental Meeting Luna, Dona Ana, Eddy, Lea, and Otero Protection Agency Headquarters, 401 M Counties. The additional counties in Street, SW, Washington DC 20460; New Mexico are Chaves and Lincoln. phone 703 308–1682; e-mail AGENCY: Council on Environmental Quality. HIDTAs are domestic regions identified [email protected]. as having the most critical drug SUPPLEMENTARY INFORMATION: For a ACTION: Notice of meeting. trafficking problems that adversely paper copy of the draft document, ‘‘Site- affect the United States. These new Specific Flexibility Requests for SUMMARY: The Council on counties are designated pursuant to 21 Municipal Solid Waste Landfills in Environmental Quality (CEQ) has U.S.C. 1504(c), as amended, to promote Indian Country’’, please contact the established a federal interagency task more effective coordination of drug RCRA Hotline at (800) 424–9346 or TDD force to develop a memorandum of control efforts. This action will support (800) 553–7672 (hearing impaired). In understanding (MOU) on coordinating local, New Mexico, and Federal law the Washington, DC, metropolitan area, environmental response actions with enforcement officers in assessing call (703) 412–3323. The document natural resource restoration under the regional drug threats, designing number is EPA530–R–97–016. Comprehensive Environmental strategies to combat the threats, The draft guidance is also available in Response, Compensation, and Liability developing initiatives to implement the electronic format on the Internet. Follow Act (CERCLA) and other laws. CEQ has strategies, and evaluation of the these instructions to access it: scheduled a public meeting to discuss effectiveness of these coordinated WWW: http://www.epa.gov/ the scope and focus of the MOU. All efforts. epaoswer/nonhazardous waste interested parties are encouraged to FTP: ftp.epa/gov FOR FURTHER INFORMATION CONTACT: attend. The meeting will be an Comments and questions regarding this Login: anonymous opportunity to present proposals and Password: your internet address notice should be directed to Mr. Richard ask questions. If you are interested in Y. Yamamoto, Director, HIDTA, Office Files are located in /pub/epaoswer. making a presentation, please call Mary The official record for this action will of National Drug Control Policy, Morton at (202) 395–5750, so that an Executive Office of the President, be kept in paper form. Accordingly, EPA appropriate agenda can be developed. will transfer all comments received Washington, D.C. 20503; 202–395–6755. electronically into paper form and place TIME AND PLACE: The meeting will be SUPPLEMENTARY INFORMATION: In 1990, them in the official record, which will held on October 3, 1997, from 10:00 to the Director of ONDCP designated the also include all comments submitted 4:00 in the White House Conference first five HIDTAs. These original directly in writing. The official record is Center, 726 Jackson Place, Washington, HIDTAs, areas through which most the paper record maintained at the D.C. illegal drugs enter the United States, are address in ‘‘Addresses’’ section above. the Southwest Border, Houston, Los COMMENTS: If you have suggestions but EPA responses to comments, whether either cannot attend the meeting or do Angeles, New York/New Jersey, and the comments are written or electronic, not want to make a presentation, you South Florida. In 1994, the Director will be contained in a notice in the may send written comments to Mary designated the Washington/Baltimore Federal Register or in a response to Morton, CEQ, Old Executive Office HIDTA to address the extensive drug comments document placed in the Building, Washington, D.C. 20501. distribution networks serving hardcore official record for this Notice of Comments must be submitted by drug users. Also in 1994, the Director Document Availability. EPA will not October 3, 1997. designated Puerto Rico/U.S. Virgin immediately reply to commenters Islands as a HIDTA based on the electronically other than to seek FOR FURTHER INFORMATION CONTACT: significant amount of drugs entering the clarification of electronic comments that Mary Morton at (202) 395–5750. United States through this region. In may be garbled in transmission or 1995, the Director designated three more during conversion to paper form, as Bradley M. Campbell, HIDTAs in Atlanta, Chicago, and discussed above. Associate Director. Philadelphia/Camden to target drug EPA has authority under the Resource [FR Doc. 97–24473 Filed 9–15–97; 8:45 am] abuse and drug trafficking in those Conservation and Recovery Act (RCRA) BILLING CODE 3125±01±P areas. 48658 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Five new HIDTAs have been This session will end at approximately Federal agencies to take this designated in 1997. These are: the Gulf 5:00 p.m. opportunity to comment on the Coast HIDTA (includes parts of Public Comments: There will be a following information collection(s), as Alabama, Louisiana, and Mississippi); time allocated for the public to speak on required by the Paperwork Reduction the Lake County, Indiana HIDTA, the any of the above agenda items. We Act of 1995, Public Law 104–13. An Midwest HIDTA (includes parts of Iowa, request that you send to us the topic agency may not conduct or sponsor a Kansas, Missouri, Nebraska, and South that you would like to discuss at the collection of information unless it Dakota, with focus on PCAST meeting, or you can send your displays a currently valid control methamphetamine); the Northwest comments in writing five (5) days in number. No person shall be subject to HIDTA (includes seven counties of advance of the meeting. Please notify any penalty for failing to comply with Washington State); and the Rocky Cheryl Hill on (202) 456–6100 or fax a collection of information subject to the Mountain HIDTA (includes parts of your request/comments on (202) 456– Paperwork Reduction Act (PRA) that Colorado, Utah, and Wyoming). 6026. does not display a valid control number. The program supports more than 150 FOR FURTHER INFORMATION CONTACT: Comments are requested concerning (a) co-located officer/agent task forces in For information regarding time, place, whether the proposed collection of fifteen regions of the country, including and agenda, please call Cheryl Hill at information is necessary for the proper the entire Southwest Border. The (202) 456–6100 prior to 3:00 p.m on performance of the functions of the HIDTA program strengthens mutually Friday, September 26, 1997. Other Commission, including whether the supporting local, State, and Federal questions may be directed to Angela information shall have practical utility; drug trafficking and money laundering Phillips Diaz, or Yolanda Comedy at (b) the accuracy of the Commission’s task forces, bolsters information analysis (202) 446–6100. Please note that public burden estimate; (c) ways to enhance and sharing networks and, improves seating for this meeting is limited, and the quality, utility, and clarity of the integration of law enforcement, drug is available on a first-come, first-served information collected; and (d) ways to treatment and drug abuse prevention basis. minimize the burden of the collection of programs. SUPPLEMENTARY INFORMATION: The information on the respondents, Dated: September 3, 1997. President’s Committee of Advisors on including the use of automated Barry R. McCaffrey, Science and Technology was collection techniques or other forms of information technology. Director. established on November 23, 1993, by Executive Order 12882, as amended, DATES: Written comments should be [FR Doc. 97–24535 Filed 9–15–97; 8:45 am] and continued through September 30, submitted on or before October 16, BILLING CODE 3180±02±P 1997, by Executive Order 12974. The 1997. If you anticipate that you will be purpose of PCAST is to advise the submitting comments, but find it President on matters of national difficult to do so within the period of OFFICE OF SCIENCE AND importance that have significant science time allowed by this notice, you should TECHNOLOGY POLICY and technology content, and to assist advise the contact listed below as soon the President’s National Science and as possible. Meeting of the President's Committee Technology Council in securing private ADDRESSES: Direct all comments to Judy of Advisors On Science and sector participation in its activities. The Boley, Federal Communications Technology Committee members are distinguished Commission, Room 234, 1919 M St., ACTION: Notice of meeting. individuals appointed by the President NW., Washington, DC 20554 or via from non-Federal sectors. The PCAST is internet to [email protected]. SUMMARY: This notice sets forth the co-chaired by John H. Gibbons, FOR FURTHER INFORMATION CONTACT: For schedule and summary agenda for a Assistant to the President for Science additional information or copies of the meeting of the President’s Committee of and Technology, and by John Young, information collection(s) contact Judy Advisors on Science and Technology former President and CEO of Hewlett- Boley at 202–418–0214 or via internet at (PCAST), and describes the functions of Packard Company. [email protected]. the Committee. Notice of this meeting is Dated: September 9, 1997. OMB Approval Number: 3060–XXXX. required under the Federal Advisory Barbara Ann Ferguson, Title: Accounting for Judgements and Committee Act. Assistant Director for Budget and other Costs Associated with Litigation, Dates and Place: September 29, 1997. Administration, Office of Science and CC Docket No. 93–240. The White House Conference Center, Technology Policy. Type of Review: New collection. Truman Room, Third Floor, 726 Jackson [FR Doc. 97–24584 Filed 9–12–97; 10:47 am] Respondents: Business or other for- Place, N.W., Washington, D.C. 20500. BILLING CODE 3170±01±P±M profit. Type of Meeting: Open. Number of Respondents: 1. Proposed Schedule and Agenda: The Estimated Time Per Response: 36 PCAST will meet in an open session at FEDERAL COMMUNICATIONS hours. 10:00 a.m. on Monday, September 29, COMMISSION Cost to Respondents: N/A. 1997. The meeting will focus on the full Total Annual Burden: 36 hours. report by the Energy Panel, updates Notice of Public Information Needs and Uses: In CC Docket No. from the Biodiversity and Education Collection(s) Submitted to OMB for 93–240, the Commission considers the Panels, Industry Partnerships Update, Review and Approval issue of the accounting rules and International Science and Technology ratemaking policies that should apply to Cooperation/Technology September 10, 1997. litigation costs incurred by carriers Commercialization, U.S./Japan Science subject to Part 32 of its rules and and Technology Relationship, National SUMMARY: The Federal Communications regulations. The Commission concludes Alliance of Business, and the NSF- Commission, as part of its continuing that there should be special rules to Department of Energy Working Group effort to reduce paperwork burden govern the accounting treatment of Report on Math and Science Education. invites the general public and other federal antitrust judgements and Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48659 settlements, in excess of the avoided Title: Dispute Resolution Neutrals FEDERAL RESERVE SYSTEM costs of litigation, but not for litigation Questionnaire. Change in Bank Control Notices; expenses. The Commission rather OMB Number: 3064–0107. concludes that these special rules Correction Frequency of Response: Occasional. should not apply to cost arising in other This notice corrects a notice (FR Doc. kinds of litigation. To receive Affected Public: Parties wishing to be 97-15269) published on page 31820 of recognition of its avoided costs of considered for inclusion on the FDIC’s the issue for Wednesday, June 11, 1997. litigation, a carrier must make a Roster of Dispute Resolution Neutrals. Under the Federal Reserve Bank of demonstration in a request for special Estimated Number of Respondents: Atlanta heading, the entry for Susma relief. 100. Patel, London, England; Suketu Federal Communications Commission. Madhusudan Patel (Suku), London, Estimated Time per Response: 0.5 England; Parimal Kantibhai Patel William F. Caton, minutes. Acting Secretary. (Perry), London, England; Bharat Estimated Total Annual Burden: 50 [FR Doc. 97–24517 Filed 9–15–97; 8:45 am] Muljibhai Amin, London, England; and hours. Dennis John Lloyd King, Surrey, BILLING CODE 6712±01±F General Description of Collection: The England, collectively as the Patel Group, FDIC’s Roster of Dispute Resolution is revised to read as follows: Neutrals is part of its Alternative A. Federal Reserve Bank of Atlanta FEDERAL DEPOSIT INSURANCE (Lois Berthaume, Vice President) 104 Dispute Resolution (ADR) program. CORPORATION Marietta Street, N.W., Atlanta, Georgia Parties wishing to be considered for Agency Information Collection 30303-2713: inclusion on the Roster must submit a 1. Sushilaban Patel, London, England; Activities: Proposed Collection; completed questionnaire containing acting in concert, to acquire shares of Comment Request biographical and demographic data. The First Bankshares, Inc., Longwood, AGENCY: Federal Deposit Insurance information obtained from respondents Florida, and thereby indirectly acquire Corporation (FDIC). is used to evaluate the candidate’s First National Bank of Central Florida, ACTION: Notice and request for comment. qualifications to serve as neutrals in Longwood, Florida. cases involving ADR. Comments on this application must SUMMARY: The FDIC, as part of its be received by September 30, 1997. Request for Comment continuing effort to reduce paperwork Board of Governors of the Federal Reserve and respondent burden, invites the Comments are invited on: (a) Whether System, September 10, 1997. general public and other Federal the collection of information is Jennifer J. Johnson, agencies to take this opportunity to necessary for the proper performance of Deputy Secretary of the Board. comment on proposed and/or the FDIC’s functions, including whether [FR Doc. 97–24445 Filed 9–15–97; 8:45 am] continuing information collections, as required by the Paperwork Reduction the information has practical utility; (b) BILLING CODE 6210±01±F Act of 1995 (44 U.S.C. chapter 35). the accuracy of the estimates of the burden of the information collection, Currently, the FDIC is soliciting FEDERAL RESERVE SYSTEM comments concerning an information including the validity of the collection titled ‘‘Dispute Resolution methodology and assumptions used; (c) Change in Bank Control Notices; Neutrals Questionnaire.’’ ways to enhance the quality, utility, and Acquisitions of Shares of Banks or DATES: Comments must be submitted on clarity of the information to be Bank Holding Companies or before November 17, 1997. collected; and (d) ways to minimize the The notificants listed below have ADDRESSES: Send written comments to burden of the information collection on respondents, including through the use applied under the Change in Bank Tamara R. Manly, Management Analyst Control Act (12 U.S.C. 1817(j)) and § (Regulatory Analysis), Attention: of automated collection techniques or other forms of information technology. 225.41 of the Board’s Regulation Y (12 Comments/OES, Federal Deposit CFR 225.41) to acquire a bank or bank Insurance Corporation, 550 7th Street At the end of the comment period, the holding company. The factors that are N.W., Washington, D.C. 20429. comments and recommendations considered in acting on the notices are Comments may be hand-delivered to the received will be analyzed to determine set forth in paragraph 7 of the Act (12 guard station at the rear of the 17th the extent to which the collection U.S.C. 1817(j)(7)). Street Building (located on F Street), on should be modified prior to submission The notices are available for business days between 7:00 a.m. and to OMB for review and approval. immediate inspection at the Federal 5:00 p.m. (Fax number (202) 898–3838; Comments submitted in response to this Reserve Bank indicated. The notices Internet address: [email protected]). notice also will be summarized or also will be available for inspection at A copy of the comments may also be included in the FDIC’s requests to OMB the offices of the Board of Governors. submitted to the OMB desk officer for for renewal of this collection. All Interested persons may express their the FDIC: Alexander Hunt, Office of views in writing to the Reserve Bank Information and Regulatory Affairs, comments will become a matter of public record. indicated for that notice or to the offices Office of Management and Budget, New of the Board of Governors. Comments Executive Office Building, Room 3208, Dated at Washington, D.C., this 10th day of must be received not later than Washington, D.C. 20503. September 1997. September 30, 1997. FOR FURTHER INFORMATION CONTACT: Federal Deposit Insurance Corporation. A. Federal Reserve Bank of Atlanta Tamara R. Manly, at the address Robert E. Feldman, (Lois Berthaume, Vice President) 104 identified above. Executive Secretary. Marietta Street, N.W., Atlanta, Georgia SUPPLEMENTARY INFORMATION: Proposal [FR Doc. 97–24472 Filed 9–15–97; 8:45 am] 30303-2713: to renew the following currently 1. MidSouth Bancorp, Inc., ESOP, approved collection of information: BILLING CODE 6714±01±M Lafayette, Louisiana; to acquire an 48660 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices additional 1.51 percent, for a total of The Joint Venture Project will address neither feel constrained by those 10.57 percent, of the voting shares of whether antitrust guidance to the questions nor compelled to answer each MidSouth Bancorp, Inc., Lafayette, business community can be improved one, however. Louisiana, and thereby indirectly through clarifying and updating Because real-world examples are acquire MidSouth National Bank, antitrust policies regarding joint usually the most informative, the Lafayette, Louisiana. ventures and other forms of competitor Commission would prefer information B. Federal Reserve Bank of Dallas collaborations. As has been generally concerning competitor collaborations (Genie D. Short, Vice President) 2200 noted, businesses may find it desirable that actually have been undertaken. North Pearl Street, Dallas, Texas 75201- to collaborate with rivals in order to However, recognizing that businesses 2272: achieve a large variety of goals: Attain may wish to protect confidential 1. Rodney G. Kroll, Waco, Texas, to economies of scale; increase capacity information about some collaborations, acquire 23.0 percent; Tommy G. Salome, and market access; minimize risk; avoid the Commission also encourages the use Crawford, Texas, to acquire 21.8 duplication; transfer, commercialize, or of hypothetical fact patterns to describe percent; Newman E. Copeland, Waco, distrubte technology efficiently; and discuss the efficiencies that may Texas, to acquire 11.5 percent; Scott J. combine complementary or co- result from collaborations among Salmans, Waco, Texas, to acquire 11.5 specialized capabilities; or better competitors. percent; Rondy T. Gray, Waco, Texas, to appropriate the returns of innovation. Questions acquire 11.5 percent; Charles B. Turner, Some competitor collaborations, Waco, Texas, to acquire 11.5 percent; however, raise antitrust concerns about What kinds of efficiency benefits are James H. DuBois, Waco, Texas, to the degree to which competition among most frequently attributed to competitor acquire 4.6 percent; and Time rivals has been curtailed. In such cases, collaborations, e.g., economies of scale, Manufacturing Company, Waco, Texas, antitrust enforcers must assess whether risk reduction, or learning advantages? to acquire 4.6 percent, of the voting and to what extent competition is To what extent are differences in shares of First Riesel Corporation, harmed. assets or technology among prospective Riesel, Texas, and thereby indirectly Issues relevant to why and how participants important to the possible acquire First State Bank, Riesel, Texas. competitors wish to collaborate with efficiency benefits from a competitor their rivals, and the impact those collaboration? Board of Governors of the Federal Reserve What contractual problems do System, September 10, 1997. arrangements have on competition, are of interest to the Commission in prospective competitor collaboration Jennifer J. Johnson, connection with the Joint Venture participants encounter in designing an Deputy Secretary of the Board. Project. In order to better inform itself arrangement to achieve efficiency gains, [FR Doc. 97–24446 Filed 9–15–97; 8:45 am] as to these issues, the Commission and how have those problems been BILLING CODE 6210±01±F engaged in a first round of public solved? What types of agreements or comment and hearings regarding issues mechanisms are most frequently or most identified in a notice published on April successfully used to align incentives? to FEDERAL TRADE COMMISSION 28, 1997, at 62 FR 22945. Now the safeguard the value of assets or efforts Commission is seeking comment and that individual participants might Comment and Hearings on Joint testimony regarding additional issues, contribute to the collaboration? to deal Venture Project including some issues that the first with possible disputes among the AGENCY: Federal Trade Commission. round of comments and testimony have participants? Are particular contractual ACTION: Notice of second opportunity for indicated warrant follow-up attention. problems more pressing in certain kinds comment and public hearing on Joint The Commission’s April 28 notice of ventures, or in certain industries, Venture Project. sought information relating to many of than in others? the issues associated with the potential How and under what circumstances SUMMARY: The Federal Trade anticompetitive effects of competitor do variations in a competitor Commission (‘‘FTC’’ or ‘‘Commission’’) collaborations. Consequently, the collaboration’s governance structure— is requesting public comment about factual questions in this notice deal such as variations in individual issues to be addressed in the Joint primarily with possible efficiencies. participants’ abilities to affect the Venture Project that the Commission Specifically, the FTC is seeking collaboration’s level of output or to has authorized. The Project is being comment at this time on the following control portions of its productive undertaken by the Commission in issues: capacity—affect the collaboration’s collaboration with the Department of ability to achieve efficiencies? Justice. Comments may be provided to Factual Questions Relating to Under what circumstances might the Commission in writing as specified Competitor Collaborations restrictions on the ability of participants below. In addition, the Commission will The Commission is interested in to compete promote legitimate hold public hearing concerning these better understanding the efficiencies efficiency goals? Specifically, when and issues in November, 1997. that may be generated by competitor how can restrictions on price, quality, The Joint Venture Project grows out of collaborations.1 As an aid to advertising, geographic scope, or other public hearings held by the FTC in the understanding, the Commission has dimensions of competition contribute to fall of 1995, at which businesses included the following questions as legitimate efficiency ends? Are some reported that global and innovation- examples of the kinds of factual restrictions more closely related to the based competition is driving firms information in which the Commission is formation of a competitor collaboration, toward ever more complex collaborative interested. Those who respond should while others are needed to help the agreements that sometimes raise new collaboration run smoothly after it is competition issues. Some commenters 1 For purposes of this notice, ‘‘competitor formed? at those hearings also requested collaborations’’ should be understood as including Under what circumstances might all collaborations, short of a merger, between or clarification and updating of current among entities that would have been actual or various exclusivity provisions be related antitrust policy toward business likely potential competitors in a relevant market to the efficiency goals of the competitor collaborations among competitors. absent that collaboration. collaboration? Examples could include Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48661 agreements that participants satisfy all collaborations? What factors tend to arrangements be considered in of their input needs from the demonstrate that a competitor conjunction with particular types of collaboration or that participants refrain collaboration is non-exclusive in fact as collaborative activity or particular from competing with the collaboration, well as on paper? industries? either unilaterally or as part of another To what extent, if any, should the Policy and Legal Questions Relating to group. expected evolution of a competitor When can information exchanges Competitor Collaborations collaboration be taken into account in (including exchanges of competitively The Commission also is interested in determining its state of integration? For sensitive data) among participants in a better understanding the extent to example, when, if ever, should rule of competitor collaboration be necessary to which antitrust law and the antitrust reason treatment be accorded a achieving efficiencies? agencies’ current policy guidelines have collaboration that fails integration How and under what circumstances successfully dealt with issues raised by criteria today on grounds that it may do restrictions on membership in or competitor collaborations and how the pass muster in the near future? How access to assets controlled by a usefulness of antitrust guidance might could enforcement agencies evaluate competitor collaboration promote be improved. The following questions such a likelihood? Would such dynamic efficiency? What criteria do firms are suggestive of issues that would be of considerations be particularly relevant employ in initially selecting co- interest in responses, but, again, the in certain industries or in particular participants when establishing questions are not intended to constrain circumstances? If so, where and why? competitor collaborations? or to require responses. Antitrust standards for distinguishing Can reciprocal buying agreements competitor collaborations warranting among participants or restrictions on Questions rule of reason review rather than per se participants’ activities outside the The State of Antitrust Law condemnation have sometimes looked collaboration’s market have efficiency to whether the collaboration has created rationales? What aspects of antitrust law a new product. What are the factors that Under what circumstances do regarding the efficiencies of competitor should be included in a determination restraints in competitor collaborations collaborations require clarification? For that the fruits of a competitor give rise to efficiencies that are example, is clarification required collaboration constitute a new product? experienced over the long run or that regarding the evaluation of efficiency What role should a determination that a affect competition in a dynamic sense justifications for competitive competitor collaboration produces a (such as through incentives for restrictions, information exchanges, or new product play in the assessment of innovation) rather than in the short run? membership rules? the collaboration’s competitive effects? What factors affect determinations to Have there been any circumstances in What role should a determination that pursue business goals through which the chosen form of competitor a competitor collaboration adds capacity traditional joint ventures as opposed to collaboration (such as traditional joint in a relevant market play in the alternative mechanisms such as short- ventures, short- and long-term contracts, assessment of the collaboration’s term contracts, long-term contracts, licensing and franchise agreements, competitive effects? licensing and franchise agreements, minority equity investments, strategic What role should a determination that minority equity investments, strategic alliances, and asset acquisitions) has a competitor collaboration is non- alliances, and asset acquisitions? When been affected by uncertainty about exclusive—that is, that it allows its are the various alternatives relatively antitrust rules or possible costs of participants to compete independently good or relatively poor substitutes in antitrust investigation or litigation? in the joint venture market—play in the achieving efficiency goals? Have there been any circumstances in assessment of the collaboration’s Has the mix between traditional joint which antitrust standards regarding less competitive effects? ventures, short- and long-term contracts, restrictive alternatives, including What mechanisms should be licensing or franchising, minority equity burdens of proof, have failed to take into employed in assessing the net effects of investments, strategic alliances, and account the difficulty in practical terms a competitor collaboration (or of a asset acquisitions changed over time? If of fashioning and implementing a restraint associated with a competitor so, what factors are responsible? theoretically less restrictive alternative? collaboration) that would likely achieve In what ways does the initial Antitrust standards for distinguishing efficiencies but also would likely harm agreement as to the duration of a legitimate competitor collaborations competition absent the efficiencies? competitor collaboration affect its from ‘‘sham’’ arrangements often have Are there instances when unusual ability to achieve efficiencies? been articulated in terms of cost or demand conditions might make Antitrust law often considers whether ‘‘integration’’ rather than in terms of it appropriate to modify or qualify efficiency goals might be achieved with ‘‘efficiencies.’’ Have there been general antitrust policy with regard to less competitively restrictive circumstances when the use of competitor collaborations? For example, alternatives. What factors must integration-based standards has deterred should enforcement policy concerning participants in competitor the formation or impaired the operation competitor collaborations be modified collaborations take into account (other of competitor collaborations that could when there are substantial scale than potential antitrust liability) in have enhanced competition? If so, economies from increasing group size or determining the breadth of a please give specific real-world examples consumer switching costs, such as may competitive restraint? Are there real- (or explain in the context of arise in network industries or in world examples in which relatively hypothetical facts). Under what standard-setting contexts? narrow restraints were ineffective in circumstances might greater integration Under what circumstances, if any, achieving efficiency goals? signal greater potential for should participants be able to assert that To what extent has non-exclusivity— anticompetitive effects as opposed to a membership restrictions are necessary the ability of the participants in a greater likelihood of achieving to ensure that members of a competitor competitor collaboration to compete procompetitive efficiencies? Should collaboration can use cost advantages or with the collaboration—reduced the more specific standards for innovation to compete more effectively anticompetitive effects of competitor distinguishing legitimate from sham in the output market? 48662 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Are there any circumstances under create the document. (Programs based Marietta Street, N.W., Atlanta, Georgia which the competitive effects of on DOS or Windows 3.1 are acceptable. 30303-2713: restraints associated with a competitor Files from other operating systems 1. Jaime Gilinski, Santafe de Bogota, collaboration should be analyzed like should be submitted in ASCII text Columbia; to acquire 100 percent of the the competitive effects of single firm format.) Alternatively, electronic voting shares of Eagle National Holding conduct? submissions may be sent by electronic Company, Inc., Miami, Florida. Under what circumstances is a mail to [email protected]. Submissions B. Federal Reserve Bank of Chicago competitor collaboration less likely than should be captioned ‘‘Comments on (Philip Jackson, Applications Officer) a merger of the same participants to Issues relating to Joint Venture Project— 230 South LaSalle Street, Chicago, restrict competition within any relevant Second Federal Register Notice’’ and Illinois 60690-1413: market? What adjustments to merger addressed to Donald S. Clark, Office of 1. James Randel Smith, Auburn, analysis could take these considerations the Secretary, Federal Trade Nebraska, to retain 33.3 percent; Jerry A. into account? Under what Commission, Sixth Street and Jobe, Tabor, Iowa, to acquire 33.3 circumstances is a competitor Pennsylvania Avenue, N.W., percent; and Grant T. Schaaf, Randolph, collaboration more likely than a merger Washington, D.C. 20580. Iowa, to acquire 33.3 percent, of the to restrict competition within any Notice of interest in participating in voting shares of Tabor Enterprises, Inc., relevant market? What adjustments to the hearings also should be addressed in Tabor, Iowa, and thereby indirectly merger analysis could take these writing to the Office of the Secretary at acquire First State Bank, Tabor, Iowa. considerations into account? the above address. C. Federal Reserve Bank of St. Louis Under what circumstances is a FOR FURTHER INFORMATION CONTACT: (Randall C. Sumner, Vice President) 411 competitor collaboration more likely Policy Planning staff at (202) 326–3712. Locust Street, St. Louis, Missouri 63102- 2034: than a merger of the same participants SUPPLMENTARY INFORMATION: The to achieve efficiencies within any 1. Craig Dwight Heath, Phoenix, Commission is examining its role in Arizona; to acquire 100 percent of the relevant market? What adjustments to enforcing antitrust laws in light of the merger analysis could take these voting shares of Texico Bancshares above issues. Public comments and Corporation, Texico, Illinois, and considerations into account? Under hearings are expected to provide what circumstances is a competitor thereby indirectly acquire Texico State information relevant to determining Bank, Texico, Illinois. collaboration less likely than a merger of what, if any, actions may be desirable. the same participants to achieve The Commission has general authority Board of Governors of the Federal Reserve efficiencies within any relevant market? under the FTC Act to interpret its System, September 11, 1997. What adjustments to merger analysis substantive laws through guidelines, Jennifer J. Johnson, could take these considerations into advisory opinions, and policy Deputy Secretary of the Board. account? statements. [FR Doc. 97–24579 Filed 9–15–97; 8:45 am] FTC/DOJ Guidelines By direction of the Commission. BILLING CODE 6210±01±F If the Joint Venture Project were to Donald S. Clark, result in the development of guidelines Secretary. FEDERAL RESERVE SYSTEM applicable to competitor collaborations, [FR Doc. 97–24515 Filed 9–15–97; 8:45 am] what factors should be considered in BILLING CODE 6750±01±M Formations of, Acquisitions by, and demarcating the division between Mergers of Bank Holding Companies transactions covered by the new The companies listed in this notice guidelines and transactions covered by FEDERAL RESERVE SYSTEM have applied to the Board for approval, the existing Department of Justice and Change in Bank Control Notices; pursuant to the Bank Holding Company Federal Trade Commission Horizontal Act of 1956 (12 U.S.C. 1841 et seq.) Merger Guidelines? Acquisitions of Shares of Banks or Bank Holding Companies (BHC Act), Regulation Y (12 CFR Part DATES: Any interested person may 225), and all other applicable statutes submit written comments by December The notificants listed below have and regulations to become a bank 12, 1997. Requests to participate in applied under the Change in Bank holding company and/or to acquire the public hearings should be submitted by Control Act (12 U.S.C. 1817(j)) and § assets or the ownership of, control of, or October 17, 1997, or earlier if at all 225.41 of the Board’s Regulation Y (12 the power to vote shares of a bank or possible. Such requests should identify CFR 225.41) to acquire a bank or bank bank holding company and all of the the requesting party and briefly state the holding company. The factors that are banks and nonbanking companies matter than the party wishes to address considered in acting on the notices are owned by the bank holding company, at the hearings. Public hearings will be set forth in paragraph 7 of the Act (12 including the companies listed below. held in November, 1997, at the Federal U.S.C. 1817(j)(7)). The applications listed below, as well Trade Commission, Sixth Street and The notices are available for as other related filings required by the Pennsylvania Avenue, N.W., immediate inspection at the Federal Board, are available for immediate Washington, D.C. 20580. Reserve Bank indicated. The notices inspection at the Federal Reserve Bank ADDRESSES: To facilitate efficient review also will be available for inspection at indicated. The application also will be of public comments, all comments the offices of the Board of Governors. available for inspection at the offices of should be submitted in written and Interested persons may express their the Board of Governors. Interested electronic form. Electronic submissions views in writing to the Reserve Bank persons may express their views in may be made in one of two ways. They indicated for that notice or to the offices writing on the standards enumerated in may be filed on either a 5 and 1⁄4 or 3 of the Board of Governors. Comments the BHC Act (12 U.S.C. 1842(c)). If the and 1⁄2 inch computer disk, with a label must be received not later than October proposal also involves the acquisition of on the disk stating the name of the 1, 1997. a nonbanking company, the review also commenter and the name and version of A. Federal Reserve Bank of Atlanta includes whether the acquisition of the the word processing program used to (Lois Berthaume, Vice President) 104 nonbanking company complies with the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48663 standards in section 4 of the BHC Act. 1997, in Clearwater Beach, Florida. The Burden Information for Operator In- Unless otherwise noted, nonbanking meeting sessions will take place from 9 Person Interview and Supplement— activities will be conducted throughout a.m. until 5 p.m. on Monday, Tuesday, Number of Responses: 690; Burden per the United States. Wednesday, and from 9 a.m. until 12 Response: 45 minutes; Total Burden: Unless otherwise noted, comments noon on Thursday. The sessions will be 518 hours—Burden Information for Staff regarding each of these applications held at the Adam’s Mark Caribbean Gulf Interview—Number of Responses: 1380; must be received at the Reserve Bank Hotel, 430 South Gulfview Boulevard, Burden per Response: 20 minutes; Total indicated or the offices of the Board of Clearwater Beach, Florida. The purpose Burden: 460 hours—Burden Information Governors not later than October 10, of this meeting is to discuss the Federal for Resident Interview—Number of 1997. Depository Library Program. The Responses: 2496; Burden per Response: A. Federal Reserve Bank of Cleveland meeting is open to the public. 30 minutes; Total Burden: 1248 hours— (Jeffery Hirsch, Banking Supervisor) A limited number of hotel rooms have Burden Information for Resident Proxy 1455 East Sixth Street, Cleveland, Ohio been reserved at the Adam’s Mark Interview—Number of Responses: 1230; 44101-2566: Caribbean Gulf Hotel for anyone Burden per Response: 15 minutes; Total 1. F.N.B. Corporation, Hermitage, needing hotel accommodations. Burden: 308 hours—Burden Information Pennsylvania, and Southwest Banks, Telephone: 800–444–ADAM, 813–443– for Family Member Interview—Number Inc., Naples, Florida; to acquire 100 5714; FAX: 813–442–8389. Please of Responses: 897; Burden per percent of the voting shares of specify the Depository Library Council Response: 20 minutes; Total Burden: Mercantile Bank of Southwest Florida, when you contact the hotel. Room cost 299 hours—Burden Information for Naples, Florida. per night is $72. Discharged Resident Interview— Board of Governors of the Federal Reserve Michael F. DiMario, Number of Responses: 117; Burden per System, September 11, 1997. Public Printer. Response: 10 minutes; Total Burden: 20 Jennifer J. Johnson, [FR Doc. 97–24508 Filed 9–15–97; 8:45 am] hours—Burden Information for Deputy Secretary of the Board. BILLING CODE 1520±01±P Discharged Resident Proxy Interview— Number of Responses: 470; Burden per [FR Doc. 97–24580 Filed 9–15–97; 8:45 am] Response: 12 minutes; Total Burden: 94 BILLING CODE 6210±01±F DEPARTMENT OF HEALTH AND hours—Total Burden for the Survey: HUMAN SERVICES 3,350 hours. OMB Desk Officer: Allison Eydt. GENERAL SERVICES Office of the Secretary Copies of the information collection ADMINISTRATION packages listed above can be obtained Agency Information Collection Federal Acquisition Policy Division, by calling the OS Reports Clearance Activities: Submission for OMB Officer on (202) 690–6207. Written FAR Secretariat; Cancellation of an Review; Comment Request Optional Form comments and recommendations for the The Department of Health and Human proposed information collection should AGENCY: General Services Services, Office of the Secretary be sent directly to the OMB desk officer Administration. publishes a list of information designated above at the following ACTION: Notice. collections it has submitted to the Office address: Human Resources and Housing of Management and Budget (OMB) for Branch, Office of Management and SUMMARY: The Federal Acquisition clearance in compliance with the Budget, New Executive Office Building, Regulations eliminated the need for Paperwork Reduction Act of 1995 (44 Room 10235, 725 17th Street NW., Optional Form 333, Procurement U.S.C. Chapter 35) and 5 CFR 1320.5. Washington, DC 20503. Integrity Certification For Procurement The following are those information Comments may also be sent to Officials removing the regulations that collections recently submitted to OMB. Cynthia Agens Bauer, OS Reports required its use. Therefore, OF 333 is National Study of Assisted Living Clearance Officer, Room 503H, cancelled. This deleted requirement was Facilities for the Frail Elderly—New— Humphrey Building, 200 Independence effective January 1, 1997. The goal of this study is to determine Avenue SW., Washington, DC, 20201. FOR FURTHER INFORMATION CONTACT: where assisted living fits in the Written comments should be received Mr. Ralph DeStefano, (202) 501–1758. continuum of long term care and to within 30 days of this notice. DATES: Effective upon publication in the examine its potential for addressing the Dated: September 5, 1997. Federal Register September 16, 1997. needs of elderly persons with Dennis P. Williams, Dated: September 8, 1997. disabilities. The study will address such Deputy Assistant Secretary, Budget. Barbara M. Williams, topics as trends in supply and demand; [FR Doc. 97–24434 Filed 9–15–97; 8:45 am] barriers to development; the effect of Deputy Standard and Optional Forms BILLING CODE 4150±04±M Management Officer. key assisted living features on resident [FR Doc. 97–24513 Filed 9–15–97; 8:45 am] satisfaction and other outcomes. Surveys of operators, staff and elderly BILLING CODE 6820±34±M DEPARTMENT OF HEALTH AND residents will be conducted. HUMAN SERVICES Respondents: Assisted Living Facilities operators, staff and Centers for Disease Control and GOVERNMENT PRINTING OFFICE residents—Burden Information on Prevention Operator Screen—Number of Responses: Depository Library Council to the [30DAY±23±97] Public Printer; Meeting 1958; Burden per Response: 10 minutes; Total Screen Burden: 326 hours— Agency Forms Undergoing Paperwork The Depository Library Council to the Burden Information for Operator Reduction Act Review Public Printer (DLC) will hold its Fall Telephone Interview—Number of 1997 meeting on Monday, October 20, Responses: 230; Burden per Response: The Centers for Disease Control and 1997, through Thursday, October 23, 20 minutes; Total Burden: 77 hours— Prevention (CDC) publishes a list of 48664 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices information collection requests under Proposed Projects diagnostic methods for detecting HCV review by the Office of Management and infection in infants. Respondents for the Budget (OMB) in compliance with the 1. Multi-Center Cohort Study to study will be anti-HCV positive Paperwork Reduction Act (44 U.S.C. Assess the Risk and Consequences of mothers. Chapter 35). To request a copy of these Hepatitis C Virus Transmission from There is no cost to the respondents. requests, call the CDC Reports Clearance Mother to Infant (0920–0344)— Office on (404) 639–7090. Send written Reinstatement—The purpose of the They will be remunerated for travel comments to CDC, Desk Officer; Human study is to determine the incidence of costs; provided well-child visits and Resources and Housing Branch, New vertical hepatitis C virus (HCV) free vaccinations for infants enrolled in Executive Office Building, Room 10235; transmission, to assess risk factors for the study; and, provided anti-HCV Washington, DC 20503. Written vertical HCV transmission, to assess the testing to all family members free of comments should be received within 30 clinical course of disease among infants charge. The total annual burden hours days of this notice. with HCV infection, and to assess are 277.

Avg. Number of Number of burden/ Respondents Form name respondents responses/ response respondent (in hrs.)

Individual Mothers ...... Form A ...... 300 1 0.25 Mothers ...... Form B ...... 1200 1 0.25 Mothers ...... Form C ...... 300 1 0.10 Mothers ...... Form D ...... 300 1 0.25 Family members ...... Form E ...... 700 1 0.25 Mothers ...... Form F ...... 300 1 0.25 Mothers ...... Form G ...... 300 8 0.10 * The annualized response burden is estimated to be 970 hours/3.5 years= 277 hours. (Target enrollment in the study is 300; the target popu- lation will be drawn from those who complete Form B. Family members will complete Form E.)

2. Information Collection Procedures This is a request for approval to of the built-in system used for updating for Evaluating Toxicological Profiles— collect information in the profiles from existing toxicological profiles and New—The Agency for Toxic Substances users on: (a) Affiliation of users of the improving the utility of newly and Disease Registry (ATSDR) prepares profiles, (b) clarity of discussion in the developed profiles by use of these user toxicological profiles in accordance profiles, (c) consistency of information surveys. with guidelines developed with in the profiles, (d) completeness of guidelines developed by ATSDR and information in the profile, and (e) utility The only cost to respondents will be EPA and each profile is revised and of information in the profile. the time to complete the form, which we republished as necessary, but no less The information will be used in an estimate at less than 15 minutes per often than every three years. The effort to maintain customer satisfaction respondent. We expect respondents of principal audiences for the toxicological concerning use of the profiles by these the toxicological profile survey to come profiles are health professionals at the multi-disciplinary users. This will also from a wide range of occupational and federal, state, and local levels, interested ensure that we continue to provide a professional backgrounds and have an private sector organizations and groups, client-oriented product. This effort will average hourly wage of $15. The total and members of the public. be accomplished through enhancement annual burden hours are 750.

Number of Respondents Number of responses/re- Average bur- respondents spondent den/response

Questionnaire ...... 6000 1 0.25

3. NIOSH Training Grants, 42 CFR disciplinary graduate training for Occupational Safety and Health to part 86, Application And Regulations— industrial hygienists, occupational collect information from potential (0920–02610)—Reinstatement—Public physicians, occupational health nurses, applicants. The information is used to Law 91–596 authorizes CDC/NIOSH to safety professionals and other determine the eligibility of applicants support ‘‘education programs that occupational health-related disciplines for review, to calculate the amount of provide an adequate supply of qualified in addition to continuing education for each award and to judge the merit of personnel * * * by grants or contracts’’ practicing professionals and outreach in each application. CDC Form 2.145A is to assure a safe and healthful work the Region. 42 CFR Part 86, ‘‘Grants for used for new and competing environment. NIOSH awards grants for Education Programs in Occupational continuation grants; CDC Form 2.145B both short-term and long-term training Safety and Health, Subpart B- is used for non-competing awards. If to academic institutions and other Occupational Safety and Health this information is not collected, grants organizations interested in providing Training, provides guidelines for cannot be reviewed and awarded. The training for professionals. Grants are implementing Public Law 91–596. The total annual burden hours are 4,635. also provided to Educational Resource training grant application form is used Centers (ERCs) which provide multi by the National Institute of Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48665

Average Number of Number of burden/ Respondents respondents responses/re- response spondent (in hrs.)

Training Grant Application ERC ...... 3 1 348 Training Grant ...... 12 1 63 Continuation Grant Application ERC ...... 11 1 189 Training Grant ...... 28 1 27

Dated: September 10, 1997. propanediol, 2,4,6-tri-tert-butylphenyl Contact Person: Elisa D. Harvey, Wilma G. Johnson, ester, which may contain up to 1 Center for Devices and Radiological Acting Associate Director for Policy Planning percent by weight of Health (HFZ–470), Food and Drug And Evaluation, Centers for Disease Control triisopropanolamine, as an antioxidant Administration, 9200 Corporate Blvd., and Prevention (CDC). and/or stabilizer for olefin copolymers Rockville, MD 20850, 301–594–1180, or [FR Doc. 97–24482 Filed 9–15–97; 8:45 am] complying with 21 CFR 177.1520(c), FDA Advisory Committee Information BILLING CODE 4163±18±P items 3.1 and 3.2, intended for use in Line, 1–800–741–8138 (301–443–0572 contact with food. in the Washington, DC area), Obstetrics The agency has determined under 21 and Gynecology Devices Panel, code DEPARTMENT OF HEALTH AND CFR 25.32(i) that this action is of the 12524. Please call the Information Line HUMAN SERVICES type that does not individually or for up-to-date information on this cumulatively have a significant effect on meeting. Food and Drug Administration the human environment. Therefore, neither an environmental assessment Agenda: On October 6, 1997, the [Docket No. 97F±0375] nor an environmental impact statement committee will discuss and make General Electric Co.; Filing of Food is required. recommendations on a premarket Additive Petition Dated: August 29, 1997. approval application for a thermal endometrial ablation device. On October Alan M. Rulis, AGENCY: 7, 1997, the committee will discuss and Food and Drug Administration, Director, Office of Premarket Approval, HHS. Center for Food Safety and Applied Nutrition. advise FDA on a petition for ACTION: Notice. [FR Doc. 97–24424 Filed 9–15–97; 8:45 am] reclassification of home uterine activity monitors from class III (premarket BILLING CODE 4160±01±F SUMMARY: The Food and Drug approval) to class II (special controls). Administration (FDA) is announcing Procedure: Interested persons may that General Electric Co. has filed a DEPARTMENT OF HEALTH AND present data, information, or views, petition proposing that the food additive HUMAN SERVICES orally or in writing, on issues pending regulations be amended to provide for before the committee. Written the expanded safe use of phosphorous Food and Drug Administration submissions may be made to the contact acid, cyclic butylethyl propanediol, person by September 29, 1997. Oral 2,4,6-tri-tert-butylphenyl ester, which Advisory Committee; Notice of Meeting presentations from the public will be may contain up to 1 percent by weight AGENCY: of triisopropanolamine, as an Food and Drug Administration, scheduled between approximately 8:30 HHS. antioxidant and/or stabilizer in olefin a.m. and 9:30 a.m. on October 6 and 7, copolymers intended for use in contact ACTION: Notice. 1997. Time allotted for each with food. presentation may be limited. Those This notice announces a forthcoming FOR FURTHER INFORMATION CONTACT: Vir desiring to make formal oral meeting of a public advisory committee presentations should notify the contact D. Anand, Center for Food Safety and of the Food and Drug Administration Applied Nutrition (HFS–215), Food and person before September 29, 1997, and (FDA). The meeting will be open to the submit a brief statement of the general Drug Administration, 200 C St. SW., public. Washington, DC 20204, 202–418–3081. nature of the evidence or arguments Name of Committee: Obstetrics and they wish to present, the names and SUPPLEMENTARY INFORMATION: Under the Gynecology Devices Panel of the addresses of proposed participants, and Federal Food, Drug, and Cosmetic Act Medical Devices Advisory Committee. an indication of the approximate time (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), General Function of the Committee: required to make their presentation. notice is given that a food additive To provide advice and petition (FAP 7B4553) has been filed by recommendations to the agency on FDA Notice of this meeting is given under General Electric Co., One Lexan Lane, regulatory issues. the Federal Advisory Committee Act (5 Mt. Vernon, IN 47620–9364. The Date and Time: The meeting will be U.S.C. app. 2). petition proposes to amend the food held on October 6, 1997, 8:30 a.m. to 5 Dated: September 8, 1997 additive regulations in § 178.2010 p.m., and October 7, 1997, 8:30 a.m. to Michael A. Friedman, Antioxidants and/or stabilizers for 2 p.m. polymers (21 CFR 178.2010) to provide Location: Corporate Bldg., conference Deputy Commissioner for Operations. for the expanded safe use of room 020B, 9200 Corporate Blvd., [FR Doc. 97–24509 Filed 9–15–97; 8:45 am] phosphorous acid, cyclic butylethyl Rockville, MD. BILLING CODE 4160±01±F 48666 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

DEPARTMENT OF HEALTH AND To obtain copies of the supporting information to researchers, prevention HUMAN SERVICES statement and any related forms for the and treatment practitioners, and the proposed paperwork collections general public on the incidence and Health Care Financing Administration referenced above, E-mail your request, prevalence of drug use and prevention including your address, phone number, and treatment approaches. The Helpline [HCFA±R±54] OMB number, and HCFA document is a source of important information for identifier, to [email protected], or drug users at risk for contracting and Agency Information Collection call the Reports Clearance Office on spreading the AIDS virus as well. Activities: Submission for OMB (410) 786–1326. Written comments and Upon receipt of the satisfactory Review; Comment Request recommendations for the proposed application recommended for approval AGENCY: Health Care Financing information collections must be mailed by an Initial Review Group and the Administration, HHS. within 30 days of this notice directly to CSAT National Advisory Council, up to In compliance with the requirement the OMB desk officer: OMB Human $200,000 in Federal funds may be of section 3506(c)(2)(A) of the Resources and Housing Branch, awarded for a 12-month project period. Paperwork Reduction Act of 1995, the Attention: Allison Eydt, New Executive This is not a formal request for Health Care Financing Administration Office Building, Room 10235, applications. Grant funds will be (HCFA), Department of Health and Washington, DC 20503. provided only to the organization Human Services, is publishing the Dated: September 9, 1997. named above. Eligibility to apply for funds under following summary of proposed John P. Burke III, collections for public comment. this initiative is limited to the American HCFA Reports Clearance Officer, HCFA Office Council for Drug Education of New York Interested persons are invited to send of Information Services, Information comments regarding this burden Technology Investment Management Group, because it operates the National estimate or any other aspect of this Division of HCFA Enterprise Standards. Helpline of Phoenix House, the only 24- collection of information, including any [FR Doc. 97–24538 Filed 9–15–97; 8:45 am] hour-a-day nation-wide confidential Helpline dedicated exclusively to of the following subjects: (1) The BILLING CODE 4120±03±P necessity and utility of the proposed providing callers throughout the United information collection for the proper States with information on and referrals performance of the agency’s functions; DEPARTMENT OF HEALTH AND to substance abuse treatment. The (2) the accuracy of the estimated HUMAN SERVICES Helpline is the only organization burden; (3) ways to enhance the quality, equipped to carry out the purpose of utility, and clarity of the information to Substance Abuse and Mental Health this grant in the next 12 months. be collected; and (4) the use of Services Administration AUTHORITY/JUSTIFICATION: This grant will automated collection techniques or be made under the authority of Section other forms of information technology to Grant to American Council for Drug 501(d)(5) of the Public Health Service minimize the information collection Education of New York Act (42 USC 290aa). burden. AGENCY: Center for Substance Abuse The Catalog of Federal Domestic Type of Information Collection Treatment (CSAT), Substance Abuse Assistance (CFDA) number is 93.230. Request: Extension of a currently and Mental Health Services CONTACT: Ms. Charlotte O. Gordon or approved collection; Title of Administration (SAMHSA), DHHS. Ms. Carol DeForce, Office of Information Collection: Ambulatory ACTION: Planned award to enhance the Communications and External Liaison, Surgical Center Conditions of Coverage existing services of the National CSAT, SAMHSA, Rockwall II, 6th Floor, and Supporting Regulations in 42 CFR Helpline of Phoenix House. 5600 Fishers Lane, Rockville, MD 416.43 and 416.47; Document No.: 20857; (301) 443–5052. HCFA–R–54 (0938–0506); Use: SUMMARY: This notice is to provide Regulation standards are designed to information to the public concerning the Dated: September 8, 1997. ensure that each Ambulatory Surgical planned award by CSAT/SAMHSA to Richard Kopanda, Center has a properly trained staff and the American Council for Drug Executive Officer, SAMHSA. adequate physical environment to Education of New York to enhance and [FR Doc. 97–24425 Filed 9–15–97; 8:45 am] provide an appropriate type and level of expand the quality of referral services, BILLING CODE 4162±20±U care. Frequency: Annually; Affected responsiveness, and information Public: Business or other for-profit; currently being provided to the public Number of Respondents: 2,341; Total via the National Helpline of Phoenix DEPARTMENT OF HOUSING AND Annual Responses: 2,341 Total Annual House. This initiative is also designed to URBAN DEVELOPMENT Hours: 1. provide CSAT/SAMHSA with analyses It should be noted for the HCFA–R– of calls received and all critical [Docket No. FR±4181±N±05] 54, OMB 0938–0506, the applicability information on its efforts to expand the NOFA for the Public and Indian and burden associated with the ICRs availability of effective treatment and Housing Drug Elimination Program captured in this submission have been recovery services for alcohol and drug (PHDEP); Extension adjusted to properly reflect the degree of problems. burden associated with this collection. The American Council for Drug AGENCY: Office of the Assistant In particular, the ICRs captured in this Education of New York, which operates Secretary for Public and Indian submission have been determined to be the National Helpline of Phoenix House, Housing, HUD. approved under 0938–0266 or the provides the public with free, ACTION: Notice of funding availability burden has been deemed usual and confidential telephone access to (NOFA) for fiscal year 1997; Extension. customary in accordance with the 1995 substance abuse education, information, PRA. In order to comply and properly treatment referrals, and other related SUMMARY: On May 23, 1997, at 62 FR reflect the Act, HCFA assigned a token services through a confidential resource. 28538, HUD published a NOFA that one-hour of burden for this submission. The Helpline also disseminates announced Fiscal Year (FY) funding of Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48667

$250,649,052 under the Public and Dated: September 10, 1997. Fish and Wildlife Service, 1875 Century Indian Housing Drug Elimination Kevin Emanuel Marchman, Boulevard, Suite 200, Atlanta, Georgia Program (PHDEP) for use in eliminating Acting Assistant Secretary for Public and 30345 (Attn: David Dell, Permit drug-related crime. This notice extends Indian Housing. Biologist). Telephone: 404/679–7313; the application due date for NOFA [FR Doc. 97–24471 Filed 9–15–97; 8:45 am] Fax: 404/679–7081. applications that were addressed to BILLING CODE 4210±33±P Dated: September 8, 1997. HUD’s Birmingham, AL, Field Office H. Dale Hall, but could not be delivered because of an emergency in the field office building. DEPARTMENT OF THE INTERIOR Acting Regional Director. [FR Doc. 97–24477 Filed 9–15–97; 8:45 am] DATES: The original application Fish and Wildlife Service BILLING CODE 4310±55±P deadline date and time of Friday, August 8, 1997, at 3:00 PM. local time, Notice of Receipt of Application for is not changed, except as indicated in Endangered Species Permit DEPARTMENT OF THE INTERIOR this notice. Applications received by The following applicants have August 11, 1997 at HUD’s Birmingham, applied for a permit to conduct certain Bureau of Land Management AL, Field Office, accompanied by activities with endangered species. This affidavits declaring that delivery was notice is provided pursuant to Section [AK±962±1410±00±P; AA±9287] attempted on August 8, 1997, before 10(c) of the Endangered Species Act of 3:00 PM, local time, will be eligible for 1973, as amended (16 U.S.C. 1531 et Alaska Native Claims Selection consideration. seq.): In accordance with Departmental FOR FURTHER INFORMATION ON THE PUBLIC PRT–834056 regulation 43 CFR 2650.7(d), notice is AND INDIAN HOUSING DRUG ELIMINATION Applicant: Michael T. Keys, Dahlonega, hereby given that a decision to issue PROGRAM CONTACT: The local HUD Field Georgia conveyance under the provisions of Office, Director, Office of Public The applicant requests authorization Section 14(h)(1) of the Alaska Native Housing (Appendix ‘‘A’’ of the NOFA), to take (harass during installation of Claims Settlement Act of December 18, or Malcolm E. Main, Office of Crime artificial nest structures) the red- 1971, 43 U.S.C. 1601, 1613(h)(1), will be Prevention and Security, Office of cockaded woodpecker, Picoides issued to Calista Corporation for Community Relations and Involvement, borealis, throughout the species range, approximately 0.8 acres. The lands Public and Indian Housing, Department in Florida, Georgia, South Carolina, involved are in the vicinity of Nunivak of Housing and Urban Development, North Carolina, Alabama, Mississippi, Island, Alaska. Room 4116, 451 Seventh Street, S.W., Louisiana, and Texas for the purpose of Washington, D.C. 20410, telephone enhancement of survival of the species. Seward Meridian, Alaska (202) 708–1197. A telecommunications PRT–834070 T. 3 S., R. 102 W., device for hearing or speech impaired Sec. 25. Applicant: William T. Waddell, Point persons (TDD) is available at (202) 708– Defiance Zoo and Aquarium, Tacoma, A notice of the decision will be 0850. (These are not toll-free telephone Washington numbers.) published once a week, for four (4) The applicant requests authorization consecutive weeks, in the Anchorage SUPPLEMENTARY INFORMATION: A Notice to take (harass) the endangered red wolf, Daily News. Copies of the decision may of Funding Availability (NOFA) Canis rufus, during captive breeding be obtained by contacting the Alaska announcing HUD’s Fiscal Year (FY) and husbandry at the Point Defiance State Office of the Bureau of Land 1997 funding of $250,649,052 under the Zoo and Aquarium, Tacoma, Management, 222 West Seventh Public and Indian Housing Drug Washington, at facilities in Graham, Avenue, #13, Anchorage, Alaska 99513– Elimination Program) was published on Washington, and at other facilities 7599 ((907) 271–5960). May 23, 1997, 62 FR 28538, with an selected by the permittee to assist in the Any party claiming a property interest application due date of Friday, August captive breeding program for this which is adversely affected by the 8, 1997, before 3:00 PM, local time. species. This action renews and updates decision, an agency of the Federal On August 8, 1997, HUD’s previous authorization of ongoing government or regional corporation, Birmingham, AL, Field Office was captive breeding activities with the red shall have until October 16, 1997 to file closed at approximately 12:45 CDT, due wolf for the purpose of enhancement of an appeal. However, parties receiving to a bomb threat. The Birmingham survival of the species. service by certified mail shall have 30 Written data or comments on these Police Department evacuated the days from the date of receipt to file an applications should be submitted to: Federal building in which the Field appeal. Appeals must be filed in the Regional Permit Biologist, U.S. Fish and Office is located, and would not permit Bureau of Land Management at the Wildlife Service, 1875 Century personnel or traffic, which included address identified above, where the Boulevard, Suite 200, Atlanta, Georgia UPS and other delivery systems, to enter requirements for filing an appeal may be 30345. All data and comments must be the area. The building did not officially obtained. Parties who do not file an received by October 16, 1997. appeal in accordance with the reopen until Monday, August 11, 1997. Documents and other information requirements of 43 CFR part 4, subpart Because of this emergency situation, submitted with this application are E, shall be deemed to have waived their HUD has determined that it will accept available for review, subject to the rights. applications received at its Birmingham requirements of the Privacy Act and Field Office through August 11, 1997, Freedom of Information Act, by any Patricia A. Baker, provided that the applicants submit party who submits a written request for Land Law Examiner, ANCSA Team, Branch affidavits that they attempted delivery a copy of such documents to the of 962 Adjudication. to that Field Office before 3:00 PM local following office within 30 days of the [FR Doc. 97–24516 Filed 9–15–97; 8:45 am] time on August 8, 1997. date of publication of this notice: U.S. BILLING CODE 4310±$$±P 48668 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

DEPARTMENT OF THE INTERIOR period in the Record of Decision (ROD) State Office, Bureau of Land document. The ROD is the final Management, Boise, Idaho, effective 9 Bureau of Land Management document produced by the process. It a.m., September 4, 1997. [CA065±1492] outlines the process by which project The plat representing the dependent decisions were reached. A notice of resurvey of the 1960 fixed and limiting Final Environmental Impact Statement/ availability of the ROD will be boundary in section 15, T. 3 N., R. 41 Environmental Impact Report for published in the Federal Register and E., Boise Meridian, Idaho, Group 941, Soledad Mountain Project in Kern other media when it is completed. was accepted, September 4, 1997. County, CA Greg Thomsen, This survey was executed to meet Acting Area Manager. certain administrative needs of the AGENCY: Bureau of Land Management, [FR Doc. 97–24441 Filed 9–15–97; 8:45 am] Bureau of Land Management. Interior. All inquiries concerning the survey of BILLING CODE 4310±40±M ACTION: Notice. the above described land must be sent to the Chief, Cadastral Survey, Idaho SUMMARY: Notice is hereby given that DEPARTMENT OF THE INTERIOR State Office, Bureau of Land the Bureau of Land Management (BLM) Management, 1387 South Vinnell Way, and the County of Kern, State of Bureau of Land Management Boise, Idaho 83709–1657. California have prepared a Final Environmental Impact Statement/ [ID±957±1430±00] Dated: September 4, 1997. Environmental Impact Report (EIS/EIR) Duane E. Olsen, for the Soledad Mountain Project, a Idaho: Filing of Plats of Survey; Idaho Chief Cadastral Surveyor for Idaho. proposed gold mining operation on The plats of the following described [FR Doc. 97–24540 Filed 9–15–97; 8:45 am] public and private lands in Kern land were officially filed in the Idaho BILLING CODE 4310±GG±M County, California. State Office, Bureau of Land DATES: Comments on the Final Management, Boise, Idaho, effective 9 DEPARTMENT OF THE INTERIOR Environmental Impact Report/ a.m. September 4, 1997. Environmental Impact Statement must The plat representing the dependent Bureau of Land Management be postmarked no later than Oct. 19, resurvey of a portion of the Second 1997. Standard Parallel North (south [CA±940±5700±00; CACA 38601] ADDRESSES: Written comments should boundary, T. 9 N., R. 32 E.), portions of Notice of Proposed Withdrawal and be addressed to Bureau of Land the Eighth Auxiliary Meridian East Opportunity for Public Meeting; Management, Ridgecrest Resource Area, (each boundary), and of the California 300 S. Richmond Road, Ridgecrest, subdivisional lines, the subdivision of California 93555, Attention: Ahmed sections 1 and 2, and of a metes-and- AGENCY: Bureau of Land Management, Mohsen, EIS Coordinator. bounds survey in sections 1 and 2, T. 8 Interior. FOR FURTHER INFORMATION CONTACT: N., R. 32 E., Boise Meridian, Idaho, ACTION: Notice. Ahmed Mohsen-EIS Coordinator (760) Group 952, was accepted September 4, 384–5421. 1997. SUMMARY: The Bureau of Land SUPPLEMENTARY INFORMATION: The The dependent resurvey of a portion Management proposes to withdraw 40 purpose of the Final EIR/EIS is to of the Second Standard Parallel North acres of National Forest System land in present BLM and Kern County’s (south boundary) T. 9N., R. 33 E., Boise Plumas County to protect the Soda Rock response to public and agency Meridian, Idaho, Group 952, was area. This notice closes the land for up comments on the Draft EIS/EIR and accepted, September 4, 1997. to 2 years from mining. The land will issues and concerns presented in the These surveys were executed to meet remain open to mineral leasing and the two public meetings held on June 24th certain administrative needs of the Materials Act of 1947. & 25th, 1997. This is an abbreviated Bureau of Land Management. DATES: Comments and requests for a Final EIS/ERI formatted in accordance All inquiries concerning the survey of public meeting must be received by with NEPA Regulations at 40 CFR the above described land must be sent December 15, 1997. 1503.4(c). In order to provide to the Chief, Cadastral Survey, Idaho ADDRESSES: State Director, BLM (CA– continuity, response to the comments State Office, Bureau of Land 931), 2135 Butano Drive, Sacramento, has been formatted and organized to fit Management, 1387 South Vinnell Way, California 95825–0451. Boise, Idaho, 83709–1657. within the body of the document FOR FURTHER INFORMATION CONTACT: circulated for public review in June and Dated: September 4, 1997. Either Duane Marti, BLM California July 1997. Since this had been a joint Duane E. Olsen, State Office, 916–978–4675, or David federal/state process, administrative Chief Cadastral Survey or for Idaho. Bauer, Plumas National Forest, Forest procedures for each lead agency govern [FR Doc. 97–24539 Filed 9–15–97; 8:45 am] Service, 916–283–2050. the schedules and documentation BILLING CODE 4310±GG±M SUPPLEMENTARY INFORMATION: On August requirements after completion of the 5, 1997, the Plumas National Forest, Final EIS/EIR. Kern County Board of Forest Service, filed an application to Supervisors held a public meeting on DEPARTMENT OF THE INTERIOR withdraw the following described September the 8th in Bakersfield, National Forest System land from California to review and consider the Bureau of Land Management location and entry under the United certification and adoption of the EIR States mining laws (30 U.S.C. Ch. 2), and the issuance of the appropriate [ID±957±1430±00] subject to valid existing rights: permits for the operation. After Idaho: Filing of Plats of Survey; Idaho completion of the 30-day public review, Mount Diablo Meridian BLM would consider and respond to The plat of the following described T. 25 N., R. 9 E., any comments received during this land was officially filed in the Idaho Sec. 3, SW1⁄4SW1⁄4. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48669

The area described contains 40 acres in Hotel, located at 404 South Figueroa Whether the proposed or continuing Plumas County . Street, Los Angeles, CA. collections of information is necessary The purpose of the proposed The Commission was authorized on for the proper performance of the withdrawal is to protect the Soda Rock December 11, 1991, by Pub. L. 102–211, functions of the agency, including area, which is located near Indian Falls for the purpose of advising the Secretary whether information shall have and along Indian Creek. of the Interior in the development of a practical utility; (b) the accuracy of the General Management Plan for the Mary burden estimates; (c) ways to enhance For a period of 90 days from the date McLeod Bethune Council House the quality, utility, and clarity of the of publication of this notice, all persons National Historic Site. information collected; and (d) ways to who wish to submit comments, The members of the Commission are minimize the burden of the collection of suggestions, or objections in connection as follow: Dr. Dorothy I. Height; Ms. information on the respondents, with the proposed withdrawal may Barbara Van Blake; Ms. Brenda Girton- including the use of automated present their views in writing to the Mitchell; Dr. Savanna C. Jones; Dr. collection techniques or other forms of California State Director of the Bureau Bettye J. Gardner; Bettye Collier- information technology. of Land Management. Thomas; Mr. Eugene Morris; Dr. Rosalyn DATES: Send comments on or before Notice is hereby given that an Terborg-Penn; Mrs. Bertha S. Waters; Dr. September 30, 1997. opportunity for a public meeting is Frederick Stielow; Dr. Sheila Flemming; afforded in connection with the Dr. Ramona Edelin; Mrs. Romaine B. ADDRESS INFORMATION TO: Mary Ann proposed withdrawal. All interested Thomas; Ms. Brandi L. Creighton; and Ball, Bureau of Management, Office of persons who desire a public meeting for Dr. Janette Hoston Harris. Administrative Services, Information the purpose of being heard on the The purpose of these meeting will be Records Division, U.S. Agency for proposed withdrawal must submit a to continue planning and developing a International Development, Washington, written request to the California State general management plan for the Mary DC (202) 712–1765 or via e-mail Director within 90 days from the date of McLeod Bethune Council House [email protected]. publication of this notice. Upon National Historic Site. This meeting will SUPPLEMENTARY INFORMATION: determination by the authorized officer be open to the public. Any person may that a public meeting will be held, a file with the Commission a written OMB Number: OMB 0412–0012. notice of the time and place will be statement concerning the matters to be Form Number: N/A. published in the Federal Register at discussed. Persons who wish further least 30 days before the scheduled date information concerning this meeting or Title: Supplier’s Certificate Agreement of the meeting. wish to file a written statement or testify with the U.S. Agency for International The application will be processed in at the meeting may contact Ms. Marta C. Development—Invoice and Contract accordance with the regulations set Kelly, the Federal Liaison Officer for the Abstract. forth in 43 CFR 2300. Commission, at (202) 673–2402. Type of Submission: Renew. For a period of 2 years from the date Minutes of these meetings will be Purpose: The U.S. Agency for of publication of this notice in the available for public inspection 4 weeks International Development (USAID) Federal Register, the land will be after the meeting at the Mary McLeod finances goods and related services segregated as specified above unless the Bethune Council House National under its Commodity Import Program application is denied or canceled or the Historic Site, located at 1318 Vermont which are contracted for by public and withdrawal is approved prior to that Avenue, N.W., Washington, DC 20005. private entities in the countries date. The temporary uses which may be Dated: September 11, 1997. receiving the USAID assistance. Since permitted during this segregative period Richard E. Powers, USAID is not a party to these contracts, are those which are determined to be Associate Superintendent, National Capital USAID needs some means to collect compatible with the use of the land by Region. information directly from the suppliers Forest Service. [FR Doc. 97–24506 Filed 9–15–97; 8:45 am] of the goods and related services and to Dated: September 9, 1997. BILLING CODE 4310±70±M enable to USAID to take appropriate David McIlnay, action against them in the event they do Chief, Branch of Lands. not comply with the applicable regulations. USAID does this by [FR Doc. 97–24442 Filed 9–15–97; 8:45 am] AGENCY FOR INTERNATIONAL securing from the suppliers, as a BILLING CODE 4310±40±P DEVELOPMENT condition for the disbursement of funds Proposed Collection; Comment a certificate and agreement with USAID DEPARTMENT OF THE INTERIOR Request which contains appropriate representations by the suppliers. National Park Service ACTION: Proposed collection: Comment Annual Reporting Burden: request. Mary McLeod Bethune Council House Respondents: 400. National Historic Site Advisory SUMMARY: U.S. Agency for International Total annual responses: 3,600. Development (USAID) is making efforts Commission; Public Meeting Total annual hours requested: 1,800. to reduce the paperwork burden. USAID Notice is hereby given in accordance invites the general public and other Dated: September 5, 1997. with the Federal Advisory Committee Federal agencies to take this Willette L. Smith, Act that a meeting of the Mary McLeod opportunity to comment on the Acting Chief, Information Records Division, Bethune Council House National following proposed and/or continuing Office of Administrative Services, Bureau of Historic Site Advisory Commission will information collections, as required by Management. be held on September 30, 1997 at 1 p.m. the Paperwork Reduction Act of 1995. [FR Doc. 97–24536 Filed 9–15–97; 8:45 am] to 5 p.m., at the Westin Bonaventure Comments are requested concerning: (a) BILLING CODE 6116±01±M 48670 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

DEPARTMENT OF JUSTICE from the Consent Decree Library. In DEPARTMENT OF JUSTICE requesting a copy, please enclose a Notice of Lodging of Consent Decree check in the amount of $2.75 for the Parole Commission Pursuant to the Comprehensive decree (25 cents per page reproduction Environmental Response, costs) payable to the Consent Decree Sunshine Act Meeting Compensation and Liability Act Library. When requesting a copy, please Public Announcement In accordance with the policy of the refer to United States v. Buyken Industries, et al., D.J. Ref. 90–7–1–233A. Pursuant To The Government In the Department of Justice, notice is hereby Sunshine Act given that a proposed consent decree in Bruce Gelber, United States v. Buyken Industries, et Deputy Chief, Environmental Enforcement (Public Law 94–409) [5 U.S.C. Section al., Civ. No. C97–1416D, was lodged Section, Environment and Natural Resources 552b] Division. with the United States District Court for AGENCY HOLDING MEETING: Department of the Western District of Washington, on [FR Doc. 97–24537 Filed 9–15–97; 8:45 am] Justice, United States Parole August 27, 1997. That action was BILLING CODE 4410±15±M Commission. brought against defendants pursuant to DATE AND TIME: 9:30 a.m., Thursday, section 107 of CERCLA for the recovery September 18, 1997. DEPARTMENT OF JUSTICE of response costs incurred and to be PLACE: 5550 Friendship Boulevard, incurred at the Western Processing Parole Commission Suite 400, Chevy Chase, Maryland Superfund Site in Kent, Washington. 20815. Because the defendants have Sunshine Act Meeting STATUS: contributed minuscule amounts of Closed—Meeting. MATTERS CONSIDERED: hazardous substances to the Site (less Public Announcement The following than .002% of the wastes received at the matter will be considered during the Pursuant to the Government In The Site), they are considered ‘‘de closed portion of the Commission’s Sunshine Act micromis’’ contributors of hazardous Business Meeting: substances to the Site. Consistent with (Public Law 94–409) [5 U.S.C. Section (1) Appeal to the Commission the ‘‘Revised Guidance of CERCLA 552b] involving approximately four cases decided by the National Commissioners Settlements with De Micromis Waste AGENCY HOLDING MEETING: Department of Contributors,’’ dated June 3, 1996, the pursuant to a reference under 28 C.F.R. Justice, United States Parole 2.27. These cases were originally heard United States has settled with these Commission. parties in exchange for certain by an examiner panel wherein inmates TIME AND DATE: 1:30 p.m., Thursday, certifications and covenants made by of Federal prisons have applied for September 18, 1997. them. The settlement is designed to parole or are contesting revocation of resolve fully each settling party’s PLACE: 5550 Friendship Boulevard, parole or mandatory release. liability at the Site through a covenant Suite 400, Chevy Chase, Maryland (2) One case involving consideration not to sue under sections 106 and 107 20815. of a request for exemption under 29 of CERCLA, 42 U.S.C. 9606, 9607, and STATUS: Open. U.S.C. § 504. section 7003 of the Resource MATTERS TO BE CONSIDERED: The AGENCY CONTACT: Tom Kowalski, Case Conservation and Recovery Act, 42 following matters have been placed on Operations, United States Parole U.S.C. 6973. the agenda for the open Parole Commission, (301) 492–5962. The Department of Justice will receive Commission meeting. Dated: September 11, 1997. comments relating to the proposed 1. Approval of minutes of previous Michael A. Stover, consent decree for a period of 30 days Commission meeting. General Counsel, U.S. Parole Commission. from the date of this publication. 2. Reports from the Chairman, [FR Doc. 97–24722 Filed 9–2–97; 2:35 pm] Comments should be addressed to the Commissioners, Legal, Chief of Staff, BILLING CODE 4410±01±M Assistant Attorney General of the Case Operations, and Administrative Environment and Natural Resources Sections. Division, Department of Justice, 3. Discussion regarding military Washington, DC 20530. All comments prisoners who are released from prison DEPARTMENT OF LABOR should refer to United States v. Buyken under mandatory release. Office of the Secretary Industries, et al., D.J. Ref. 90–7–1–233A. 4. Discussion of the Expedited Commenters may request an Revocation Procedure. Submission for OMB Emergency opportunity for a public meeting in the 5. Approval of Final Revisions to Review; Comment Request affected area in accordance with section Regulations regarding the Freedom of 7003(d) of RCRA. Information Act. September 11, 1997. The proposed consent decree may be 6. Proposed change to the Procedures The Department of Labor has examined at the office of the United Manual regarding Parolees who receive submitted the following (see below) States Attorney for the Western District new convictions and alternative information collection request (ICR), of Washington, 3600 Seafirst Fifth sanctions to revocation of parole. utilizing emergency review procedures, Avenue Plaza, 800 Fifth Avenue, Room AGENCY CONTACT: Tom Kowalski, Case to the Office of Management and Budget 3600, Seattle, WA 98104, at the Region Operations, United States Parole (OMB) for review and clearance in X office of the Environmental Protection Commission, (301) 492–5962. accordance with the Paperwork Agency, 1200 6th Avenue, Seattle, WA Reduction Act of 1995 (P.L. 104–13, 44 98101, and at the Consent Decree Dated: September 11, 1997. U.S.C. Chapter 35). OMB approval has Library, 1120 G Street, NW, 4th floor, Michael A. Stover, been requested by September 22, 1997. Washington, DC 20005, 202–624–0892. General Counsel, U.S. Parole Commission. A copy of this ICR, with applicable A copy of the proposed consent decree [FR Doc. 97–24721 Filed 9–12–97; 2:40 pm] supporting documentation, may be may be obtained in person or by mail BILLING CODE 4410±01±M obtained by calling the Department of Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48671

Labor Departmental Clearance Officer, competitive grants to public and private • Minimize the burden of the Theresa M. O’Malley ((202) 219–5096 entities. In order to receive formula collection of information on those who x143). grant funds, the statute provides that the are to respond, including through the Comments and questions about the State must submit a plan for the use of appropriate automated, ICR listed below should be forwarded to administration of the WtW grant. This electronic, mechanical, or other the Office of Information and Regulatory Planning Guidance and Instructions for technological, e.g., permitting Affairs, Attn: OMB Desk Officer for Submission of Annual State Plans submissions of responses Employment and Training, Office of addresses the information required for Agency: Employment and Training Management and Budget, Room 10235, States which will enable them to qualify Administration. Washington, D.C. 20503 ((202) 395– for the formula grant funds in Fiscal 7316). Year 1998. Separate guidance will be Title: Work Opportunity Tax Credit The Office of Management and Budget issued for both the grants to the Indian (WOTC) and Welfare-to-Work Tax is particularly interested in comments tribes and the competitive grants. Credit. which: Theresa M. O’Malley, OMB Number: 1205–0371. • Evaluate whether the proposed Departmental Clearance Officer. Agency number: ETA 9057–59; 9061– collection of information is necessary [FR Doc. 97–24526 Filed 9–15–97; 8:45 am] 9036 and 9065. for the proper performance of the BILLING CODE 4510±30±M functions of the agency, including Number of Respondents: 52. whether the information will have Estimated Time per Response: 20 practical utility; DEPARTMENT OF LABOR minutes. • Evaluate the accuracy of the Total Burden Hours: 2,600. agency’s estimate of the burden of the Office of the Secretary proposed collection of information, Frequency: Quarterly. including the validity of the Submission for OMB Emergency Affected Public: State, Local or Tribal methodology and assumptions used; Review; Comment Request Government. • Enhance the quality, utility, and Date: September 11, 1997. Total Burden Cost (capital/startup): clarity of the information to be The Department of Labor has –0– collected; and submitted the Work Opportunity Tax Total Burden Cost (operating/ • Minimize the burden of the Credit (WOTC) administrative forms maintaining: –0– collection of information on those who and information collection request are to respond, including through the Description: The Employment and (ICR), utilizing emergency review use of appropriate automated, Training Administration (ETA) has procedures, to the Office of Management electronic, technical, or other oversight responsibilities for the Work and Budget (OMB) for review and technological collection techniques or Opportunity Tax Credit (WOTC) under clearance in accordance with the other forms of information technology, the Small Business Jobs Protection Act Paperwork Reduction Act of 1995 (P.L. e.g., permitting electronic submissions of 1996 (P.L. 104–188) and the Taxpayer 104–13, 44 U.S.C. Chapter 35). OMB of responses. Relief Act of 1997 (P.L. 105–34). Data approval has been requested by Agency: Employment and Training collected on the WOTC will be collected September 19, 1997. A copy of this ICR, Administration. by the State Employment Security with applicable supporting Title: Planning Guidance and Agencies and provided to the U.S. documentation, may be obtained by Instructions for Submission of Annual Employment Service, Division of calling the Department of Labor, State Plans for FY’98 Welfare-to-Work Planning and Operations, Washington, Departmental Clearance Officer, Theresa Formula Grants. DC, through the appropriate Department O’Malley (202) 219–5096 x. 166). of Labor regional office. The data will be OMB Number: 1205–0new. Comments and questions about the Frequency: Annually. used, primarily, to supplement IRS WOTC ICR should be forwarded to the Form 8850, help expedite the processing Affected Public: State and local Office of Information and Regulatory governments. of, either, employer requests for Affairs, Attn: OMB Desk Officer for the Certifications generated through IRS Number of Respondents: 56. Employment and Training Estimated Time Per Respondent: 3 From 8850 or issuance of Conditional Administration, Office of Management Certifications (CCs) and processing of hours. and Budget, Room 10235, Washington, Total Burden Hours: 168. employer requests for Certifications as a D.C. 20503 (202) 395–7316). result of individuals’ bearing SESAs or Total Burden Cost (capital/startup): 0. The Office of Management and Budget participating agencies’ generated CCs, Total Burden Cost (operating/ is particularly interested in comments help streamline SESAs verification maintaining): 0. which: mandated activities, aid and expedite Description: The Balanced Budget Act • Evaluate whether the proposed the preparation of the quarterly reports, of 1997, signed by the President on collection of information is necessary and provide a significant source of August 5, 1997, authorized the for the proper performance of the information for the Secretary’s Annual Department of Labor to provide Welfare- functions of the agency, including Report to Congress on the WOTC to-Work (WtW) grants to States and whether the information will have program. The data recorded through the local communities to provide practical utility; use of these forms will also help in the transitional employment assistance to • Evaluate the accuracy of the preparation of an annual report to the move Temporary Assistance for Needy agency’s estimate of the burden of the Committee House Ways and Means of Families (TANF) recipients with proposed collection, including the the U.S. House of Representatives. significant employment barriers into validity of the methodology and unsubsidized jobs providing long-term assumptions used; Theresa M. O’Malley, employment opportunities. WtW funds • Enhance the quality, utility, and Departmental Clearance Officer. will be provided through formula grants clarification of the information to be [FR Doc. 97–24633 Filed 9–15–97; 8:45 am] to the States, grants to Indian tribes and collected; and BILLING CODE 4510±22±M 48672 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

DEPARTMENT OF LABOR (b) They are in the interests of the Arizona (the Properties) to McLane plans and their participants and Company, Inc. (McLane), the Plan Pension and Welfare Benefits beneficiaries; and sponsor and a party in interest with Administration (c) They are protective of the rights of respect to the Plan, provided that the [Prohibited Transaction Exemption 97±49; the participants and beneficiaries of the following conditions were satisfied: (a) Exemption Application No. D±10310, et al.] plans. The Sale was a one time transaction for Pension Fund of the Bricklayers and a lump sum cash payment; (b) the Grant of Individual Exemptions; Allied Crafts, Local No. 74 of DuPage purchase prices were the fair market Bricklayers and Allied Crafts, Local No. County, Illinois, a/k/a Masons’ and values of the Properties as of the date of 74 of DuPage County Plasterers’, Local No. 74 of DuPage the Sale; (c) the Properties have been appraised by qualified independent real AGENCY: Pension and Welfare Benefits County, Illinois (the Pension Plan) and Bricklayers and Allied Craftsmen Local estate appraisers; (d) a qualified, Administration, Labor. independent fiduciary determined that ACTION: Grant of Individual Exemptions. No. 74 Apprenticeship, Education and Training Trust Fund (the the Sale was in the best interests of the Plan; and (e) the Plan paid no SUMMARY: This document contains Apprenticeship Plan; together, the commissions or other expenses relating exemptions issued by the Department of Plans), Located in Westmont, Illinois to the Sale. Labor (the Department) from certain of [Prohibited Transaction Exemption 97–49; For a more complete statement of the the prohibited transaction restrictions of Exemption Application Nos. D–10310 and L– facts and representations supporting the the Employee Retirement Income 10311] Department’s decision to grant this Security Act of 1974 (the Act) and/or exemption, refer to the notice of the Internal Revenue Code of 1986 (the Exemption proposed exemption published on May Code). The restrictions of section 406(b)(2) of 20, 1997 at 62 FR 27625. Notices were published in the Federal the Act shall not apply to the sale of Register of the pendency before the certain real property (the Property) by EFFECTIVE DATE: The effective date of Department of proposals to grant such the Apprenticeship Plan to the Pension this exemption is April 21, 1993. exemptions. The notices set forth a Plan, provided the following conditions Written Comments summary of facts and representations are satisfied: (1) The sale is a one-time contained in each application for transaction for cash; (2) no commissions The Department received no requests exemption and referred interested or other expenses are paid by the Plans for a public hearing on the proposed persons to the respective applications in connection with the sale; (3) the exemption. The Department received for a complete statement of the facts and purchase price for the Property one written comment which was representations. The applications have represents its fair market value as submitted by Sarofim Realty Advisors been available for public inspection at determined by a qualified, independent (the Applicant). The Applicant’s the Department in Washington, DC. The appraiser; and (4) the Pension Plan’s comment, and the Department’s notices also invited interested persons independent fiduciary and the response thereto, is summarized below. First, the Applicant requests that the to submit comments on the requested Apprenticeship Plan’s trustees have words ‘‘the IMA’’ should be inserted in exemptions to the Department. In reviewed the transaction and have the first sentence of Paragraph 7 of the addition the notices stated that any determined that the transaction is Summary of Facts and Representations interested person might submit a appropriate for each of the Plans and in (SFR) at page 27627 in lieu of the phrase written request that a public hearing be the best interest of the Plans’ ‘‘Investment Management Agreement’’ held (where appropriate). The participants and beneficiaries. applicants have represented that they For a more complete statement of the (as such words are set forth in have complied with the requirements of facts and representations supporting the quotations). The Department concurs. the notification to interested persons. Department’s decision to grant this The third paragraph in Paragraph 9 of No public comments and no requests for exemption, refer to the notice of the SFR at page 27628 states: a hearing, unless otherwise stated, were proposed exemption published on July McLane also represents that, if McLane had received by the Department. 21, 1997 at 62 FR 39027. treated the excess of the purchase price for the properties over their fair market values as The notices of proposed exemption FOR FURTHER INFORMATION CONTACT: Gary a Plan contribution in 1993, the resulting were issued and the exemptions are H. Lefkowitz of the Department, being granted solely by the Department allocations would not have violated the telephone (202) 219–8881. (This is not limitations of Internal Revenue Code section because, effective December 31, 1978, a toll-free number.) 415. section 102 of Reorganization Plan No. 4 of 1978 (43 FR 47713, October 17, McLane Company, Inc. Profit Sharing The Applicant requests that the 1978) transferred the authority of the Plan and Trust (the Plan), Located in paragraph be deleted in its entirety and Secretary of the Treasury to issue Temple, Texas replaced by a new paragraph that exemptions of the type proposed to the [Prohibited Transaction Exemption 97–50; provides as follows: Secretary of Labor. Exemption Application No. D–10340] The Applicant represents that McLane’s motives for consummating the Sale were not Statutory Findings Exemption relevant to the process employed by the In accordance with section 408(a) of The restrictions of sections 406(a), Applicant in evaluating whether or not, in the Act and/or section 4975(c)(2) of the 406 (b)(1) and (b)(2) of the Act and the the professional opinion of the Applicant, it Code and the procedures set forth in 29 sanctions resulting from the application would be prudent and in the best interest of CFR part 2570, subpart B (55 FR 32836, of section 4975 (a) and (b) of the Code, Plan participants for the Applicant to direct the Trustee to consummate the Sale. The 32847, August 10, 1990) and based upon by reason of section 4975(c)(1) (A) Applicant further represents that in the entire record, the Department makes through (E) of the Code, shall not apply connection with its negotiations with the following findings: to the past sale (the Sale) by the Plan of McLane, the Applicant sought and obtained (a) The exemptions are two parcels of unimproved real property for the Plan what the Applicant determined administratively feasible; located in Temple, Texas and Goodyear, was the highest possible sales price for the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48673 subject Properties. Such price, coupled with Property as determined by a qualified, Department’s decision to grant this the Applicant’s determination that continued independent appraiser, or (2) the exemption, refer to the notice of holding of the Properties would likely result original acquisition price *; proposed exemption published on July in further lost opportunities for the Plan to (E) Before the transaction is 11, 1997 at 62 FR 37307. provide enhanced benefits from alternative consummated, the Plan has received investments, resulted in the Applicant’s Temporary Nature of Exemption decision to direct the Trustee to consummate rental payments of no less than the the Sale. Property’s fair market rental value for The exemption is temporary and will each month of the Plan’s ownership of expire five (5) years after the date of the Although the Department has no the Property during which it was grant. However, the exemption will objection to the new paragraph occupied by Hanna Weiss, a party in extend until the maturity of any of the suggested by the Applicant, the interest with respect to the Plan; and 90 day Loans made within the 5 year Department continues to believe that the (F) Within 60 days of the publication period. original language of the third paragraph in the Federal Register of this Notice, in Paragraph 9 of the SFR is relevant to Weiss makes final payment to the FOR FURTHER INFORMATION CONTACT: Mr. the issues addressed in the proposed Internal Revenue Service of any Gary H. Lefkowitz of the Department, exemption. remaining unpaid excise taxes which telephone (202) 219–8881. (This is not Finally, the Applicant requests that are applicable under section 4975(a) of a toll free number.) the Department modify the first the Code by reason of the Plan’s rental General Information sentence in Paragraph 10 of the SFR at of the Property to a party in interest. page 27628. The Department does not For a more complete statement of the The attention of interested persons is object to this requested revision and facts and representations supporting the directed to the following: amends the sentence to provide as Department’s decision to grant this (1) The fact that a transaction is the follows: exemption refer to the Notice of subject of an exemption under section In summary, the Applicant represents that Proposed Exemption published on July 408(a) of the Act and/or section it now understands that the Department is of 21, 1997 at 62 FR 39028. 4975(c)(2) of the Code does not relieve the view that the conditions of PTE 84–14 FOR FURTHER INFORMATION CONTACT: a fiduciary or other party in interest or may not have been satisfied with respect to Janet L. Schmidt of the Department, disqualified person from certain other the Sale. telephone (202) 219–8883 (This is not a provisions to which the exemption does The Department has considered the toll-free number.) not apply and the general fiduciary responsibility provisions of section 404 entire record, including the comments Smart Chevrolet Co. Employees’ Profit submitted by the Applicant, and has of the Act, which among other things Sharing Retirement Plan (the Plan), require a fiduciary to discharge his determined to grant the exemption as Located in Pine Bluff, Arkansas amended in response to the Applicant’s duties respecting the plan solely in the comments. [Prohibited Transaction Exemption 97–52; interest of the participants and Exemption Application No. D–10445] FOR FURTHER INFORMATION CONTACT: beneficiaries of the plan and in a Wendy McColough of the Department, Exemption prudent fashion in accordance with section 404(a)(1)(B) of the Act; nor does telephone (202) 219–8971. (This is not The restrictions of sections 406(a), a toll-free number.) it affect the requirement of section 406(b)(1) and 406(b)(2) of the Act and 401(a) of the Code that the plan must H. Weiss & Company, Incorporated the sanctions resulting from the operate for the exclusive benefit of the Defined Benefit Pension Plan (The application of section 4975 of the Code, employees of the employer maintaining Plan), Located in New York, New York by reason of sections 4975(c)(1) (A) the plan and their beneficiaries through (E) of the Code shall not apply (2) These exemptions are [Prohibited Transaction Exemption 97–51; to: (1) The secured loans (the Loans) by Application No. D–10402] supplemental to and not in derogation the Plan to Motors Finance Company of, any other provisions of the Act and/ Exemption (Motors), a party in interest with respect or the Code, including statutory or to the Plan, and (2) the guaranty of such The restrictions of sections 406(a), administrative exemptions and Loans (the Guaranty) by the individual 406(b)(1), and 406(b)(2) of the Act and transactional rules. Furthermore, the partners of Motors; provided that the the sanctions resulting from the fact that a transaction is subject to an following conditions are met: (a) The application of section 4975 of the Code, administrative or statutory exemption is terms and conditions of the Loans are at by reason of section 4975(c)(1) (A) not dispositive of whether the least as favorable as those which the through (E) of the Code shall not apply transaction is in fact a prohibited Plan could have received in similar to the sale by the Plan of a certain transaction; and condominium unit (the Property) transactions with an unrelated third party; (b) an independent fiduciary (3) The availability of these located in New York, New York, to exemptions is subject to the express Hanna Weiss, a party in interest with negotiates, reviews, approves, and monitors the Loans and the Guaranty condition that the material facts and respect to the Plan, provided that the representations contained in each following conditions are satisfied: under the terms and conditions, as set # application accurately describes all (A) All terms of the transaction are at forth in paragraph 6 of the notice of proposed exemption; and (c) the balance material terms of the transaction which least as favorable to the Plan as those is the subject of the exemption. which the Plan could obtain in an of all Loans will at no time exceed 15% arm’s-length transaction with an of the assets of the Plan. Signed at Washington, DC, this 10th day of unrelated party For a more complete statement of the September, 1997. (B) The sale is a one-time transaction facts and representations supporting the Ivan Strasfeld, for cash Director of Exemption Determinations, (C) The Plan pays no commissions nor * The original acquisition cost is determined as Pension and Welfare Benefits Administration, follows: (original purchase price + aggregate real Department of Labor. other expenses relating to the sale estate taxes + aggregate condominium association (D) The purchase price is the greater fees)—aggregate rental income = original [FR Doc. 97–24462 Filed 9–15–97; 8:45 am] of: (1) The fair market value of the acquisition cost. BILLING CODE 4510±29±P 48674 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

NEIGHBORHOOD REINVESTMENT 3. The form number if applicable: Not Office of Management and Budget, CORPORATION applicable. Washington, DC 20503. 4. How often the collection is Comments can also be submitted by Sunshine Act Meeting; Regular required: Applications for package telephone at (202) 395–3084. Meeting of the Board of Directors certification may be made at any time. The NRC Clearance Officer is Brenda Required reports are collected and Jo. Shelton, (301) 415–7233. TIME AND DATE: 2:00 p.m., Thursday, evaluated on a continuing basis as September 25, 1997. Dated at Rockville, Maryland, this 9th day events occur. of September 1997. PLACE: Neighborhood Reinvestment 5. Who will be required or asked to For the Nuclear Regulatory Commission. Corporation, 1325 G Street, N.W., Suite report: All NRC specific licensees who 800, Board Room, Washington, D.C. place byproduct, source, or special Arnold E. Levin, 20005. nuclear material into transportation, and Acting Designated Senior Official for Information Resources Management. STATUS: Open. all persons who wish to apply for NRC [FR Doc. 97–24560 Filed 9–15–97; 8:45 am] CONTACT PERSON FOR MORE INFORMATION: approval of package designs for use in Jeffrey T. Bryson, General Counsel/ such transportation. BILLING CODE 7590±01±P Secretary 202/376–2441. 6. An estimate of the number of responses: 755 responses annually. AGENDA: 7. The estimated number of annual NUCLEAR REGULATORY COMMISSION I. Call to Order respondents: 350 licensees. II. Approval of Minutes: 8. An estimate of the total number of [Docket No. 50±440] April 16, 1997 Annual Meeting hours needed annually to complete the III. Resolution of Appreciation requirement or request: 56,712 hours for Cleveland Electric Illuminating IV. Budget Committee Report reporting requirements and 6,825 for Company, et al.; Notice of July 28, 1997 Meeting: recordkeeping requirements, or a total of Consideration of Issuance of a. FY 1997 Budget Reallocation Request 63,537 hours (approximately 182 hours Amendment to Facility Operating b. FY 1998 Budget Request per respondent). License, Proposed No Significant c. FY 1999 OMB Budget Submission 9. An indication of whether section Hazards Consideration Determination, V. Audit Committee Report 3507(d), Pub. L. 104–13 applies: Not VI. Treasurer’s Report and Opportunity for a Hearing applicable. VII. Appointment of Acting Treasurer The U.S. Nuclear Regulatory VIII. Executive Director’s Quarterly 10. Abstract: NRC regulations in 10 Management Report CFR part 71 establish requirements for Commission (the Commission) is IX. Adjourn packing, preparation for shipment, and considering issuance of an amendment Jeffrey T. Bryson, transportation of licensed material, and to Facility Operating License No. NPF– 58 issued to Cleveland Electric General Counsel/Secretary. prescribe procedures, standards, and Illuminating Company (CEICO), [FR Doc. 97–24720 Filed 9–12–97; 2:30 pm] requirements for approval by NRC of packaging and shipping procedures for Centerior Service Company, Duquesne BILLING CODE 7570±01±M fissile material and for quantities of Light Company, Ohio Edison Company, licensed material in excess of Type A OES Nuclear, Inc., Pennsylvania Power quantities. Company, and Toledo Edison Company NUCLEAR REGULATORY A copy of the submittal may be (the licensees) for operation of the Perry COMMISSION viewed free of charge at the NRC Public Nuclear Power Plant (PNPP), Unit No. 1, located in Lake County, Ohio. Agency Information Collection Document Room, 2120 L Street, NW The proposed amendment would Activities: Submission for OMB (Lower Level), Washington, DC. change the PNPP design basis as Review; Comment Request Members of the public who are in the Washington, DC, area can access the described in the Updated Safety AGENCY: Nuclear Regulatory submittal via modem on the Public Analysis Report (USAR). The change Commission (NRC). Document Room Bulletin Board (NRC’s will add a description of the ACTION: Notice of the OMB review of Advance Copy Document Library) NRC methodology utilized for determining information collection and solicitation subsystem at FedWorld, 703–321–3339. the systems and components that are of public comment. Members of the public who are located considered to require protection from outside of the Washington, DC, area can tornado missiles. SUMMARY: The NRC has recently dial FedWorld, 1–800–303–9672, or use Before issuance of the proposed submitted to OMB for review the the FedWorld Internet address: license amendment, the Commission following proposal for the collection of fedworld.gov (Telnet). The document will have made findings required by the information under the provisions of the will be available on the bulletin board Atomic Energy Act of 1954, as amended Paperwork Reduction Act of 1995 (44 for 30 days after the signature date of (the Act) and the Commission’s U.S.C. Chapter 35). The NRC hereby this notice. If assistance is needed in regulations. informs potential respondents that an accessing the document, please contact The Commission has made a agency may not conduct or sponsor, and the FedWorld help desk at 703–487– proposed determination that the that a person is not required to respond 4608. Additional assistance in locating amendment request involves no to, a collection of information unless it the document is available from the NRC significant hazards consideration. Under displays a currently valid OMB control Public Document Room, nationally at 1– the Commission’s regulations in 10 CFR number. 800–397–4209, or within the 50.92, this means that operation of the 1. Type of submission, new, revision, Washington, DC, area at 202–634–3273. facility in accordance with the proposed or extension: Extension. Comments and questions should be amendment would not: (1) Involve a 2. The title of the information directed to the OMB reviewer by significant increase in the probability or collection: 10 CFR part 71, ‘‘Packaging October 16, 1997: Norma Gonzales, consequences of an accident previously and Transportation of Radioactive Office of Information and Regulatory evaluated; (2) create the possibility of a Material.’’ Affairs (3150–0008), NEOB–10202, new or different kind of accident from Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48675 any accident previously evaluated; or assumes that if the probability accident from those previously (3) involve a significant reduction in a calculation result for the total plant analyzed. The probability and margin of safety. As required by 10 CFR identifies that the total probability of consequences of such a design basis 50.91(a), the licensee has provided its tornado missiles striking a portion of an event are addressed in Question 1 analysis of the issue of no significant ‘‘important’’ system or component is above. hazards consideration, which is greater than or equal to 10¥6, then Based on the above discussions, the presented below: unique missile barriers would need to proposed change would not create the 1. The proposed change does not be installed to lower the total possibility of a new or different kind of involve a significant increase in the probability below the acceptance accident than those previously probability or consequences of an criteria of 10¥6. evaluated. accident previously evaluated. With respect to the probability of 3. The proposed change will not The proposed amendment is occurrence or the consequences of an involve a significant reduction in the requesting NRC review and approval of accident previously evaluated in the margin of safety. changes to the Perry Nuclear Power USAR, the possibility of a tornado This request does not involve a Plant (PNPP) Updated Safety Analysis reaching the Perry Nuclear Power Plant significant reduction in the margin of Report (USAR) to incorporate use of an site and causing damage to plant safety. The existing licensing basis for NRC approved methodology to assess structures, systems and components is a PNPP with respect to the design basis the need for additional positive design basis event considered in the event of a tornado reaching the plant, (physical) tornado missile protection of Updated Safety Analysis Report. The generating missiles and directing them specific features at PNPP. The USAR changes being proposed herein do not toward safety related systems and changes will reflect use of the Electric affect the probability that the natural components is to provide positive Power Research Institute (EPRI) Topical phenomena (a tornado) will reach the missile barriers for all safety related Report ‘‘Tornado Missile Risk plant, but they do, from a licensing basis systems and components. With the Evaluation Methodology’’ (EPRI NP– perspective, affect the probability that change, it will be recognized that there 2005), Volumes I and II. As noted in the missiles generated by the winds of the is an extremely low probability, below NRC Safety Evaluation dated October tornado might strike certain plant an established acceptance limit, that a 26, 1983 on this report, ‘‘the current systems or components. As recently limited subset of the ‘‘important’’ licensing criteria governing tornado determined, there are a limited number systems and components could be missile protection are contained in of safety-related components that could struck. The change from ‘‘protecting all Standard Review Plan (SRP) Sections theoretically be struck by a tornado safety related systems and components’’ 3.5.1.4 and 3.5.2. These criteria generated missile. The probability of to ‘‘an extremely low probability of generally specify that safety-related tornado generated missile strikes on occurrence of tornado generated missile systems be provided positive tornado ‘‘important’’ systems and components strikes on portions of important systems missile protection (barriers) from the (as discussed in Regulatory Guide 1.117) and components’’ is not considered to maximum credible tornado threat. is what is to be analyzed using the constitute a significant decrease in the However, SRP Section 3.5.1.4 includes probability methods discussed above. margin of safety due to that extremely acceptance criteria permitting relaxation The total (cumulative) probability of low probability. of the above deterministic guidance, if strikes will be maintained below an Therefore, the changes associated it can be demonstrated that the extremely low acceptance criteria to with the license amendment request do probability of damage to unprotected ensure overall plant safety. The not involve a significant reduction in essential safety-related features is proposed change is not considered to the margin of safety. sufficiently small. constitute a significant increase in the The NRC staff has reviewed the ‘‘Certain Operating License (OL) probability of occurrence or the licensee’s analysis and, based on this applicants and operating reactor consequences of an accident, due to the review, it appears that the three licensees have chosen to demonstrate extremely low total probability of a standards of 10 CFR 50.92(c) are compliance with tornado missile tornado missile strike and thus an satisfied. Therefore, the NRC staff protection criteria for certain portions of extremely low probability of a proposes to determine that the the plant * * * by providing a radiological release. amendment request involves no probabilistic analysis which is intended Therefore, the proposed changes do significant hazards consideration. to show a sufficiently low risk not involve a significant increase in the The Commission is seeking public associated with tornado missiles. Some probability or consequences of comments on this proposed ** * have utilized the tornado missile previously evaluated accidents. determination. Any comments received probabilistic risk assessment (PRA) 2. The proposed change would not within 30 days after the date of methodology developed by’’ EPRI in the create the possibility of a new or publication of this notice will be Topical Report listed above. The NRC different kind of accident from any considered in making any final noted that this report ‘‘can be utilized previously evaluated. determination. when assessing the need for positive The possibility of a tornado reaching Normally, the Commission will not tornado missile protection for specific the Perry Nuclear Power Plant site is a issue the amendment until the safety-related plant features.’’ The design basis event considered in the expiration of the 30-day notice period. methodology has subsequently been Updated Safety Analysis Report. This However, should circumstances change utilized in nuclear power plant change involves recognition of the during the notice period such that licensing actions. acceptability of performing tornado failure to act in a timely way would As permitted in NRC Standard missile probability calculations in result, for example, in derating or Review Plan (NUREG–0800) sections, accordance with established regulatory shutdown of the facility, the the total probability will be maintained guidance. The change therefore deals Commission may issue the license below an allowable level, i.e., an with an established design basis event amendment before the expiration of the acceptance criteria threshold, which (the tornado). Therefore, the proposed 30-day notice period, provided that its reflects an extremely low probability of change would not contribute to the final determination is that the occurrence. The PNPP approach possibility of a new or different kind of amendment involves no significant 48676 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices hazards consideration. The final how that interest may be affected by the If a hearing is requested, the determination will consider all public results of the proceeding. The petition Commission will make a final and State comments received. Should should specifically explain the reasons determination on the issue of no the Commission take this action, it will why intervention should be permitted significant hazards consideration. The publish in the Federal Register a notice with particular reference to the final determination will serve to decide of issuance and provide for opportunity following factors: (1) The nature of the when the hearing is held. for a hearing after issuance. The petitioner’s right under the Act to be If the final determination is that the Commission expects that the need to made party to the proceeding; (2) the amendment request involves no take this action will occur very nature and extent of the petitioner’s significant hazards consideration, the infrequently. property, financial, or other interest in Commission may issue the amendment Written comments may be submitted the proceeding; and (3) the possible and make it immediately effective, by mail to the Chief, Rules Review and effect of any order which may be notwithstanding the request for a Directives Branch, Division of Freedom entered in the proceeding on the hearing. Any hearing held would take of Information and Publications petitioner’s interest. The petition should place after issuance of the amendment. Services, Office of Administration, U.S. also identify the specific aspect(s) of the If the final determination is that the Nuclear Regulatory Commission, subject matter of the proceeding as to amendment request involves a Washington, DC 20555–0001, and which petitioner wishes to intervene. significant hazards consideration, any should cite the publication date and Any person who has filed a petition for hearing held would take place before page number of this Federal Register leave to intervene or who has been the issuance of any amendment. notice. Written comments may also be admitted as a party may amend the delivered to Room 6D22, Two White petition without requesting leave of the A request for a hearing or a petition Flint North, 11545 Rockville Pike, Board up to 15 days prior to the first for leave to intervene must be filed with Rockville, MD, from 7:30 a.m. to 4:15 prehearing conference scheduled in the the Secretary of the Commission, U.S. p.m. Federal workdays. Copies of proceeding, but such an amended Nuclear Regulatory Commission, written comments received may be petition must satisfy the specificity Washington, DC 20555–0001, Attention: examined at the NRC Public Document requirements described above. Rulemakings and Adjudications Staff, or Room, the Gelman Building, 2120 L Not later than 15 days prior to the first may be delivered to the Commission’s Street, NW., Washington, DC. prehearing conference scheduled in the Public Document Room, the Gelman The filing of requests for hearing and proceeding, a petitioner shall file a Building, 2120 L Street, NW., petitions for leave to intervene is supplement to the petition to intervene Washington, DC, by the above date. A discussed below. which must include a list of the copy of the petition should also be sent By October 16, 1997, the licensee may contentions which are sought to be to the Office of the General Counsel, file a request for a hearing with respect litigated in the matter. Each contention U.S. Nuclear Regulatory Commission, to issuance of the amendment to the must consist of a specific statement of Washington, DC 20555–0001, and to Jay subject facility operating license and the issue of law or fact to be raised or Silberg, Esq., Shaw, Pittman, Potts & any person whose interest may be controverted. In addition, the petitioner Trowbridge, 2300 N Street, NW., affected by this proceeding and who shall provide a brief explanation of the Washington, DC 20037, attorney for the wishes to participate as a party in the bases of the contention and a concise licensee. proceeding must file a written request statement of the alleged facts or expert Nontimely filings of petitions for for a hearing and a petition for leave to opinion which support the contention leave to intervene, amended petitions, intervene. Requests for a hearing and a and on which the petitioner intends to supplemental petitions and/or requests petition for leave to intervene shall be rely in proving the contention at the for hearing will not be entertained filed in accordance with the hearing. The petitioner must also absent a determination by the Commission’s ‘‘Rules of Practice for provide references to those specific Commission, the presiding officer or the Domestic Licensing Proceedings’’ in 10 sources and documents of which the presiding Atomic Safety and Licensing CFR Part 2. Interested persons should petitioner is aware and on which the Board that the petition and/or request consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish should be granted based upon a which is available at the Commission’s those facts or expert opinion. Petitioner balancing of the factors specified in 10 Public Document Room, the Gelman must provide sufficient information to CFR 2.714(a)(1) (i)–(v) and 2.714(d). Building, 2120 L Street, NW., show that a genuine dispute exists with For further details with respect to this Washington, DC, and at the local public the applicant on a material issue of law action, see the application for document room located at the Perry or fact. Contentions shall be limited to amendment dated August 14, 1997, Public Library, 3753 Main Street, Perry, matters within the scope of the which is available for public inspection OH 44081. If a request for a hearing or amendment under consideration. The at the Commission’s Public Document petition for leave to intervene is filed by contention must be one which, if Room, the Gelman Building, 2120 L the above date, the Commission or an proven, would entitle the petitioner to Street, NW., Washington, DC, and at the Atomic Safety and Licensing Board, relief. A petitioner who fails to file such local public document room located at designated by the Commission or by the a supplement which satisfies these the Perry Public Library, 3753 Main Chairman of the Atomic Safety and requirements with respect to at least one Street, Perry, OH 44081. Licensing Board Panel, will rule on the contention will not be permitted to request and/or petition; and the participate as a party. Dated at Rockville, Maryland, this 10th day Secretary or the designated Atomic Those permitted to intervene become of September 1997. Safety and Licensing Board will issue a parties to the proceeding, subject to any For the Nuclear Regulatory Commission. notice of hearing or an appropriate limitations in the order granting leave to Douglas V. Pickett, order. intervene, and have the opportunity to Project Manager, Project Directorate III–3, As required by 10 CFR 2.714, a participate fully in the conduct of the Division of Reactor Projects III/IV, Office of petition for leave to intervene shall set hearing, including the opportunity to Nuclear Reactor Regulation. forth with particularity the interest of present evidence and cross-examine [FR Doc. 97–24558 Filed 9–15–97; 8:45 am] the petitioner in the proceeding, and witnesses. BILLING CODE 7590±01±P Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48677

NUCLEAR REGULATORY considering issuance of an amendment these SSCs (e.g., heavy load procedures, COMMISSION to Facility Operating License Nos. DPR– security procedures, tie-in procedures). The 80 and DPR–82 issued to Pacific Gas system unavailability due to construction is [Docket No. 50±382] managed in accordance with Technical and Electric Company (the licensee) for Specification (TS) limiting conditions for Entergy Operations, Inc.; Notice of operation of the Diablo Canyon Power operation (LCO). Withdrawal of Application for Plant, Units 1 and 2, located in San Luis The ASW system is a moderate energy Amendment to Facility Operating Obispo County, California. system. Since the bypass modification does License The proposed amendments would not significantly change the operating approve a modification to the Diablo parameters of the system, there is no change The U.S. Nuclear Regulatory Canyon Power Plant (DCPP) Units 1 and in the Medium Energy Line Break (MELB) Commission (the Commission) has 2 auxiliary saltwater (ASW) system to analysis methodology for this system, and no granted the request of Entergy bypass approximately 800 feet of Unit 1 increase in the probability of occurrence of Operations, Inc. (the licensee) to a pipe crack. The ASW pipes are required to and 200 feet of Unit 2 Class 1 ASW mitigate consequences of FSAR analyzed withdraw its October 16, 1996, pipe, a portion of which is buried below accidents. application for proposed amendment to sea level in the tidal zone outside the The initial work for the ASW bypass Facility Operating License No. NPF–38 intake structure. Upgraded flow meter project involved installation of Design Class for the Waterford Steam Electric Station, and temperature instrumentation will be I removable spool pieces in the existing ASW Unit 3, located in St. Charles Parish, included. The project includes piping. The spool pieces removed were Louisiana. approximately 450 feet (both Units) of modified and reinserted into the existing ASW piping. The modifications to the spool The proposed amendment would new pipe inside the intake structure, have revised the facility technical pieces did not affect their flow characteristics and 1,400 feet of new buried pipe or structural integrity. Therefore, the specifications (TSs) pertaining TSs 3.2.1 between the intake and selected tie-in removable spool pieces did not cause ASW and 3.2.4 and their surveillance points in the existing pipe. This operating parameters to exceed their design requirements. modification was completed on Unit 1 basis, did not change any system interfaces, The Commission had previously during the refueling outage completed had no impact on ASW system capability to issued a Notice of Consideration of this year. perform its function, and did not change the Issuance of Amendment published in Before issuance of the proposed system’s operation. the Federal Register on April 9, 1997 The work for this project was performed in license amendments, the Commission a series of steps. For each step, the added (62 FR 17232). However, by letter dated will have made findings required by the August 26, 1997, the licensee withdrew work scope was incorporated in a design Atomic Energy Act of 1954, as amended change package revision and a revised safety the proposed change. (the Act) and the Commission’s evaluation was performed. For further details with respect to this regulations. The tie-in of the piping to the ASW system action, see the application for The Commission has made a is done during separate system clearances amendment dated October 16, 1996, and proposed determination that the during a refueling outage for each train; one the licensee’s letter dated August 26, amendment request involves no train will remain in service during the outage at all times. The cross-tie between the two 1997, which withdrew the application significant hazards consideration. Under for license amendment. The above Units will be available during the work. the Commission’s regulations in 10 CFR When all the work associated with the documents are available for public 50.92, this means that operation of the inspection at the Commission’s Public ASW bypass project is completed, including facility in accordance with the proposed Document Room, the Gelman Building, pipe and pipe support installation, structural amendment would not (1) Involve a modifications, and external protective 2120 L Street, NW., Washington, DC, significant increase in the probability or features, the ASW system will perform its and at the local public document room consequences of an accident previously safety function as described in the FSAR. The located at the University of New Orleans evaluated; or (2) create the possibility of flow in ASW pipes will not be significantly Library, Louisiana Collection, Lakefront, affected by this work. Per Mechanical a new or different kind of accident from New Orleans, LA 70122. Calculation M–988, the increase in head loss any accident previously evaluated; or for bypass piping is not significant; the Dated at Rockville, Maryland, this 10th day (3) involve a significant reduction in a design basis flow is maintained with a of September, 1997. margin of safety. As required by 10 CFR margin and there is no significant effect on For the Nuclear Regulatory Commission. 50.91(a), the licensee has provided its the Component Cooling Water (CCW) heat Chandu P. Patel, analysis of the issue of no significant removal capacity. Project Manager, Project Directorate, Division hazards consideration, which is The newly installed piping has been of Reactor Projects III/IV, Office of Nuclear presented below: designed to withstand the appropriate design Reactor Regulation. basis seismic loading and to withstand the 1. The proposed change does not involve [FR Doc. 97–24561 Filed 9–15–97; 8:45 am] effects of external events including flooding, a significant increase in the probability or tsunami, and tornadoes. The newly installed BILLING CODE 8010±01±P consequences of an accident previously piping and associated support components evaluated. have been evaluated, and where appropriate, The auxiliary saltwater (ASW) system is designed to withstand system interactions NUCLEAR REGULATORY not identified as the cause, or involved in the including pipe breaks, internal flooding, COMMISSION initiating event of, any Final Safety Analysis seismic interaction, internally generated Report (FSAR) analyzed accidents. Thus, missiles, and fires. [Docket Nos. 50±275 and 50±323] activities addressed herein will not increase Since the ASW system design bases the probability of occurrence of any FSAR Pacific Gas and Electric Company; parameters are maintained and the newly evaluated accident. configured piping has been evaluated and Notice of Consideration of Issuance of During the construction of the ASW bypass designed to meet established licensing basis Amendments to Facility Operating piping, the integrity and performance of the considerations, the consequences of an Licenses, Proposed No Significant ultimate heat sink will not be affected, nor accident previously evaluated in the FSAR Hazards Consideration Determination, will the ability of any safety-related system, are not increased. and Opportunity for a Hearing structure, or component (SSC) to perform Therefore, the proposed changes do not their function be compromised. Approved, involve a significant increase in the The U.S. Nuclear Regulatory written procedures are used during probability or consequences of an accident Commission (the Commission) is construction to assure the functioning of previously evaluated. 48678 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

b. The proposed change does not create the decrease in ASW flow by approximately 3 take this action will occur very possibility of a new or different kind of percent (352 gpm), the design and licensing infrequently. accident from any accident previously basis requirements of the ASW system will Written comments may be submitted evaluated. continue to be met. by mail to the Chief, Rules and The design and installation sequence for Surveillance Test Procedure (STP) M–26, Directives Branch, Division of Freedom bypass pipes and connection to the Unit 1 ‘‘ASW Flow Monitoring,’’ demonstrates that ASW system were developed and sequenced the ASW system provides adequate cooling of Information and Publications so as not to affect the integrity of the pressure to the CCW HX. The STP measures the ASW Services, Office of Administration, U.S. boundary or Paraliner of operating ASW flow and then subtracts instrument Nuclear Regulatory Commission, trains. inaccuracy and corrects for potential Washington, DC 20555–0001, and Removable spool pieces were installed variations in tide level and CCW HX should cite the publication date and during Unit 1 seventh refueling outage (1R7). differential pressure (dP). The corrected ASW page number of this Federal Register Plant procedures and proper sequencing of flow and temperature are then compared to notice. Written comments may also be removal of the removable spool pieces and the acceptance criteria. The acceptance delivered to Room 6D22, Two White installation of tie-ins of bypass pipes will criteria in STP M–26 have not changed as a Flint North, 11545 Rockville Pike, ensure adequate ASW is available for result of the bypass project. Rockville, Maryland, from 7:30 a.m. to supporting the refueling and plant shutdown There will not be a safety significant issue requirements. Tie-ins of Unit 1 bypass pipes associated with the reduction in flow caused 4:15 p.m. Federal workdays. Copies of will be done during separate system by the bypass. As part of the ASW bypass written comments received may be clearances during a refueling outage for each project, ASW flow and temperature examined at the NRC Public Document train; one train will remain in service during instruments are being replaced with more Room, the Gelman Building, 2120 L the outage at all times. The cross-tie between accurate instruments. In addition, the Street, NW., Washington, DC. the two Units will be available during the correction factors which are used to account The filing of requests for hearing and work. for variations in tide level and HX dP were petitions for leave to intervene is Piping layout and supports, design features found to be very conservative and have been discussed below. for natural events, and evaluations and corrected. As a result of these changes, the By October 16, 1997, the licensee may design features for systems interaction assure corrections to the measured ASW flow will file a request for a hearing with respect that the integrity of the ASW system for each be smaller. Based on Calculation M–988, the unit is maintained. to issuance of the amendment to the required corrections to the flow will decrease subject facility operating license and The conservative analyses used in the by more than the reduction in flow caused piping design indicates there is a potential by the bypass. In addition, the current STP any person whose interest may be for soil liquefaction in some areas during results show that flow margin exists. affected by this proceeding and who certain seismic events (Hosgri earthquake). Therefore, none of the proposed changes wishes to participate as a party in the Liquefaction of soil is not considered in the involves a significant reduction in a margin proceeding must file a written request licensing basis for the plant. Analyses using of safety. for a hearing and a petition for leave to more recent methods indicate that actual intervene. Requests for a hearing and a The NRC staff has reviewed the settlements will be much less than predicted petition for leave to intervene shall be by the analyses used in the design, and that licensee’s analysis and, based on this filed in accordance with the the piping will maintain its integrity. review, it appears that the three Commission’s ‘‘Rules of Practice for Therefore, the proposed changes do not standards of 10 CFR 50.92(c) are create the possibility of a new or different Domestic Licensing Proceedings’’ in 10 satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should kind of accident from any accident proposes to determine that the previously evaluated. consult a current copy of 10 CFR 2.714 c. The proposed change does not involve amendment request involves no which is available at the Commission’s a significant reduction in a margin of safety. significant hazards consideration. Public Document Room, the Gelman TS 3.7.4.1 and 3.7.12, pertinent to the ASW The Commission is seeking public Building, 2120 L Street, NW., system, are applicable for Modes 1 (Power comments on this proposed Washington, DC, and at the local public Operation), 2 (Startup), 3 (Hot Standby), and determination. Any comments received document room located at the California 4 (Hot Shutdown). The installation of the within 30 days after the date of Polytechnic State University, Robert El Unit 1 ASW removable spool pieces were publication of this notice will be Kennedy Library, Government done during the 1R7 outage. During the considered in making any final refueling outage, the ASW trains were made Documents and Maps Department, San inoperable one at a time for installation of a determination. Luis Obispo, California 93407. If a spool piece and were sequenced and Normally, the Commission will not request for a hearing or petition for scheduled to support TS 3.4.1.4.1 and issue the amendment until the leave to intervene is filed by the above 3.4.1.4.2 for residual heat removal (RHR) in expiration of the 30-day notice period. date, the Commission or an Atomic Mode 5 (Cold Shutdown), and TS 3.9.8.1 and However, should circumstances change Safety and Licensing Board, designated 3.9.8.2 for RHR in Mode 6 (Refueling) as during the notice period such that by the Commission or by the Chairman applicable. Modification of two existing failure to act in a timely way would of the Atomic Safety and Licensing supports for Unit 2 Pipe 687 was done when result, for example, in derating or the line was out-of-service during the Unit 2 Board Panel, will rule on the request seventh refueling outage. Tie-ins will occur shutdown of the facility, the and/or petition; and the Secretary or the during a refueling outage and during separate Commission may issue the license designated Atomic Safety and Licensing system clearances. The cross-tie between the amendment before the expiration of the Board will issue a notice of hearing or two Units will be available during the work. 30-day notice period, provided that its an appropriate order. The TS basis for the ASW system is to final determination is that the As required by 10 CFR 2.714, a provide sufficient cooling capacity for the amendment involves no significant petition for leave to intervene shall set continued operation of safety-related hazards consideration. The final forth with particularity the interest of equipment during normal and accident determination will consider all public the petitioner in the proceeding, and conditions (TS Bases 3/4.7.4). This equates to and State comments received. Should how that interest may be affected by the providing sufficient cooling water for the CCW heat exchangers (HXs) to ensure CCW the Commission take this action, it will results of the proceeding. The petition design basis temperature limits are not publish in the Federal Register a notice should specifically explain the reasons exceeded. Although the change in ASW pipe of issuance and provide for opportunity why intervention should be permitted routing causes an increase in the pressure for a hearing after issuance. The with particular reference to the drop in the ASW piping, and therefore a Commission expects that the need to following factors: (1) The nature of the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48679 petitioner’s right under the Act to be If the final determination is that the NUCLEAR REGULATORY made party to the proceeding; (2) the amendment request involves no COMMISSION nature and extent of the petitioner’s significant hazards consideration, the [Docket No. 50±395] property, financial, or other interest in Commission may issue the amendment the proceeding; and (3) the possible and make it immediately effective, In the Matter of South Carolina Electric effect of any order which may be notwithstanding the request for a and Gas Company); (Virgil C. Summer entered in the proceeding on the hearing. Any hearing held would take Nuclear Station; Exemption petitioner’s interest. The petition should place after issuance of the amendment. also identify the specific aspect(s) of the I If the final determination is that the subject matter of the proceeding as to The South Carolina Gas and Electric which petitioner wishes to intervene. amendment request involves a significant hazards consideration, any Company (SCE&G or the licensee) is the Any person who has filed a petition for holder of Facility Operating License No. leave to intervene or who has been hearing held would take place before the issuance of any amendment. NPF–12, which authorizes operation of admitted as a party may amend the the Virgil C. Summer Nuclear Station. petition without requesting leave of the A request for a hearing or a petition The license provides, among other Board up to 15 days prior to the first for leave to intervene must be filed with things, that the licensee is subject to all prehearing conference scheduled in the the Secretary of the Commission, U.S. rules, regulations, and orders of the proceeding, but such an amended Nuclear Regulatory Commission, Commission now or hereafter in effect. petition must satisfy the specificity Washington, DC 20555–0001, Attention: The facility consists of a pressurized- requirements described above. Not later than 15 days prior to the first Rulemakings and Adjudications Staff, or water reactor at the licensee’s site prehearing conference scheduled in the may be delivered to the Commission’s located in Fairfield County, South proceeding, a petitioner shall file a Public Document Room, the Gelman Carolina. supplement to the petition to intervene Building, 2120 L Street, NW., II which must include a list of the Washington, DC, by the above date. A Section 70.24 of Title 10 of the Code contentions which are sought to be copy of the petition should also be sent of Federal Regulations, ‘‘Criticality litigated in the matter. Each contention to the Office of the General Counsel, Accident Requirements,’’ requires that must consist of a specific statement of U.S. Nuclear Regulatory Commission, each licensee authorized to possess the issue of law or fact to be raised or Washington, DC 20555–0001, and to controverted. In addition, the petitioner Christopher J. Warner, Esq., Pacific Gas special nuclear material (SNM) shall maintain a criticality accident shall provide a brief explanation of the and Electric Company, P.O. Box 7442, monitoring system in each area where bases of the contention and a concise San Francisco, California 94210, such material is handled, used, or statement of the alleged facts or expert attorney for the licensee. opinion which support the contention stored. Subsections (a)(1) and (a)(2) of Nontimely filings of petitions for and on which the petitioner intends to 10 CFR 70.24 specify detection and leave to intervene, amended petitions, rely in proving the contention at the sensitivity requirements that these hearing. The petitioner must also supplemental petitions and/or requests monitors must meet. Subsection (a)(1) provide references to those specific for hearing will not be entertained also specifies that all areas subject to sources and documents of which the absent a determination by the criticality accident monitoring must be petitioner is aware and on which the Commission, the presiding officer or the covered by two detectors. Subsection petitioner intends to rely to establish presiding Atomic Safety and Licensing (a)(3) of 10 CFR 70.24 requires licensees those facts or expert opinion. Petitioner Board that the petition and/or request to maintain emergency procedures for must provide sufficient information to should be granted based upon a each area in which this licensed SNM show that a genuine dispute exists with balancing of the factors specified in 10 is handled, used, or stored and provides the applicant on a material issue of law CFR 2.714 (a)(1) (i)–(v) and 2.714(d). that (1) The procedures ensure that all or fact. Contentions shall be limited to personnel withdraw to an area of safety For further details with respect to this upon the sounding of a criticality matters within the scope of the action, see the application for amendment under consideration. The accident monitor alarm, (2) the amendment dated August 26, 1997, procedures must include drills to contention must be one which, if which is available for public inspection proven, would entitle the petitioner to familiarize personnel with the at the Commission’s Public Document relief. A petitioner who fails to file such evacuation plan, and (3) the procedures Room, the Gelman Building, 2120 L a supplement which satisfies these designate responsible individuals for requirements with respect to at least one Street, NW., Washington, DC, and at the determining the cause of the alarm and contention will not be permitted to local public document room located at placement of radiation survey participate as a party. the California Polytechnic State instruments in accessible locations for Those permitted to intervene become University, Robert E. Kennedy Library, use in such an emergency. Subsection parties to the proceeding, subject to any Government Documents and Maps (b)(1) of 10 CFR 70.24 requires licensees limitations in the order granting leave to Department, San Luis Obispo, California to have a means to identify quickly intervene, and have the opportunity to 93407. personnel who have received a dose of participate fully in the conduct of the Dated at Rockville, Maryland, this 9th day 10 rads or more. Subsection (b)(2) of 10 hearing, including the opportunity to of September 1997. CFR 70.24 requires licensees to maintain personnel decontamination present evidence and cross-examine For the Nuclear Regulatory Commission. witnesses. facilities, to maintain arrangements for a If a hearing is requested, the William H. Bateman, physician and other medical personnel Commission will make a final Director, Project Directorate IV–2, Division qualified to handle radiation determination on the issue of no of Reactor Projects III/IV, Office of Nuclear emergencies, and to maintain significant hazards consideration. The Reactor Regulation. arrangements for the transportation of final determination will serve to decide [FR Doc. 97–24570 Filed 9–15–97; 8:45 am] contaminated individuals to treatment when the hearing is held. BILLING CODE 7590±01±P facilities outside the site boundary. 48680 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Paragraph (c) of 10 CFR 70.24 exempts Nuclear Station meets the criteria for The entire meeting will be open to Part 50 licensees from the requirements prevention of inadvertent criticality; public attendance, with the exception of of paragraph (b) of 10 CFR 70.24 for therefore, the staff has determined that a portion that may be closed pursuant SNM used or to be used in the reactor. it is extremely unlikely for an to 5 U.S.C. 552b(c) (2) and (6) to discuss Paragraph (d) of 10 CFR 70.24 states that inadvertent criticality to occur in SNM organizational and personnel matters any licensee who believes that there is handling or storage areas at Virgil C. that relate solely to internal personnel good cause why he should be granted an Summer Nuclear Station. rules and practices of ACRS, and exemption from all or part of 10 CFR The purpose of the criticality information the release of which would 70.24 may apply to the Commission for monitors required by 10 CFR 70.24(a) is constitute a clearly unwarranted such an exemption and shall specify the to ensure that if a criticality were to invasion of personal privacy. reasons for the relief requested. occur during the handling of SNM, personnel would be alerted to that fact The agenda for the subject meeting III and would take appropriate action. The shall be as follows: The SNM that could be assembled staff has determined that it is extremely Wednesday, October 1, 1997–10:30 a.m. into a critical mass at Virgil C. Summer unlikely that such an accident could Until 12:00 Noon Nuclear Station is in the form of nuclear occur; furthermore, the licensee has fuel; the quantity of SNM other than radiation monitors, as required by The Subcommittee will discuss fuel that is stored on site in any given General Design Criterion 63, in fuel proposed ACRS activities and related location is small enough to preclude storage and handling areas. These matters. It may also discuss the achieving a critical mass. The monitors will alert personnel to qualifications of candidates for Commission’s technical staff has excessive radiation levels and allow appointment to the ACRS. The purpose evaluated the possibility of an them to initiate appropriate safety of this meeting is to gather information, inadvertent criticality of the nuclear fuel actions. The low probability of an analyze relevant issues and facts, and to at Virgil C. Summer Nuclear Station, inadvertent criticality, together with the formulate proposed positions and and has determined that it is extremely licensee’s adherence to General Design actions, as appropriate, for deliberation unlikely that such an accident could Criterion 63, constitutes good cause for occur if the licensee meets the following granting an exemption from the by the full Committee. seven criteria: requirements of 10 CFR 70.24. Oral statements may be presented by members of the public with the 1. Only one fuel assembly is allowed out IV of a shipping cask or storage rack at one time. concurrence of the Subcommittee 2. The k-effective does not exceed 0.95, at The Commission has determined that, Chairman; written statements will be a 95% probability, 95% confidence level in pursuant to 10 CFR 70.14, this accepted and made available to the the event that the fresh fuel storage racks are exemption is authorized by law, will not Committee. Electronic recordings will filled with fuel of the maximum permissible endanger life or property or the common be permitted only during those portions U–235 enrichment and flooded with pure defense and security, and is otherwise water. of the meeting that are open to the in the public interest. public, and questions may be asked only 3. If optimum moderation occurs at low Therefore, the Commission hereby moderator density, then the k-effective does by members of the Subcommittee, its grants the South Carolina Electric and not exceed 0.98, at a 95% probability, 95% consultants, and staff. Persons desiring Gas Company an exemption from the confidence level in the event that the fresh to make oral statements should notify requirements of 10 CFR 70.24. fuel storage racks are filled with fuel of the the cognizant ACRS staff person named maximum permissible U–235 enrichment Pursuant to 10 CFR 51.32, the and flooded with a moderator at the density Commission has determined that the below five days prior to the meeting, if corresponding to optimum moderation. granting of this exemption will have no possible, so that appropriate 4. The k-effective does not exceed 0.95, at significant impact on the environment arrangements can be made. a 95% probability, 95% confidence level in (62 FR 47521). Further information regarding topics the event that the spent fuel storage racks are This exemption is effective upon filled with fuel of the maximum permissible to be discussed, the scheduling of U–235 enrichment and flooded with pure issuance. sessions open to the public, whether the water. Dated at Rockville, Maryland, this 9th day meeting has been cancelled or 5. The quantity of forms of special nuclear of September 1997. rescheduled, the Chairman’s ruling on material, other than nuclear fuel, that are For the Nuclear Regulatory Commission. requests for the opportunity to present stored on site in any given area is less than Samuel J. Collins, oral statements, and the time allotted the quantity necessary for a critical mass. Director, Office of Nuclear Reactor therefor can be obtained by contacting 6. Radiation monitors, as required by Regulation. General Design Criterion 63, are provided in the cognizant ACRS staff person, Dr. fuel storage and handling areas to detect [FR Doc. 97–24559 Filed 9–15–97; 8:45 am] John T. Larkins (telephone: 301/415– excessive radiation levels and to initiate BILLING CODE 7590±01±P 7360) between 7:30 a.m. and 4:15 p.m. appropriate safety actions. (EDT). Persons planning to attend this 7. The maximum nominal U–235 meeting are urged to contact the above enrichment is limited to 5.0 weight percent. NUCLEAR REGULATORY named individual one or two working By letter dated July 17, 1997, as COMMISSION days prior to the meeting to be advised supplemented August 6, 1997, the Advisory Committee on Reactor of any changes in schedule, etc., that licensee requested an exemption from Safeguards Subcommittee Meeting on may have occurred. 10 CFR 70.24. In this request, the Planning and Procedures Dated: September 10, 1997. licensee addressed the seven criteria given above. The Commission’s The ACRS Subcommittee on Planning Sam Duraiswamy, technical staff has reviewed the and Procedures will hold a meeting on Chief, Nuclear Reactors Branch. licensee’s submittals and has October 1, 1997, Room T–2B1, 11545 [FR Doc. 97–24556 Filed 9–15–97; 8:45 am] determined that Virgil C. Summer Rockville Pike, Rockville, Maryland. BILLING CODE 7590±01±P Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48681

NUCLEAR REGULATORY Branch, Washington, D.C. 20555 (301– licensing proceedings in 10 CFR Part 2. COMMISSION 415–1661). Pursuant to § 2.1205(a), any person In addition, distribution of this whose interest may be affected by this Sunshine Act Meeting meeting notice over the internet system proceeding may file a request for a is available. If you are interested in hearing in accordance with § 2.1205(c). AGENCY HOLDING THE MEETING: Nuclear receiving this Commission meeting A request for a hearing must be filed Regulatory Commission. schedule electronically, please send an within thirty (30) days of the date of DATE: Weeks of September 15, 22, 29, electronic message to [email protected] or publication of this Federal Register and October 6, 1997. [email protected]. notice. PLACE: Commissioners’ Conference Dated: September 12, 1997. The request for a hearing must be Room, 11555 Rockville Pike, Rockville, filed with the Office of the Secretary, William M. Hill, Jr. Maryland. either: SECY Tracking Officer, Office of the STATUS: Public and Closed. 1. By delivery to the Docketing and Secretary. Services Branch, Office of the Secretary MATTERS TO BE CONSIDERED [FR Doc. 97–24716 Filed 9–12–97; 2:27 pm] at One White Flint North, 11555 Week of September 15—Tentative BILLING CODE 7590±01±M Rockville Pike, Rockville, MD 20852– 2738; or Wednesday, September 17 2. By mail or telegram addressed to 9:00 a.m. Briefing by DOE on Plutonium NUCLEAR REGULATORY the Secretary, U.S. Nuclear Regulatory Disposition Strategy and Program COMMISSION Commission, Washington, DC 20555– (Public Meeting) (Contact: Ted [Docket No.: 070±00925] 0001. Attention: Docketing and Services Sherr, 301–415–7218) Branch. Notice of Consideration of Amendment In addition to meeting other Friday, September 19 Request for Decommissioning the applicable requirements of 10 CFR Part 10:00 a.m. Briefing by DOE and NRC on Cimarron Corporation Former Fuel 2 of NRC’s regulations, a request for a Regulatory Oversight of DOE Fabrication Facility in Crescent, hearing filed by a person other than an Nuclear Facilities (Public Meeting) Oklahoma, and Opportunity for a applicant must describe in detail: (Contact: John Austin, 301–415– Hearing 1. The interest of the requester in the 7275) proceeding; 11:30 a.m. Affirmation Session (Public AGENCY: U.S. Nuclear Regulatory 2. How that interest may be affected Meeting) Commission. by the results of the proceeding, a. Sequoyah Fuels Corp. & General The U.S. Nuclear Regulatory including the reasons why the requestor Atomics; Docket No. 40–8027–EA; Commission is considering issuance of should be permitted a hearing, with LBP–95–18 and LBP–96–24, a license amendment to Nuclear particular reference to the factors set out Memoranda and Orders (Approving Material License No. SNM–928, issued in § 2.1205(g); Settlements) (Tentative) to the Cimarron Corporation (the 3. The requester’s areas of concern 1:30 p.m. Briefing on Improvements in licensee), to authorize decommissioning about the licensing activity that is the Senior Management Assessment of its facility previously used as a fuel subject matter of the proceeding; and Process for Operating Reactors fabrication facility. 4. The circumstances establishing that (Public Meeting) (Contact: Bill On April 19, 1995, the licensee the request for a hearing is timely in Borchardt, 301–415–1257) submitted a site decommissioning plan accordance with § 2.1205(c). (SDP) to NRC for review that In accordance with 10 CFR 2.1205(e), Week of September 22—Tentative summarized the decommissioning each request for a hearing must also be There are no meetings scheduled for activities that will be undertaken to served, by delivering it personally or by the week of September 22. remove soils and rubble contaminated mail, to: with radioactive material. 1. The applicant, Cimarron Week of September 29—Tentative NRC will require the licensee to Corporation, P.O. Box 25861, Oklahoma There are no meetings scheduled for remediate the Cimarron facility to meet City, OK 73125 Attention: Mr. Jess the week of September 29. NRC’s decommissioning criteria, and Larsen; and during the decommissioning activities, 2. NRC staff, by delivery to the Office Week of October 6 to maintain effluents and doses within of the Secretary, One White Flint North, There are no meetings scheduled for NRC requirements and as low as 11555 Rockville Pike, Rockville, MD the week of September 29. reasonably achievable. 20852–2738, or by mail, addressed to The schedule for Commission Prior to approving the SDP, NRC will the Office of the Secretary, U.S. Nuclear meetings is subject to change on short have made findings required by the Regulatory Commission, Washington, notice. To verify the status of meetings Atomic Energy Act of 1954, as amended, DC 20555–0001. call (recording) —(301) 415–1292. and NRC’s regulations. These findings For further details with respect to this CONTACT PERSON FOR MORE INFORMATION: will be documented in a Safety action, the SDP is available for Bill Hill (301) 415–1661. Evaluation Report and an inspection at the NRC’s Public The NRC Commission Meeting Environmental Assessment Approval of Document Room, 2120 L Street N.W., Schedule can be found on the Internet the SDP will be documented in an Washington, D.C. 20555, or at NRC’s at: amendment to License No. SNM–928. Region IV offices located at 611 Ryan http://www.nrc.gov/SECY/smj/ NRC hereby provides notice that this Plaza Drive, Suite 400, Arlington, TX schedule.htm is a proceeding on an application for 76011–8064. Persons desiring to review This notice is distributed by mail to amendment of a license falling within documents at the Region IV Office several hundred subscribers; if you no the scope of Subpart L, ‘‘Informal should call Linda Ousley at (817) 860– longer wish to receive it, or would like Hearing Procedures for Adjudication in 8219 several days in advance to assure to be added to it, please contact the Materials Licensing Proceedings,’’ of that the documents will be readily Office of the Secretary, Attn: Operations NRC’s rules and practice for domestic available for review. 48682 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Dated at Rockville, Maryland, this 8th day objectives. First, it reviews important designated to serve as a reference for the of September 1997. developments since the release of the regional review. The goal of the draft For the U.S. Nuclear Regulatory draft power plan. These developments plan reflected that of the governors in Commission. include what has happened with respect convening the regional review: To John W.N. Hickey, to: Generation and conservation develop, through a public process, Chief, Low-Level Waste and Decommissioning resources; gas and electricity markets; recommendations for changes in the Projects Branch, Division of Waste electricity loads; institutions; and institutional structure of the region’s Management, Office of Nuclear Material policies. The more important electric utility industry. Safety and Safeguards. developments include the creation of [FR Doc. 97–24557 Filed 9–15–97; 8:45 am] new institutions in response to the This draft plan and Addendum meet BILLING CODE 7590±01±P increasingly competitive utility industry the requirements of the Northwest and the continued evolution of policies Power Act, which specifies what at the state and federal levels designed components the plan is to contain. The PACIFIC NORTHWEST ELECTRIC to facilitate competitive electricity Act requires the plan to include a POWER AND CONSERVATION markets. number of elements, including, but not PLANNING COUNCIL The second purpose of the Addendum limited to: An energy conservation is to examine the relationships between program; a recommendation for research Northwest Conservation and the analysis contained in the draft and development; a methodology for Electronic Power Plan Draft power plan and the recommendations determining quantifiable environmental Amendments and Addendum from the Comprehensive Review. In costs and benefits; a 20-year demand several instances, the Addendum forecast; a forecast of power resources AGENCY: Pacific Northwest Electric suggests approaches that would help that the Bonneville Power Power and Conservation Planning move the Northwest from the usually Administration will need to meet its Council (Northwest Power Planning general nature of the Comprehensive obligations; an analysis of reserve and Council, Council). Review’s recommendations to the reserve reliability requirements; and a ACTION: Notice of availability of the specifics that will have to be addressed surcharge methodology. The plan also Addendum to the Draft Fourth by legislatures, and state and local includes the Council’s Columbia River Northwest Conservation and Electric regulators. Basin Fish and Wildlife Program, Power Plan. During the next several months, hearings in each of the four Northwest developed pursuant to other procedural SUMMARY: Pursuant to the Pacific states will be scheduled, as required by requirements under the Act. Northwest Electric Power Planning and the Act. The public is invited to FOR FURTHER INFORMATION: Please Conservation Act of 1980 (16 U.S.C. comment on both the Draft Fourth contact the Council’s Central Office if 839, et seq.) (Act), in April 1983 the Northwest Power Plan and the you would like a copy of the Draft Council adopted a regional electric Addendum. Note that the text of the Fourth Northwest Power Plan, power plan, the Northwest Conservation Draft Fourth Power Plan remains and Electric Power Plan (plan). The plan unchanged. It is the Addendum that Document Number 96–5, and/or the was completely amended in 1986. contains revisions that reflect the Addendum, Document Number 97–7. Although the Act requires the Council recommendations of the Comprehensive The Council’s address is 851 SW. 6th to review the plan at least every five Review. Avenue, Suite 1100, Portland, Oregon 97204. The Council’s telephone years, the Council has revised certain SUPPLEMENTARY INFORMATION: The parts of the plan more often, to respond electricity industry nationwide is numbers are: (503) 222–5161 and (toll to ongoing changes in the regional undergoing a radical restructuring. To free) (800) 222–3355. The Council’s energy picture and to incorporate the ensure that the four Northwest states FAX number is (503) 795–3370. Copies most recent technology and analysis. have a voice in how this restructuring of each document can also be obtained For example, the Council updated affects the region, in late 1995 the from the Council’s internet site: certain technical data in a 1989 governors of these states convened a www.nwppc.org. Supplement to the 1986 Power Plan. In ‘‘Comprehensive Review of the When submitting comments, please April 1991, the Council adopted another Northwest Energy System.’’ The steering note prominently that you are complete amendment of the plan. In committee of the review presided over commenting on Council Document March 1996, the Council released for 30 day-long meetings and almost 400 Number 96–5 for the Draft Fourth public comment the Draft Fourth Power people were involved in more than 100 Northwest Power Plan or Council Plan. meetings of various work groups. The Document Number 97–7 for the In the face of nationwide initiatives steering committee took public for restructuring the electrical industry, comment at 10 hearings on its draft Addendum. Comments may be the governors of Idaho, Montana, report and presented its final submitted by mail, by facsimile Oregon and Washington convened a recommendations to the four governors transmission (FAX), or by electronic Comprehensive Review of the in December 1996. mail at: [email protected]. The Northwest Energy System in late 1995. To accommodate this regional review, Council will accept written comments The Council recognized that many of the Council’s draft plan took a different through close of business on Friday, the issues to be considered in its plan approach from that of earlier plans. The October 31, 1997. The Council may hold would also be taken up by the 1991 Power Plan, for example, had as its consultations after than date, as Comprehensive Review and therefore theme: ‘‘A Time for Action.’’ In contrast, necessary. decided to wait until the review had this draft plan focuses on ‘‘Northwest Stephen L. Crow, issued its final report before completing Power In Transition: Issues and Executive Director. the plan amendment process. Opportunities.’’ The 1996 draft set out [FR Doc. 97–23943 Filed 9–15–97; 8:45 am] The Addendum to the Draft Fourth few policy determinations or Northwest Power Plan has two principal recommended actions. Instead, it was BILLING CODE 6450±15±M Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48683

PROSPECTIVE PAYMENT construction contract for any associate SECURITIES AND EXCHANGE ASSESSMENT COMMISSION company which does not derive, COMMISSION directly or indirectly, any material part Notice of Meeting of its income from sources within the [Release No. 34±39032; File Nos. SR±Amex± Notice is hereby given of the meetings United States and which is not a public 96±19; SR±DBOE±96±79; SR±PCX±97±09] of the Prospective Payment Assessment utility company operating within the Commission on Tuesday and United States * * *.’’ The Commission Self-Regulatory Organizations; Order Wednesday, September 23 and 24, 1997, receives about one application per year Granting Approval to Proposed Rule at the Madison Hotel, 15th & M Streets, under Rule 83, which imposes an Change and Notice of Filing and Order NW, Washington, DC, 202/862–1600. annual burden of about three hours. Granting Accelerated Approval to Amendment No. 1 to Proposed Rule The Full Commission will convene at The estimates of average burden hours 9:00 a.m. on September 23, 1997, and Change by the American Stock are made for the purposes of the Exchange, Inc. and the Chicago Board adjourn at approximately 5:00 p.m. On Paperwork Reduction Act and are not Wednesday, September 24, 1997, the Options Exchange, Inc., and Order derived from a comprehensive or even meeting will convene at 9:00 a.m. and Granting Approval to Proposed Rule a representative survey or study of the adjourn at approximately 12:30 p.m. Change by the Pacific Exchange, Inc., The meetings will be held in Executive costs of Commission rules and forms. Relating to the Elimination of Position Chambers 1, 2, and 3 each day. It should be noted that ‘‘an agency and Exercise Limits for FLEX Equity All meetings are open to the public. may not conduct or sponsor, and a Options Donald A. Young, person is not required to respond to, a September 9, 1997. Executive Director. collection of information unless it [FR Doc. 97–24431 Filed 9–15–97; 8:45 am] displays a currently valid control I. Introduction BILLING CODE 6820±BW±M number.’’ On May 21, 1996, December 27, 1996, Written comments are invited on (a) and April 1, 1997, respectively, the whether the proposed collection of American Stock Exchange, Inc. SECURITIES AND EXCHANGE information is necessary for the proper (‘‘Amex’’), the Chicago Board Options COMMISSION performance of the functions of the Exchange, Inc. (‘‘CBOE’’), and the agency, including whether the Pacific Exchange, Inc. (‘‘PCX’’) Proposed Collection; Comment information will have practical utility; (collectively the ‘‘Exchanges’’), Request submitted to the Securities and (b) the accuracy of the agency’s estimate Exchange Commission (‘‘Commission’’), Upon written request, copies available of the burden of the collection of pursuant to Section 19(b)(1) of the from: Securities and Exchange information; (c) ways to enhance the Securities Exchange Act of 1934 Commission, Office of Filings and quality, utility, and clarity of the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Information Services, Washington, DC information collected; and (d) ways to proposed rule changes to eliminate 20549. minimize the burden of the collection of position and exercise limits 3 for FLEX Extension: Rule 29, File No. 270–169, OMB information on respondents, including Equity options under a two-year pilot Control No. 3235–0149; Rule 83, File No. through the use of automated collection program.4 270–82, OMB Control No. 3235–0181. techniques or other forms of information Notice of the proposed rule changes Notice is hereby given that, pursuant technology. Consideration will be given appeared in the Federal Register on to the Paperwork Reduction Act of 1995 to comments and suggestions submitted June 12, 1996, January 17, 1997, and (44 U.S.C. 3501, et seq.), the Securities in writing within 30 days of this May 20, 1997, respectively.5 No and Exchange Commission publication. comments were received on the (‘‘Commission’’) requests comments on Please direct your written comments proposed rule changes. The Amex the collections of information to Michael E. Bartell, Associate subsequently filed Amendment No. 1 to summarized below. The Commission Executive Director, Securities and its proposed rule change on February 3, plans to submit these collections of Exchange Commission, 450 5th Street, information to the Office of 1 N.W. Washington, DC 20549. 15 U.S.C. 78s(b)(1) (1988). Management and Budget for extension 2 17 CFR 240.19b–4. and approval. Dated: September 5, 1997. 3 Position limits impose a ceiling on the aggregate Rule 29 [17 CFR 250.29] states that Margaret H. McFarland, number of option contracts on the same-side of the market that an investor, or group of investors acting ‘‘[a] copy of each annual report Deputy Secretary. submitted by any registered holding in concern, may hold or write. Exercise limits [FR Doc. 97–24545 Filed 9–15–97; 8:45 am] impose a ceiling on the aggregate long positions in company or any subsidiary thereof to a option contracts that an investor, or group of State Commission covering operations BILLING CODE 8010±01±M investors acting in concert, can or will have not reported to the Federal Energy exercised within five consecutive business days. 4 Regulatory Commission shall be filed In general, FLEX Equity options provide investors with the ability to customize basic option with the Securities and Exchange features including size, expiration date, exercise Commission no later than ten days after style, and certain exercise prices. (See Securities such submission.’’ The Commission Exchange Act Release No. 37726 (September 25, receives about 62 annual reports per 1996), 61 FR 51474 (October 2, 1996), regarding restrictions on the available exercise prices for year under this regulation, which FLEX Equity call options (File Nos. SR–Amex–96– imposes an annual burden of about 15.5 29, SR–CBOE–96–56, and SR–PSE–96–31)). hours. 5 See Securities Exchange Act Release Nos. 37280 Rule 83 [17 CFR 250.83] authorizes an (June 5, 1996), 61 FR 29774 (June 12, 1996) (File No. SR–Amex–96–19); 38152 (January 10, 1997), 62 exemption from the ‘‘at cost’’ FR 2702 (January 17, 1997) (File No. SR–CBOE–96– requirements of Section 13(b) for ‘‘the 79); and 38616 (May 12, 1997), 62 FR 27642 (May performance of any service, sales, or 20, 1997) (File No. SR–PCX–97–09). 48684 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

1997.6 The CBOE subsequently filed introduction of trading in FLEX options use of exchange-traded options Amendment No. 1 to its proposed rule on specified equity securities that impractical because of the constraints change on May 13, 1997.7 This order satisfied the Exchanges’ listing imposed by position limits. According approves the Exchanges’ proposals, as standards for equity options.10 The to the Exchanges, with no position amended, and solicits comments on Exchanges’ proposals allowed FLEX limits, additional investors will be Amex Amendment No. 1 and CBOE Equity option market participants to attracted to exchange-traded options, Amendment No. 1. designate the following contract terms: thereby reducing transaction costs as (1) Certain exercise prices; (2) exercise II. Background well as improving price efficiency for all style (i.e., American, European, or exchange-traded option market On February 14, 1996 and June 19, capped); 11 (3) expiration date;12 and (4) participants. 1996, the Commission approved the option type (i.e., put, call, or spread). In In addition, the Exchanges believe Exchanges’ proposals to list and trade addition, the Exchanges set position and that FLEX Equity options, FLEX Equity options on specified equity exercise limits for FLEX Equity options unconstrained by position limits, may securities.8 According to the Exchanges, at three times the position limits for the become an important part of large those proposals were designed to corresponding Non-FLEX Equity provide investors with the ability, investors’ investment strategies. For options on the same underlying instance, according to the Exchanges, in within specified limits, to designate security.13 The Exchanges now propose certain terms of the options. In support the absence of position limits, investors to eliminate position and exercise limits will be able to use exchange-traded of their proposals, the Exchanges stated for FLEX Equity options. that in recent years, an over-the-counter options to implement specific (‘‘OTC’’) market in customized equity III. Description viewpoints regarding the underlying options had developed which permitted The Exchanges believe that the common stock; viewpoints that take into participants to designate the basic terms elimination of position and exercise account specific near- and long-term of the options including size, term to limits for FLEX Equity options is expectations for the underlying stock expiration, exercise style, exercise price, appropriate given the institutional price as well as judgments on price and exercise settlement value. nature of the market for this derivative volatility. Similarly, in the Exchanges’ According to the Exchanges, product. The Exchanges also believe view, the ability to execute large participants in this OTC market were that large investors currently find the exchange-traded option transactions typically institutional investors, who will permit large investors to implement bought and sold options in large-size Major Market, Institutional, and S&P MidCap transactions that reflect the strength of transactions through a relatively small Indexes) (File No. SR–Amex–93–05), and 34052 their interest in buying or selling the (May 12, 1994), 59 FR 25972 (May 18, 1994) (order underlying shares, as well as their number of securities dealers. To approving the trading of FLEX Index options on the compete with this growing OTC market Nasdaq 100 Index) (File No. SR–CBOE–93–46). specific viewpoints on the purchase or in customized equity options, the 10 See, e.g., Amex Rule 915 which contains initial sale of the underlying shares. Exchanges proposed to expand their listing standards for a security to be eligible for In further support for their proposals, 9 options trading. In addition, the Exchanges may FLEX options rules to permit the trade FLEX options on any options-eligible security the Exchanges note that issuers of stocks regardless of whether standardized Non-FLEX underlying FLEX Equity options will be 6 See letter from Claire P. McGrath, Managing options overlie that security and regardless of able to use such options, primarily Director and Special Counsel, Derivative Securities, whether such Non-FLEX options trade on the through the sale of puts, as part of their Exchanges. Amex, to Lvette Lopez, Assistant Director, Office of stock repurchase programs.14 While the Market Supervision, Division of Market Regulation 11 An American-style option is one that may be (‘‘Division’’), Commission, dated February 3, 1997 exercised at any time on or before the expiration Exchanges do not expect that corporate (‘‘Amex Amendment No. 1’’). In Amex Amendment date. A European-style option is one that may be issuers will use the sale of put options No. 1, the Amex amended its rule filing to eliminate exercised only during a limited period of time prior to buy all the securities that are covered position and exercise limits for FLEX Equity to expiration of the option. A capped-style option by their repurchase programs, the options under a two-year pilot program and revised is one that is exercised automatically prior to the proposed text of Amex Rule 906G to include a expiration when the cap price is less than or equal Exchanges believe that FLEX Equity reporting requirement and the ability of the Amex to the closing price of the underlying security for options without position limits will at to impose higher margin requirements and/or to calls, or when the cap price is greater than or equal least provide issuers with a meaningful to the closing price of the underlying security for assess capital charges. alternative. 7 See letter from Timothy H. Thompson, Senior puts. Attorney, CBOE, to Sharon Lawson, Division, 12 The expiration date of a FLEX Equity option The Exchanges believe that making Commission, dated May 13, 1997 (‘‘CBOE cannot, however, fall on a day that is on, or within the exchange-traded options market two business days of, the expiration date of a Non- Amendment No. 1’’). In CBOE Amendment No. 1, more accessible to large investors will the CBOE amended its rule filing to eliminate FLEX Equity option. position and exercise limits for FLEX Equity 13 Position and exercise limits for FLEX Equity create more ‘‘complete’’ markets and options under a two-year pilot program and revised options are set forth below as compared to existing thereby better serve investors and the proposed text of CBOE Rule 24A.7 to include limits for Non-FLEX Equity options on the same issuers. In addition, the Exchanges a reporting requirement and the ability of the CBOE underlying security. believe that institutional investors, large to impose higher margin requirements and/or to Non-FLEX Equity position limit assess capital charges. 4,500 contracts. individual investors, and corporate 8 See Securities Exchange Act Release Nos. 36841 7,500 contracts. issuers repurchasing their own shares (February 14, 1996), 61 FR 6666 (February 21, 1996) 10,500 contracts. will find FLEX Equity options without (File Nos. SR–CBOE–95–43 and SR–PSE–95–24), 20,000 contracts. position limits extremely attractive. and 37336 (June 19, 1996), 61 FR 33558 (June 27, 25,000 contracts. 1996) (File No. SR–Amex–95–57). Moreover, the Exchanges note that such FLEX Equity position limit 9 See, e.g., Amex Rules 900G through 909G. At activity will occur in the regulated, 13,500 contracts. the time of their FLEX Equity option proposals, the transparent domestic FLEX Equity Amex and the CBOE had already secured 22,500 contracts. options markets rather than in the less 31,500 contracts. Commission approval to list and trade FLEX transparent OTC market or an offshore options on several broad-based market indexes 60,000 contracts. market indexes composed of equity securities 75,000 contracts. 14 The Commission notes that issuers would, of (‘‘FLEX Index options’’). See, e.g., Securities The Commission notes that there is no Exchange Act Release Nos. 32781 (August 20, aggregation of positions or exercises in FLEX Equity course, need to comply with all applicable 1993), 58 FR 45360 (August 27, 1993) (Order options with positions or exercises in Non-FLEX provisions of the federal securities laws in approving the trading of FLEX Index options on the Equity options for purposes of the limits. conducting their share repurchase programs. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48685 market which do not come under an OTC market include, but are not instrument, the purpose or strategy for Commission oversight. limited to, a centralized market center, the position, and the collateral used by Finally, the Exchanges have an auction market with posted the account.16 By monitoring accounts represented that they intend to transparent market quotations and in excess of three times the Non-FLEX implement increased surveillance and transaction reporting, parameters and Equity option position limit in this reporting procedures in order to ensure procedures for clearance and settlement, manner, the Exchanges should be an enhanced monitoring of the uses and and the guarantee of the OCC for all provided with the information risks associated with both the contracts traded on the Exchanges. necessary to determine whether to elimination of position limits and the While the Commission has generally impose additional margin and/or underlying strategies resulting in such taken a gradual, evolutionary approach whether to assess capital charges upon increased positions. Specifically, toward expansion of position and a member organization carrying the whenever a member files a report with exercise limits, the Commission is account. In addition, this information an exchange (indicating that an account willing to approve the two-year pilot should allow the Exchanges to is carrying a position in excess of three program for FLEX Equity options for determine whether a large position times the standardized option position several reasons. First, the FLEX Equity could have an undue effect on the limit or that class), the Options Clearing options market is characterized by large, underlying market and to take the Corporation (‘‘OCC’’) will be asked to sophisticated institutional investors (or appropriate action. perform a risk evaluation of the account extremely high net worth individuals), Given the size and sophisticated and its position. If OCC’s risk evaluation who have both the experience and nature of the FLEX Equity options indicates a cause for concern, the ability to engage in negotiated, market, along with the new reporting exchange will notify the member customized transactions. For example, and margin requirements, the carrying the account and assess the with a required minimum size of 250 Commission believes that eliminating circumstances of the transactions along contracts to open a transaction in a new position and exercise limits for FLEX with the firm’s view of the exposure of series, FLEX Equity options are Equity options for a two-year pilot the account, as well as determine designed to appeal to institutional period should not substantially increase whether the account is approved and investors, and it is unlikely that many manipulative concerns. Nevertheless, suitable for the strategies being utilized. retail investors would be able to engage the Commission will be able to assess According to the Exchanges, this in options transactions at that size. the effects on the markets of the monitoring of accounts should provide Second, all of the Exchanges’ other Exchanges’ proposals during the two- the information necessary to determine current rules and provisions governing year pilot period. If problems were to whether additional margin and/or FLEX Equity options remain arise during such pilot period, the 15 capital charges should be imposed. applicable. Third, the OCC will serve Commission believes that the enhanced Similarly, the adoption of the as the counter-party guarantor in every market surveillance of large positions Exchanges’ proposals under a two-year exchange-traded transaction. Fourth, the should help the Exchanges to take the pilot period, with a status report proposed eliminated of position and appropriate action in order to avoid any provided to the Commission after one- exercise limits for FLEX Equity options manipulation or market risk concerns. and-a-half years, should enable the could potentially expand the depth and Preliminarily, the Commission Commission to assess the effects on the liquidity of the FLEX equity market believes that it is reasonable to treat markets of the elimination of position without significantly increasing FLEX Equity options differently than and exercise limits on FLEX Equity concerns regarding intermarket regular standardized options. FLEX options. manipulations or disruptions of the options compete directly with OTC options or the underlying securities. IV. Discussion options. The Commission believes that Finally, the Exchanges’ surveillance The Commission finds that the it would be beneficial to attract OTC programs will be applicable to the activity back to a more transparent proposed rule changes are consistent trading of FLEX Equity options and with the requirements of the Act and the market with a clearinghouse guarantee. should detect and deter trading abuses Hence, a liberalization of position limits rules and regulations thereunder arising from the elimination of position applicable to a national securities for FLEX Equity options is a measured and exercise limits. deregulatory means to enable the exchange, and, in particular, with the As described above, the Exchanges Exchanges to compete with the OTC requirements of Section 6(b) (5). have adopted important safeguards that market while preserving important Specifically, the Commission believes will allow them to monitor large oversight safeguards. that the rule proposals are designed to positions in order to identify instances In summary, because of the special prevent fraudulent and manipulative of potential risk and to assess additional nature of the Flex Equity markets, the acts and practices, to promote just and margin and/or capital charges, if Commission believes that the equitable principles of trade, and are not necessary. The Exchanges require each Exchanges’ proposals should be designed to permit unfair member or member organization (other approved. Nevertheless, because this is discrimination between customers, than a Specialist, a Registered Options issuers, brokers, or dealers. Trader, a Market Maker, or a Designated the first time the Commission has The Commission also believes that the Primary Market Maker) that maintains a agreed to eliminate position and proposed rule changes are consistent position on the same-side of the market exercise limits for a derivative product, with Section 11A of the Act in that the in excess of three times the position the Commission cannot rule out the elimination of position and exercise limit level established pursuant to the potential for adverse effects on the limits for FLEX Equity options allows applicable exchange rule for Non-FLEX securities markets for the component the Exchange to better compete with the Equity options of the same class, to securities underlying FLEX Equity growing OTC market in customized report information to the exchange options. To address this concern, the equity options, thereby encouraging fair regarding the FLEX Equity option 16 The Exchanges also require that an updated competition among brokers and dealers position, positions in any related report be filed when a change in the options and exchange markets. The attributes of position occurs or when a significant change in the the Exchanges’ options markets versus 15 See, e.g., Amex Rules 900G through 909G. hedge of that position occurs. 48686 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Commission has approved the proposals Commission believes that it is SECURITIES AND EXCHANGE for a two-year pilot period. The consistent with Section 6(b)(5) of the COMMISSION Exchanges will undertake to monitor, Act to approve Amex Amendment No. [Release No. 34±39035; File No. SR±Amex± among other things, open interest and 1 and CBOE Amendment No. 1 to the 97±10] potential adverse market effects and to proposed rule changes on an accelerated report to the Commission on the status basis. Self-Regulatory Organizations; Order of the program no later than eighteen Interested persons are invited to Approving Proposed Rule Change by months after the order’s date of submit written data, views, and the American Stock Exchange, Inc. effectiveness. The reporting of the Relating to Amendments to Rule arguments concerning Amex Exchanges’ experiences should include, 170.01 Relating to Specialists Amendment No. 1 and CBOE among other things, such information Establishing a Position in Specialty as: (i) The type of strategies used by Amendment No. 1 to the rule proposals. Stocks FLEX Equity options market Persons making written submissions participants and whether FLEX Equity should file six copies thereof with the September 9, 1997. options are being used in lieu of existing Secretary, Securities and Exchange I. Introduction standardized equity options; (ii) the Commission, 450 Fifth Street, NW., On February 24, 1997, the American type of market participants using FLEX Washington, DC 20549. Copies of the Stock Exchange, Inc. (‘‘Amex’’ or Equity options both before and during submission, all subsequent ‘‘Exchange’’) submitted to the Securities the pilot program, including how the amendments, all written statements and Exchange Commission (‘‘SEC’’ or utilization of FLEX Equity options has with respect to the proposed rule ‘‘Commission’’), pursuant to Section changed; (iii) the average size of the changes that are filed with the 19(b)(1) of the Securities Exchange Act FLEX Equity option contract both before Commission, and all written of 1934 (‘‘Act’’),1 and Rule 19b–4 and during the pilot program, the size communications relating to the thereunder,2 the proposed rule to of the largest FLEX Equity option proposed rule changes between the change to permit specialists to engage in contract on any given day both before Commission and any person, other than certain types of transactions by and during the pilot program, and the those that may be withheld from the removing existing restrictions that size of the largest FLEX Equity option public in accordance with the currently limit specialists approval held by any single customer/member provisions of 5 U.S.C. § 552, will be when establishing or increasing a both before and during the pilot available for inspection and copying at position in their specialty stocks.3 program; and (iv) any impact on the the Commission’s Public Reference Notice of the filing appeared in the prices of underlying stocks during the Section, 450 Fifth Street, NW., Federal Register on May 12, 1997.4 No establishment or unwinding of FLEX Washington, DC 20549. Copies of such comment letters were received positions that are greater than three filings also will be available for concerning the proposed rule change. times the standard position limit. inspection and copying at the principal This order approves the Amex’s Finally, the Commission expects the proposal. Exchanges to take prompt action, offices of the Amex and the CBOE. All including timely communication with submissions should refer to File Nos. II. Description of the Proposal the Commission and other marketplace SR–Amex–96–19 and SR–CBOE–96–79 The Amex, pursuant to Rule 19b–4 of self-regulatory organizations responsible and should be submitted by October 7, the Act, proposes to amend Amex Rule for oversight of trading in component 1997. 170.01 (‘‘Rule’’) to remove certain stocks, should any unanticipated V. Conclusion restrictions on specialists’ ability to adverse market effects develop. establish or increase their positions in The Commission finds good cause to For the foregoing reasons, the their specialty stocks. approve Amex Amendment No. 1 and Commission finds that the Exchanges’ Purpose CBOE Amendment No. 1 to the proposals to eliminate position and proposed rule filings prior to the exercise limits for FLEX Equity options Amex Rule 170 governs specialists’ thirtieth day after the date of for a two-year pilot period, as amended, dealings in their specialty stocks. In publication of notice of filing thereof in is consistent with the requirements of particular, Amex Rule 170.01 describes certain types of transactions to establish the Federal Register. Specifically, by the Act and the rules and regulations or increase a specialist’s position which restricting the elimination of position thereunder. and exercise limits for FLEX Equity are not to be effected unless they are It is therefore ordered, pursuant to options to a two-year pilot period, as ‘‘reasonably necessary to render the Section 19(b)(2) of the Act,17 that the well as requiring members holding large specialist’s position adequate to’’ the proposed rule changes (SR–Amex–96– positions to report such positions to the needs of the market. Additionally, these Amex and to the CBOE, the proposed 19), SR–CBOE–96–79 and SR–PCX–97– types of transactions require floor rule changes are more restrictive than 09), as amended, are approved on a pilot official approval unless they are the original proposals, which are basis until September 9, 1999. conducted in ‘‘less active markets’’ published for the entire twenty-one day By the Commission. where such transactions are an essential comment period and generated no Margaret H. McFarland, part of a proper course of dealings and responses. In addition, by authorizing Deputy Secretary. where the amount of stock involved and the price change, if any, are normal in the Amex and the CBOE to impose [FR Doc. 97–24443 Filed 9–15–97; 8:45 am] relation to the market.5 Currently, such margin and/or assess capital charges, BILLING CODE 8010±01±M the Commission believes that the Amex 1 and the CBOE have established 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. important safeguards to address 3 See Securities Exchange Act Release No. 38573 concerns regarding potential (May 5, 1997). manipulation or other market 4 FR 25984 (May 12, 1997). disruptions. Accordingly, the 17 15 U.S.C. 78s(b)(2) (1988). 5 See Amex Rule 104.10(5)(i). Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48687 restrictions apply equally to The Amex contends that although the exchange, and, in particular, with transactions that are beneficial to the need to obtain Floor Official approval Section 6(b)(5) of the Act.6 The market by being against the market was reasonable in the past, before Commission believes the proposal is trend and those that are technology enabled markets to move consistent with the Section 6(b)(5) disadvantageous to the market by being quickly within seconds, it now has the requirements that the rules of an with the market trend. The Exchange is effect, under certain circumstances, of exchange be designed to promote just proposing to apply these restrictions reducing liquidity and disadvantaging and equitable principals of trade, only to those transactions that are orders entered with the specialist. remove impediments to and perfect the disadvantageous to the market by being Accordingly, the Exchange proposes to mechanism of a free and open market, with the market trend. amend Amex Rule 170.01 to provide and, in general, protect investors and Specifically, Amex Rule 170 provides that a specialist is not required to obtain the public interest, promote efficiency, that a specialist is affirmatively required Floor Official approval with respect to competition and capital formation.7 The to engage in a course of dealings for his the purchase, on a zero minus tick, of Commission also believes that the own account to minimize order stock offered on the book, or the sale, on proposal is consistent with Section disparities and contribute to continuity a zero plus tick, of stock bid for on the 11(b) of the Act and Rule 11b–1 and depth in the market, and is book. A specialist is the buyer and seller thereunder,8 which allow exchanges to precluded from trading for his own of last resort, and is expected to step in promulgate rules relating to specialists account unless such dealing is when there is a disparity between in order to maintain fair and orderly necessary for the maintenance of a fair supply and demand. In this situation, markets. and orderly market. The price trend of the Amex contends that a specialist Both the Act and Amex Rules reflect a security should thus be determined by would only be purchasing the stock the crucial role played by specialists in incoming orders rather than the offered because there is inadequate providing stability, liquidity and specialist’s proprietary dealings. demand for the stock. continuity in the Exchange’s auction Commentary .01 to Amex Rule 170 In addition, the Amex contends that market. Recognizing the importance of with the advent of improved sets forth specific requirements which the specialist in the auction market, the technology, the Exchange’s surveillance are applicable when a specialist is Act and Amex Rules impose stringent systems can now provide an adequate establishing or increasing a position, obligations upon specialists.9 Primary substitute for Floor Official Approval in and provides that a specialist should among these obligations are the such circumstances. In the last few effect such transactions in a reasonable requirements to maintain fair and years, the Exchange has developed an and orderly manner in relation to the orderly markets and to restrict specialist automated computer program which condition of the general market, the dealings to those that are ‘‘reasonably identifies each instance in which a market in the particular stock and the necessary’’ in order to maintain a fair specialist crosses the market (i.e., buys adequacy of his position to meet the and orderly market.10 on the offer and sells on the bid). Each The importance of specialist immediate and reasonably anticipated of these situations can then be needs of the market. In particular, Amex performance to the quality of markets individually reviewed by the Exchange was highlighted during the 1987 and Rule 170.01(a) prohibits a specialist Trading Analysis staff to determine from purchasing stock at a price above 1989 market breaks. In The October whether the specialist was acting 1987 Market Break Report (‘‘1987 the last sale in the same trading session, appropriately. With respect to the Report’’), the Division examined without Floor Official approval. Amex proposed rule change, the Exchange specialist performance on the Amex on Rule 170.01(b) provides that a specialist staff would look at how large the October 19 and 20, 1987.11 The Division must obtain Floor Official approval specialist’s position was prior to the found that, during periods of the prior to effecting the purchases of all or transaction, whether there were greatest volatility in 1987, particularly substantially all the stock offered on the imbalances in the limit orders on the on October 19, 1987, Amex specialists book at a price equal to the last sale, specialist’s book which necessitated the had to act as the primary, or sometimes when such offer represents all or transaction, and whether, if the market the only, buyers for many of the substantially all the stock offered in the subsequently ‘‘turned around’’ the specialty stocks because of the lack of market. Amex Rule 170.01(c) provides specialist used a reasonable amount of buying interest by upstairs firms.12 The that a specialist similarly must obtain the inventory acquired in the increased volume of order flow, coupled Floor Official approval prior to transaction to offset any imbalance with the lack of participation on the part supplying all or substantially all the between supply and demand. stock bid for on the book at a price equal The Amex believes that the proposed of the upstairs firms, resulted in Amex to the last sale. Amex Rule 170.01(d) change carves out an exception to the specialists having to take large dealer requires the specialist to re-offer or re- existing provisions, but would provide 6 bid where necessary after effecting the a distinct benefit to the market by 15 U.S.C. 78f. 7 15 U.S.C. 78(c). transactions described in paragraphs (a), permitting the specialist to satisfy a (b) and (c) of the Rule. 8 15 U.S.C. 78k and 17 CFR 240.11b–1(a)(2). customer’s order more expeditiously, 9 Rule 11b–1 under the Act, 17 CFR 240.11b–1 The Amex states that the restrictions while enabling the specialist to enhance and Amex Rule 170. contained in paragraphs (b) and (c) of the liquidity, depth and transparency of 10 17 CFR 240.11b–1(a)(2). the Rule were intended to strike a the market as the buyer or seller of last 11 See 1987 Report, February 1988 at xvii, 4–1. balance between protecting the auction resort. 12 See 1987 Report 4–23 to 4–24 and 4–26, to 4– market from unnecessary specialist 27. Generally, ‘‘upstairs firms,’’ or block trading trading and providing immediate III. Commission Findings and desks of large broker dealers (as opposed to Conclusions specialists and other traders on the Amex Floor), liquidity to orders that come to the can, at times, provide an additional source of Floor. The Floor Official’s function, at The Commission finds that the liquidity for Amex-listed issues through their the time Rule 170 was adopted, was to proposed rule change is consistent with trading activities. During the 1987 market break, however, particularly on October 19, 1987, very operate as a control mechanism to the requirements of the Act and the little buying was effected by upstairs firms, forcing ensure that the specialist did not trade rules and regulations thereunder specialists to be the contra-side to large blocks of unnecessarily. applicable to a national securities stock. 48688 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices positions.13 Although many Amex The proposed changes may allow Margaret H. McFarland, specialists appeared to perform well specialists, during periods of market Deputy Secretary. under the adverse conditions, specialist volatility, to keep any general price [FR Doc. 97–24544 Filed 9–15–97; 8:45 am] performance during this period varied movements orderly, thereby furthering BILLING CODE 8010±01±M widely. the maintenance of fair and orderly The Division also examined Amex markets consistent with Sections 6 and specialist performance during the 11 of the Act. The Commission SECURITIES AND EXCHANGE volatile conditions of October 13 and emphasizes, however, that the expanded COMMISSION 16, 1989. The Division found that flexibility afforded to specialists by the specialist performance during that time proposal merely obviates the current [Release No. 34±39033; File No. SR±NASD± 97±62] was similar in many respects to required floor official approval for the specialist performance during the 1987 affected transactions and does not Self-Regulatory Organizations; Notice market break.14 Specifically, the reflect that all specialist purchases on of Filing and Immediate Effectiveness Division found that, during these two zero-minus ticks and sales on zero-plus of Proposed Rule Change by the periods of extreme market volatility, ticks are appropriate. Notably, National Association of Securities specialists were confronted with specialists remain subject to their Dealers, Inc. Relating to Gross Income extraordinary order imbalances that ‘‘negative obligations,’’ specifically, the Assessments to Member Firms required unprecedented capital requirement that specialists are commitments.15 As in October 1987, precluded from trading for their own September 9, 1997. specialists as a whole on October 13, account unless such dealing is Pursuant to Section 19(b)(1) of the 1989 were substantial buyers in the face necessary for the maintenance of a fair Securities Exchange Act of 1934 of heavy selling pressure, although and orderly market.18 (‘‘Act’’),1 notice is hereby given that on performance varied among specialists. August 22, 1997, the National Both the 1987 Report and the 1989 Finally, the Commission believes that the Amex’s established surveillance Association of Securities Dealers, Inc. Analysis reaffirmed the importance of (‘‘NASD’’ or ‘‘Association’’) filed with specialist participation in countering procedures and criteria, including the automated computer program which the Securities and Exchange market trends during periods of market Commission (‘‘SEC’’ or ‘‘Commission’’) volatility. At the same time, the reports identifies each instance in which a specialist crosses the market, should the proposed rule change as described emphasized the importance the in Items I, II, and III below, which Items Commission placed on the Amex’s allow the Exchange to monitor specialist have been prepared by the NASD. The ability to ensure that all specialists compliance with Amex Rule 170.01. In Commission is publishing this notice to comply with their affirmative and addition, the Commission expects the solicit comments on the proposed rule negative market making obligations Amex to monitor carefully compliance change from interested persons. during such periods.16 with the procedures of Amex Rule 170 The Commission recognizes that as required under Section 19(g) of the I. Self-Regulatory Organizations’ market conditions may exist at times Act.19 Statement of the Terms of Substance of where it is necessary or desirable to For the foregoing reasons, the the Proposed Rule Change provide specialists with additional Commission finds that the Amex’s The NASD is proposing a rule change flexibility in establishing or increasing a proposal to permit specialists to engage to amend Section 1(c) to Schedule A of position in order to facilitate their in certain types of transactions by the NASD By-Laws (‘‘Schedule A’’) to ability to maintain fair and orderly removing existing restrictions that revise the credit allowed to members markets, particularly during unusual currently limit specialists when market conditions. Accordingly, the against the annual assessment on their establishing or increasing a position in gross income. The text of the proposed Commission believes that it is their specialty stocks is consistent with appropriate for the Amex to remove rule change is below. Additions are the requirements of the Act and the italicized; deletions are bracketed. those provisions of Rule 170.01 that rules and regulations thereunder. require floor official approval for certain * * * * * It is therefore ordered, pursuant to specialist purchases on zero-minus ticks Schedule A to the NASD By-Laws and specialist sales on zero-plus ticks.17 Section 19(b)(2) of the Act, that the proposed rule change (SR–Amex–97– Assessments and fees pursuant to the 13 See 1987 Report at 4–48. 10), as amended, is approved. provisions of Article VI of the By-Laws 14 See Market Analysis of October 13 and 16, 1989 For the Commission, by the Division of of the Corporation, shall be determined (‘‘1989 Analysis’’) at 3–4 and 33–44. Market Regulation, pursuant to delegated on the following basis. 15 See 1987 Report at 4–8 and 1989 Report at 23– authority.20 26. Section 1—Assessments 16 A specialist’s dealer responsibilities consist of ‘‘affirmative’’ and ‘‘negative’’ obligations. In bid on the limit order book represents all or Each member shall pay an annual accordance with their affirmative obligations, substantially all the stock offered/bid in the market. assessment composed of: specialists are obligated to trade for their own Moreover, the rule currently does not require floor (a) No Change. accounts to minimize order disparities and official approval of such transactions if they are (b) No Change. contribute to continuity and depth in the market. effected in ‘‘less active markets’’ where they are an Conversely, pursuant to their negative obligations, essential part of a proper course of dealings and (c) Members shall receive a credit specialists are precluded from trading for their own where the amount of stock involved and the price against the annual assessment on gross accounts unless such dealing is necessary for the change, if any, are normal in relation to the market. income stated in paragraph (a) above as maintenance of a fair and orderly market. In view 18 In addition, Amex Rule 170.01 clearly requires follows: of these obligations, the price trend in a security that covered transactions must be reasonably should be determined not by specialist trading but necessary to render the specialist’s position (1) Portion of assessment > $5,000 — by the movements of the incoming orders that adequate to such needs. 21% [23%] initiate these trades. 19 Section 19(g) of the Act requires every self- (2) Portion of assessment > $25,000 — 17 The Commission notes that Rule 170.01 regulatory organization to comply with, and enforce 3% [4%] additional currently only requires floor official approval for compliance with, the Act, the rules thereunder and purchases or sales at a price equal to the last sale its own rules. price when all or substantially all the stock offered/ 20 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)91) (1994). Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48689

(3) Portion of assessment > $50,000 — NASD. This action, based on the current Persons making written submissions 5% additional forecast for operating costs and other should file six copies thereof with the (4) Portion of assessment > $100,000 — revenues, should allow the NASD to Secretary, Securities and Exchange 3% [4%] additional. fund its operating needs and achieve a Commission, 450 Fifth Street, N.W., * * * * * balanced budget for 1997. The need for Washington, D.C. 20549. Copies of the this discount rate change results from submission, all subsequent II. Self-Regulatory Organization’s various factors, including a shortfall in amendments, all written statements Statement of the Purpose of, and the members’ 1996 reported gross with respect to the proposed rule Statutory Basis for the Proposed Rule revenues subject to this assessment, as change that are filed with the Change well as incremental costs associated Commission, and all written In its filing with the Commission, the with various computer and technology communications relating to the NASD included statements concerning related initiatives and various personnel proposed rule change between the the purpose of, and basis for, the programs. Commission and any person, other than those that may be withheld from the proposed rule change and discussed any 2. Statutory Basis comments it received on the proposed public in accordance with the rule change. The text of these statements The NASD believes that the proposed provisions of 5 U.S.C. 552, will be may be examined at the places specified rule change is consistent with the available for inspection and copying in in Item IV below. The NASD Regulation, provisions of Section 15A(b)(5) of the the Commission’s Public Reference Inc. (‘‘NASD Regulation’’) has prepared Act,3 which require that the rules of the Room. Copies of such filing will also be summaries, set forth in Sections A, B Association provide for the equitable available for inspection and copying at and C below, of the most significant allocation of reasonable dues, fees, and the principal office of the NASD. All aspects of such statements. other charges in that the proposed rule submissions should refer to file number reasonably provides for an equitable SR–NASD–97–62 and should be A. Self-Regulatory Organization’s reduction in the tiered discount submitted by October 7, 1997. Statement of the Purpose of, and structure applied to the gross revenue For the Commission, by the Division of Statutory Basis for, the Proposed Rule assessment. Market Regulation, pursuant to delegated Change authority.6 B. Self-Regulatory Organization’s Margaret H. McFarland, 1. Purpose Statement on Burden on Competition Deputy Secretary. Pursuant to Article VI of the NASD The NASD does not believe that the By-Laws, the NASD requires its [FR Doc. 97–24444 Filed 9–15–97; 8:45 am] proposed rule change will result in any BILLING CODE 8010±01±M members to pay an annual assessment burden on competition that is not fee, as defined by Schedule A, Section necessary or appropriate in furtherance 1. NASD members are required under of the purposes of the Act. SECURITIES AND EXCHANGE Section 1(a) of Schedule A to pay an COMMISSION amount equal to the greater of $1,200.00 C. Self-Regulatory Organization’s or the total of a specified percentage of Statement on Comments on the [Release No. 34±39043; File No. SR±NASD± their annual gross income from Proposed Rule Change Received From 97±10] securities transactions.2 NASD members Members, Participants, or Others Self-Regulatory Organizations; Order also receive, pursuant to Section 1(c) of Written comments were neither Approving Proposed Rule Change and Schedule A, a credit against the annual solicited nor received. Notice of Filing and Order Granting assessment on their gross income Accelerated Approval of Amendment imposed under Section 1(a) of Schedule. III. Date of Effectiveness of the No. 1 to the Proposed Rule Change by A. The Section 1(c) of Schedule A Proposed Rule Change and Timing for the National Association of Securities credit to members is calculated by a Commission Action Dealers, Inc. Relating to the tiered discount structure that is The foregoing rule change establishes Distribution of Information Concerning intended to address, to some extent, the or changes a due, fee, or other charge the Availability of the NASD's Public regulatory subsidy provided by larger and, therefore, has become effective on Disclosure Program NASD firms. August 22, 1997, pursuant to Section The proposed rule change would 19(b)(3)(A)(ii) of the Act 4 and September 10, 1997. amend Section 1(c) of Schedule A to subparagraph (e) of Rule 19b–4 5 I. Introduction decrease the credit allowed to members thereunder. At any time within 60 days against the annual assessment on their of the filing of such rule change, the On February 11, 1997, the National gross income by an average of Commission may summarily abrogate Association of Securities Dealers, Inc. approximately 10%. This reduction in the rule change if it appears to the (‘‘NASD’’ or ‘‘Association’’) submitted credit allowed to members will result in Commission that such action is to the Securities and Exchange approximately $2.8 million of necessary or appropriate in the public Commission (‘‘SEC’’ or ‘‘Commission’’), additional revenue in 1997 for the interest, for the protection of investors, pursuant to Section 19(b)(1) of the or otherwise in furtherance of the Securities Exchange Act of 1934 2 Schedule A, Section 1(a) requires NASD purposes of the Act. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 a members to pay an amount equal to the greater of proposal to adopt NASD Rule 2280, $1,200.00 or the total of: (i) 0.125% of the annual IV. Solicitation of Comments gross revenue from state and municipal securities ‘‘Investor Education and Protection,’’ transactions; (ii) 0.125% of annual gross revenue Interested persons are invited to which will require certain NASD from other over-the-counter securities transactions; submit written data, views, and members to provide customers with the (iii) 0.125% of the annual gross revenue from U.S. arguments concerning the foregoing. following items of information in Government securities transactions, and; (iv) with respect to members whose books, records, and financial operations are examined by the NASD, 3 15 U.S.C. 78o–3(b)(5) (1994). 6 17 CFR 200.30–3(a)(12) (1997). 0.125% of annual gross revenue from securities 4 15 U.S.C. 78s(b)(3)(A)(ii) (1994). 1 15 U.S.C. 78s(b)(1). transactions executed on an exchange. 5 17 CFR 240.19b–4 (1997). 2 17 CFR 240.19b–4. 48690 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices writing not less than once every calendar year: (1) The NASDR Program maintain a toll-free telephone listing to calendar year: (1) The NASD Regulation hotline number; (2) the NASDR web site receiving inquiries regarding (‘‘NASDR’’) Public Disclosure Program address; and (3) a statement regarding disciplinary actions involving the (‘‘Program’’) hotline number; (2) the the availability to the customer of an NASD’s members and their associated NASDR web site address; and (3) a investor brochure that includes persons; and (2) promptly respond to statement regarding the availability to information describing the Program. such inquiries in writing. By requiring the customer of an investor brochure NASD members may include the broker-dealers that carry customer that includes information describing the required information on customer accounts to provide customers, at least Program. account statements or in another type of once each calendar year, with written The proposed rule change was publication. Under NASD Rule 2280(b), information regarding the NASDR published for comment in the Federal members that do not carry customer Program hotline number, the NASDR’s Register on February 25, 1997.3 Two accounts and do not hold customer web site address, and a statement comment letters were received regarding funds or securities are exempt from the regarding the availability of an investor the proposal.4 On July 31, 1997, the requirements of NASD Rule 2280(a).8 brochure describing the Program, the NASD amended its proposal.5 This proposal will help to publicize the III. Summary of Comments order approves the NASD’s proposal, as availability of the NASDR’s Program amended. Two comment letters were received and may increase investor use of the regarding the filing.9 Both commenters II. Description of the Proposal Program. As a result of increased are introducing brokers that do not carry investor use of the Program, a greater Under the NASDR’s Program, NASDR customer accounts or hold customer number of investors will obtain provides certain information regarding funds or securities. The commenters information about the disciplinary the disciplinary history of NASD stated that because they do not provide histories of NASD members and their members and their associated persons in customer account statements or associated persons. This information response to written inquiries, electronic correspond directly with their will help investors determine whether inquiries or telephonic inquiries via customers, compliance with the to conduct, or to continue to conduct, NASDR’s toll-free telephone listing. At proposal would require a special annual business with a NASD member or the request of the Honorable Edward J. mailing that would impose significant associated person of the member. Markey, the General Accounting Office costs on their firms. In particular, MML The Commission finds that (‘‘GAO’’) in 1995 reviewed the argued that it would spend Amendment No. 1 to the proposal is effectiveness of the toll-free telephone approximately $1 million annually to reasonable and consistent with the Act. information service that the NASDR comply with the proposal.10 In response Amendment No. 1 exempts from the uses to disseminate information under to the commenters’ concerns, the NASD proposal brokers that do not carry the Program. In its report reviewing the indicated that it would advise the customer accounts and do not hold Program, the GAO recommended that commenters that they could comply customer funds or securities. The NASDR publicize and educate investors with the proposal by providing Commission believes that it is about the availability of information information about the Program to the reasonable to exempt such brokers from through the Program.6 Specifically, the customer at the time of the customer’s the proposal because, according to the GAO recommended that NASDR purchase.11 Amendment No. 1, which commenters, the proposal’s ‘‘explore other ways of publicizing the exempts from the rule brokers that do requirements would impose significant hotline to a wider audience of investors, not carry customer accounts and do not costs on such brokers. In addition, the such as including the hotline number on hold customer funds or securities, Commission understands that the account-opening documents or account supersedes the NASD’s June 18 Letter. customers of brokers that do not carry statements, and making disciplinary- IV. Discussion customer accounts and do not hold related information directly available to customer funds or securities will receive investors through the Internet.’’ 7 The Commission finds that the the information required under the NASD Rule 2280(a) will require proposed rule change is consistent with proposal from a clearing broker or from NASD members that carry customer the requirements of the Act and the the broker that carries the customer’s accounts to provide customers with the rules and regulations thereunder account.14 following items of information in applicable to the NASD, and, in The Commission finds good cause for writing not less than once every particular, with the requirements of approving Amendment No. 1 the Section 15A(b)(6) 12 and 15A(i).13 proposal prior to the 30th day after the 3 See Securities Exchange Act Release No. 39291 Section 15A(b)(6) requires, in part, that date of publication of notice of filing (February 14, 1997), 62 FR 8477. the rules of a national securities thereof in the Federal Register. 4 See Letter from Daniel D. McConnell, Executive association be designed to prevent Vice President, PFS Investments, Inc., to Jonathan Specifically, the Commission finds that G. Katz, Secretary, SEC (May 14, 1997) (‘‘PFS fraudulent and manipulative acts and Amendment No. 1 strengthens the Letter’’); Letter from Michael A. Kerley, Vice practices and to protect investors and NASD’s proposal by ensuring that the President and Chief Legal Officer, MML Investors the public interest. Section 15A(i) proposal does not impose prohibitive Services, Inc., to Jonathan G. Katz, Secretary, SEC requires the NASD to: (1) Establish and (March 14, 1997) (‘‘MML Letter’’). expenses on broker-dealers that do not 5 See Letter from Craig L. Landauer, NASDR, to carry customer accounts and do not Katherine A. England, Assistant Director, Division 8 See Amendment No. 1, supra note 5. hold customer funds or securities. of Market Regulation (‘‘Division’’), SEC (July 31, 9 See PFS Letter and MML Letter, supra note 4. Interested persons are invited to 10 1997) (‘‘Amendment No. 1’’). Amendment No. 1 See MML Letter, supra note 4. submit written data, views, and exempts from the requirements of the proposal 11 See Letter from Craig L. Landauer, Associate NASD members that do not carry customer General Counsel, NASDR, to Katherine A. England, arguments concerning Amendment No. accounts and do not hold customer funds or Assistant Director, Division, SEC (June 18, 1997) securities. (‘‘June 18 Letter’’). 14 Telephone conversation among John Ramsey, 6 See GAO, NASD Telephone Hotline: 12 15 U.S.C. 78o–3(b)(6) (1988). NASDR, and Craig Landauer, Associate General Enhancements Could Help Investors Be Better 13 15 U.S.C. 78o–3(i) (1988 & Supp. 1992). In Counsel, NASDR, and Katherine England, Assistant Informed About Brokers’ Disciplinary Records approving the rule, the Commission has considered Director, Division, Commission, and Yvonne (August 1996) (‘‘GAO Report’’). the proposed rule’s impact on efficiency, Fraticelli, Attorney, Division, Commission, on 7 Id. at 18. competition, and capital formation. 15 U.S.C. 78c(f). September 9, 1997. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48691

1. Persons making written submissions the ability of specialists to engage in Paragraph (C) of NYSE Rule should file six copies thereof with the such transactions when establishing or 104.10(5)(i) would be deleted to permit Secretary, Securities and Exchange increasing a position in their specialty a specialist to establish or increase his Commission, 450 Fifth Street, N.W., stocks.3 Notice of filing appeared in the or her short position by selling stock to Washington, D.C. 20549. Copies of the Federal Register on May 12, 1997.4 No the bid without restriction on a zero- submission, all subsequent comment letters were received plus tick. The NYSE believes that these amendments, all written statements concerning the proposed rule change. transactions are beneficial to the market with respect to the proposed rule This order approves the NYSE’s by being against the market trend in change that are filed with the proposal. nature. Short sales on zero-minus ticks Commission, and all written will continue to be prohibited pursuant II. Description of the Proposal communications relating to the to SEC Rule 10a–1 under the Act and proposed rule change between the The NYSE, pursuant to Rule 19b–4 of Exchange Rule 440B.8 Commission and any person, other than the Act, proposes to amend NYSE Rule The proposed amendments are those that may be withheld from the 104.10(5)(i) to remove certain intended to enhance the specialist’s public in accordance with the restrictions on specialists’ ability to ability to deal for his or her own provisions of 5 U.S.C. 552, will be establish or increase their positions in account to provide support to the available for inspection and copying at their specialty stocks. market. Under the proposed rule the Commission’s Public Reference change, specialists will, to a greater Purpose Room. Copies of the filing will also be degree, be able to counter the market available for inspection and copying at NYSE Rule 104 governs specialists’ trend in a stock through effecting the principal office of the NASD. All dealings in their specialty stocks. In proprietary transactions that are against submissions should refer to File No. particular, NYSE Rule 104.10(5)(i) the market trend. The NYSE believes SR–NASD–97–10 and should be describes certain types of transactions to that in today’s markets, characterized by submitted by October 7, 1997. establish or increase a specialist’s increased volatility and institutional It therefore is ordered, pursuant to position which are not to be effected activity, the use of dealer capital in this Section 19(b)(2) of the Act,15 that the unless they are ‘‘reasonably necessary to fashion can add liquidity in a manner proposed rule change (SR–NASD–97– render the specialist’s position adequate beneficial to the market. 10), as amended, is approved. to’’ the needs of the market. III. Commission Findings and For the Commission, by the Division of Additionally, these types of transactions Conclusions Market Regulation, pursuant to delegated require floor official approval unless authority.16 they are conducted in ‘‘less active The Commission finds that the Margaret H. McFarland, markets’’ where such transactions are an proposed rule change is consistent with Deputy Secretary. essential part of a proper course of the requirements of the Act and the [FR Doc. 97–24542 Filed 9–15–97; 8:45 am] dealings and where the amount of stock rules and regulations thereunder applicable to a national securities BILLING CODE 8010±01±M involved and the price change, if any, are normal in relation to the market.5 exchange, and, in particular, with 9 Currently, such restrictions apply Section 6(b)(5) of the Act. The SECURITIES AND EXCHANGE equally to transactions that are Commission believes the proposal is COMMISSION beneficial to the market by being against consistent with the Section 6(b)(5) the market trend. The Exchange is requirements that the rules of an [Release No. 34±39036; File No. SR±NYSE± exchange be designed to promote just 97±10] proposing to apply these restrictions only to those transactions that are and equitable principals of trade, Self-Regulatory Organizations; Order disadvantageous to the market by being remove impediments to and perfect the Approving Proposed Rule Change by with the market trend. mechanism of a free and open market, and, in general, protect investors and the New York Stock Exchange, Inc. Specifically, the revision to NYSE the public interest, promote efficiency, Relating to Amendments to Rule Rule 104.10(5)(i)(B) would continue to competition and capital formation.10 104.10(5) Relating to Specialists prohibit a specialist from establishing or The Commission also believes that the Establishing a Position in Specialty increasing his or her long position by proposal is consistent with Section Stocks purchasing more than 50% of the stock 11(b) of the Act and Rule 11b–1 offered for sale in the market on a zero- thereunder,11 which allow exchanges to September 9. 1997. plus tick (i.e., at a price equal to the last promulgate rules relating to specialists I. Introduction sale and above the previous different in order to maintain fair and orderly price sale).6 There would no longer, On March 25, 1997, the New York markets. Stock Exchange, Inc. (‘‘NYSE’’ or however, exist an express restriction on Both the Act and NYSE Rules reflect ‘‘Exchange’’) submitted to the Securities purchasing stock on a zero-minus tick to the crucial role played by specialists in and Exchange Commission (‘‘SEC’’ or establish or increase a position. The NYSE believes that purchases on zero- ‘‘Commission’’), pursuant to Section 8 Long sales on zero-minus ticks would not be 19(b)(1) of the Securities Exchange Act minus ticks are against the market trend deemed ‘‘to establish or increase a position.’’ and are perceived as being beneficial to Rather, such sales are deemed liquidating of 1934 (‘‘Act’’) 1, and Rule 19b–4 the market.7 transactions and are addressed by NYSE Rule thereunder,2 the proposed rule change 104.10(6). See Securities Exchange Act Release No. to permit specialists to engage in certain 31797 (January 29, 1993) 58 FR 7277 (February 5, types of transactions by removing 3 See Securities Exchange Act Release No. 38574 1993) (approval order permitting specialists to (May 5, 1997). ‘‘reliquify’’ a dealer position by selling long on a existing restrictions that currently limit 4 62 FR 25984 (May 12, 1997). zero-minus tick or by purchasing to cover a short 5 See NYSE Rule 104.10(5)(i). position on a zero-plus tick without Floor Official 15 15 U.S.C. 78s(b)(2). 6 A plus tick is a price above the price of the last approval). 16 17 CFR 200.30–3(a)(12). preceding sale. 9 15 U.S.C. 78f. 1 15 U.S.C. 78s(b)(1). 7 A minus tick is a price below the price of the 10 15 U.S.C. 78(c). 2 17 CFR 240.19b–4. last preceding sale. 11 15 U.S.C. 78k and 17 CFR 240.11b–1(a)(2). 48692 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices providing stability, liquidity and 1989 were substantial buyer in the face specialists are precluded from trading continuity in the Exchange’s auction of heavy selling pressure, although for their own account unless such market. Recognizing the importance of performance varied among specialists. dealing is necessary for the maintenance the specialist in the auction market, the Both the 1987 Report and the 1989 of a fair and orderly market.21 Act and NYSE Rules impose stringent Analysis reaffirmed the importance of Finally, the Commission believes that obligations upon specialists.12 Primary specialist participation in countering the NYSE’s established surveillance among these obligations are the market trends during periods of market procedures and criteria should allow the requirements to maintain fair and volatility. At the same time, the reports Exchange to monitor specialist orderly markets and to restrict specialist emphasized the importance the compliance with NYSE Rule dealings to those that are ‘‘reasonably Commission placed on the NYSE’s 104.10(5)(i). More specifically, the necessary’’ in order to maintain a fair ability to ensure that all specialists Commission expects the NYSE to and orderly market.13 comply with their affirmative and monitor carefully compliance with the The importance of specialist negative market making obligations procedures of NYSE Rule 104 as 19 performance to the quality of markets during such periods. required under Section 19(g) of the was highlighted during the 1987 and The Commission recognizes that Act.22 market conditions may exist at times 1989 market breaks. In The October For the foregoing reasons, the where it is necessary or desirable to 1987 Market Break Report (‘‘1987 Commission finds that the NYSE’s provide specialists with additional Report’’), the Division examined proposal to permit specialists to engage specialist performance on the NYSE on flexibility in establishing or increasing a in certain types of transactions by October 19 and 20, 1987.14 The Division position in order to facilitate their removing existing restrictions that found that, during periods of the ability to maintain fair and orderly currently limit specialists when greatest volatility in 1987, particularly markets, particularly during unusual establishing or increasing a position in on October 19, 1987, NYSE specialists market conditions. Accordingly, the their specialty stocks is consistent with had to act as the primary, or sometimes Commission believes that it is the requirements of the Act and the the only, buyers for many of the appropriate for the NYSE to remove rules and regulations thereunder. specialty stocks because of the lack of those provisions of Rule 104.10(5)(i) buying interest by upstairs firms.15 The that require floor official approval for It is therefore ordered, pursuant to increased volume of order flow, coupled certain specialist purchases on zero- Section 19(b)(2) of the Act, that the with the lack of participation on the part minus ticks and specialist sales on zero- proposed rule change (SR–NYSE–10), as of the upstairs firms, resulted in NYSE plus ticks.20 The proposed changes may amended, is approved. specialists having to take large dealer allow specialists, during periods of For the Commission, by the Division of positions.16 Although many NYSE market volatility, to keep any general Market Regulation, pursuant to delegated specialists appeared to perform well price movements orderly, thereby authority.23 under the adverse conditions, specialist furthering the maintenance of fair and Margaret H. McFarland, performance during this period varied orderly markets consistent with Deputy Secretary. widely. Sections 6 and 11 of the Act. The [FR Doc. 97–24543 Filed 9–15–97; 8:45 am] The Division also examined NYSE Commission emphasizes, however, that BILLING CODE 8010±01±M specialist performance during the the expanded flexibility afforded to volatile conditions of October 13 and specialists by the proposal merely 16, 1989. The Division found that obviates the current required floor specialist performance during that time official approval for the affected SMALL BUSINESS ADMINISTRATION was similar in many respects to transactions and does not reflect that all specialist performance during the 1987 specialist purchases on zero-minus ticks Declaration of Disaster #2965: State of market break.17 Specifically, the and sales on zero-plus ticks are Michigan, Amendment #2 Division found that, during these two appropriate. Notably, specialists remain periods of extreme market volatility, subject to their ‘‘negative obligations,’’ In accordance with information specialists were confronted with specifically, the requirement that received from the Federal Emergency extraordinary order imbalances that Management Agency dated September required unprecedented capital 19 A specialist’s dealer responsibilities consist of 4, 1997, the above-numbered commitments.18 As in October 1987, ‘‘affirmative’’ and ‘‘negative’’ obligations. In Declaration is hereby amended to accordance with their affirmative obligations, extend the deadline for filing specialists as a whole on October 13, specialists are obligated to trade for their own accounts to minimize order disparities and applications for physical damage as a 12 Rule 11b–1 under the Act, 17 CFR 240.11b–1 contribute to continuity and deputy in the market. result of this disaster to September 23, and NYSE Rule 104. Conversely, pursuant to their negative obligations, 1997. 13 17 CFR 240.11b–1(a)(2). specialists are precluded from trading for their own All other information remains the 14 See 1987 Report, February 1988 at xvii, 4–1. accounts unless such dealing is necessary for the maintenance of a fair and orderly market. In view same, i.e., the deadline for filing 15 See 1987 Report, 4–23 to 4–24 and 4–26, to 4– of these obligations, the price trend in a security 27. Generally, ‘‘upstairs firms,’’ or block trading applications for economic injury is should be determined not by specialist trading but April 13, 1998. desks of large broker dealers (as opposed to by the movements of the incoming orders that specialists and other traders on the NYSE Floor), initiate these trades. (Catalog of Federal Domestic Assistance can, at times, provide an additional source of 20 The Commission notes that Rule 104.10(5)(i) Program Nos. 59002 and 59008.) liquidity for NYSE-listed issues through their currently only requires floor official approval for trading activities. During the 1987 market break, purchases or sales at a price equal to the last sale 21 In addition, NYSE Rule 104.10(5)(i) clearly however, particularly on October 19, 1987, very price when all or substantially all the stock offered/ little buying was effected by upstairs firms, forcing requires that covered transactions must be bid on the limit order book represents all or specialists to be the contra-side to large blocks of reasonably necessary to render the specialist’s substantially all the stock offered/bid in the market. position adequate to such needs. stock. Moreover, the rule currently does not require floor 16 22 Section 19(g) of the Act requires every self- See 1987 Report at 4–58. official approval of such transactions if they are 17 See Market Analysis of October 13 and 16, 1989 effected in ‘‘less active markets’’ where they are an regulatory organization to comply with, and enforce (‘‘1989 Analysis’’) at 3–4 and 33–44. essential part of a proper course of dealings and compliance with, the Act, the rules thereunder and 18 See 1987 Report at 4–8 and 1989 Report at 23– where the amount of stock involved and the price its own rules. 26. change, if any, are normal in relation to the market. 23 17 CFR 200.30–3(a)(12). Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48693

Dated: September 8, 1997. (IMO) and the International exemptions and approving the transfer Bernard Kulik, Organization of Standardization (ISO). of a public use airport under the Associate Administrator for Disaster (7) Status report from Safety program; it also describes the Assistance. Regulatory Reform Subcommittee. application procedures to be used by [FR Doc. 97–24510 Filed 9–15–97; 8:45 am] (8) Report from subcommittee on Big interested public airport sponsors and BILLING CODE 8025±01±P ‘‘L’’ OSVs, Crew Boats, Alternate private parties to apply for an Tonnage and Licensing of OSVs. exemption under the program. Procedural DATES: This policy is effective on DEPARTMENT OF TRANSPORTATION The meeting is open to the public. At publication. With exception noted below, preliminary and final Coast Guard the Chairperson’s discretion, members of the public may make oral applications for exemption will be [CGD 97±061] presentations during the meeting. If you accepted or after December 1, 1997, and would like to make an oral presentation will be handled on a first-come first- National Offshore Safety Advisory at the meeting, please notify the served basis until the limits of section Committee Executive Director no later than October 47134 are reached. An otherwise qualifying preliminary or final AGENCY: Coast Guard, DOT. 9, 1997. Written material for distribution at the meeting should reach application for exemption will be ACTION: Notice of meeting. the Coast Guard no later than October 9, accepted before December 1, 1997, if the SUMMARY: The National Offshore Safety 1997. If you would like a copy of your sponsor has issued, on or before the date Advisory Committee (NOSAC) will meet material distributed to each member of of publication of this notice, a formal to discuss various issues relating to the Committee or Subcommittee in solicitation or request for proposals for offshore safety. The meeting will be advance of the meeting, please submit the sale or lease of an airport. All open to the public. 25 copies to the Executive Director no applications will be evaluated in the order of receipt. DATES: The meeting of NOSAC will be later than October 9, 1997. held on Thursday, October 23, 1997 Information on Services for Individuals FOR FURTHER INFORMATION CONTACT: from 8:30 a.m. to 2:30 p.m. Written With Disabilities Benedict D. Castellano Manager, (202– material and requests to make oral 267–8728) or Kevin C. Willis (202–267– For information on facilities or presentations should reach the Coast 8741) Airport Safety and Compliance services for individuals with disabilities Guard on or before October 9, 1997. Branch, AAS–310, Federal Aviation or to request special assistance at the ADDRESSES: The NOSAC meeting will be Administration, 800 Independence Ave. meeting, contact the Assistant to the SW., Washington, DC 20591, held at Transocean Offshore Inc., 4 Executive Director as soon as possible. Greenway Plaza, Room C100, Houston, SUPPLEMENTARY INFORMATION: Texas. Written material and requests to Dated: September 10, 1997. Introduction and Background make oral presentations should be sent Joseph J. Angelo, to Captain R.L. Skewes, Commandant Director of Standards, Marine Safety and This notice of application procedures (G–MSO), U.S. Coast Guard Environmental Protection. to be used by applicants for an airport Headquarters, 2100 Second Street SW., [FR Doc. 97–24571 Filed 9–15–97; 8:45 am] privatization project is being published Washington, DC 20593–0001. BILLING CODE 4910±14±M pursuant to section 149 of the Federal FOR FURTHER INFORMATION CONTACT: Aviation Administration Authorization Captain R.L. Skewes, Executive Director Act of 1996, Public Law 104–264 DEPARTMENT OF TRANSPORTATION of NOSAC, or Mr. Jim Magill, Assistant (October 9, 1996) (1996 Reauthorization to the Executive Director, telephone Federal Aviation Administration Act), which adds a new section 47134 (202) 267–0214, fax (202) 267–4570. to Title 49 of the U.S. Code. Section SUPPLEMENTARY INFORMATION: Notice of [Docket No. 28895] 47134 authorizes the Secretary of this meeting is given pursuant to the Transportation, and through delegation, Airport Privatization Pilot Program: the FAA Administrator, to exempt a Federal Advisory Committee Act, 5 Application Procedures U.S.C., App. 2. sponsor of a public use airport that has AGENCY: Federal Aviation received Federal assistance, from certain Agenda of Meeting Administration (FAA), DOT. Federal requirements in connection The agenda includes the following: ACTION: Notice of final application with the privatization of the airport by (1) Introduction and swearing-in of procedures. sale or lease to a private party. new members. Specifically, the Administrator may (2) Progress report from the SUMMARY: Section 149 of the Federal exempt the sponsor from all or part of Prevention Through People Aviation Authorization Act of 1996 the requirements to use airport revenues Subcommittee. establishes an airport privatization pilot for airport-related purposes, to pay back (3) Progress report from the program, and authorizes the Department a portion of Federal grants upon the sale Subcommittee on Pipeline. Free of Transportation to grant exemptions of an airport, and to return airport Anchorages for Mobile Offshore Drilling from certain Federal statutory and property deeded by the Federal Units (MODUs), Liftboats and Vessels. regulatory requirements for up to five Government upon transfer of the airport. (4) Status report on revision of 33 CFR airport privatization projects. A request The Administrator is also authorized to Subchapter ‘‘N’’, Outer Continental for participation in the airport exempt the private purchaser or lessee Shelf Regulations. privatization pilot program will be from the requirement to use all airport (5) Status report on the Final Rule of initiated by the filing of either a revenues for airport-related purposes, to 46 CFR Subchapter ‘‘L’’ on Offshore preliminary or final application for the extent necessary to permit the Supply Vessels (OSVs) and Liftboats. exemption with the FAA. This purchaser or lessee to earn (6) Report on issues concerning the statement identifies the issues the compensation from the operations of the International Maritime Organization Department will consider in granting airport. 48694 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

In addition to identifying the Regulatory Requirements and is in effect on the date of the sale application procedures, this notice An operator of an airport receiving air or lease of the airport will not be discusses the issues the FAA will service by aircraft with more than 30 abrogated by the sale or lease. In addition, the Administrator must consider in determining whether to passenger seats must hold an FAA find that the transfer will not result in approve an application for an operating certificate under 14 C.F.R. unfair and deceptive trade practices or exemption under section 47134 and Part 139. Authority to certificate airports unfair methods of competition, and that other Federal requirements for airport served by aircraft with 9 or more operation. The term ‘‘public sponsor’’ is the interests of general aviation users passenger seats was granted to the FAA used in this document to mean the are not adversely affected. in the 1996 Reauthorization Act. FAA governmental agency or authority that operating certificates are not Number of Participating Airports currently owns or operates a public transferable; a new operator of a airport and proposes to sell or lease it In establishing the privatization pilot certified airport must obtain a new to a private purchaser or lessee. The program, Congress placed limitations on certificate issued by the FAA. term ‘‘private operator’’ is used to refer the number and kind of airports eligible to a private firm or firms that propose Section 47134 to participate. Paragraph 4713(d)(1) provides that if the applications of 5 to purchase or lease a public airport Section 47134 contains specific under the program; the term ‘‘applicant’’ airports are approved, then at least one provisions for issuance of an exemption must be a general aviation airport. means all of the parties jointly in connection with a transfer of airport participating in the application for Paragraph 4713(d)(2) provides that no operation. These conditions supplement privatization of a particular airport. more than one of the airports approved and to some extent overlap the factors may be an airport with more than 1 Requirements for Transfer of a that FAA would consider under percent of total passenger boardings (a Federally-Assisted Public Airport Assurance No. 5.b., but do not replace large hub airport), as defined in 49 A request for transfer of the operation other requirements for approval of an U.S.C. 47102(10). airport transfer. In summary, section of an airport from an existing public Notice of Proposed Application sponsor to a new operator, whether 47134(c) provides that the Administrator may issue exemptions to Procedures; Discussion of Comments public or private, requires FAA Received approval. The request for exemption a public sponsor and a private sponsor under § 47134 would be considered in only if the Administrator finds that the On April 22, 1997, the Federal conjunction with existing approval sale or lease agreement contains Aviation Administration published in requirements and processes. provisions satisfactory to the the Federal Register a Notice of Administrator to ensure that: Proposed Procedures entitled ‘‘Airport Grant/Deed Conditions (1) The airport will continue to be Privatization Pilot Program: Application Airport sponsors receiving Federal available for public use on reasonable Procedures,’’ proposing application assistance under a grant program or terms and conditions without unjust procedures for public sponsor through donation of surplus property discrimination; participation in the Airport agree as a condition of the assistance to (2) The operation of the airport will Privatization Pilot Program (62 FR obtain FAA approval before transferring not be interrupted if the private operator 19638). The notice also included a control or ownership of the airport to experiences bankruptcy or other discussion of issues involved in another party. For example, Assurance financial difficulty; reviewing applications and a notice of a No. 5.b. in the Airport Improvement (3) The private operator will public meeting. The agency asked for Program (AIP) grant agreements ‘‘maintain, improve, and modernize’’ public comment by June 4, 1997. The provides that a sponsor will not sell, airport facilities through capital FAA also solicited and received lease, or otherwise transfer any part of investments, and submit a plan for these comments at the public meeting held on its title or other interests in the airport actions; May 21, 1997. Verbatim transcripts of property subject to the grant assurances, (4) Airport fees imposed on air the meeting have been included in the for the duration of the term of the grant carriers will not increase faster than docket of this proceeding. agreement, without approval by the inflation unless a higher amount is The Agency received more than 22 Secretary. Assurance No. 5 further approved by at least 65 percent of the written comments to the Notice of provides that the sponsor and the air carriers using the airport and the air proposed application procedures. transferee approved by the Secretary carriers having at least 65 percent of the Comments were received from such shall insert in the contract or document landed weight of aircraft at the airport; organizations and individuals as; transferring the sponsor’s interest, and (5) The percentage of increase in fees Aircraft Owners and Pilots Association, make binding upon the transferee, all of imposed on general aviation operators (AOPA); Air Line Pilots Association, the terms, conditions and assurances will not exceed the percentage increase (ALPA); Air Transport Association, contained in the sponsor’s grant in fees imposed on air carriers; (ATA); Airport Commission City and agreement. Similar conditions are (6) Safety and security will be County of San Francisco; Airports written into the deeds of conveyance for maintained ‘‘at the highest possible Council International-North America, Federal surplus property donated to an levels;’’ (ACI–NA); Airport Group International, airport sponsor. (7) Adverse effects of noise from (AGI); Allegheny County Department of The FAA expects that applications operations at the airport will be Aviation; American Association of will include a statement that the new mitigated to the same extent as at a Airport Executives, (AAAE); BAA USA, owner/operator will assume the public airport; Inc.; Infrastructure Management Group, obligations of the original sponsor under (8) Adverse effects on the (IMG); Johnson Controls; Landrum and existing grant agreements or deeds. The environment from airport operations Brown; National Air Transportation FAA will consider whether the new will be mitigated to the same extent as Association, (NATA); National owner/operator has the powers and at a public airport; and Organization to Insure A Sound authority to fulfill its obligations under (9) Any collective bargaining Controlled Environment, (NOISE); New the assurances. agreement that covers airport employees York State Department of Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48695

Transportation, (NYSDOT); Sam Stuart meetings with industry leaders and identified in the April 22 Federal of ProAir Partner Inc.; Public Employees trade groups, both proponents and Register notice. Department, AFL–CIO, Reason opponents of airport privatization, both Two Year Assessment Period Foundation; Scenic Hudson; Mr. domestically and internationally. In Charles Spence; Stewart Park & Reserve May, 1997, the FAA and DOT Comments: Allegheny County Coalition; Transportation Trades conducted a public meeting to obtain Department of Aviation suggests that the Department, AFL–CIO (TTD). public testimony on the topic. statutory two year assessment period The summary of comments is Final Disposition: The FAA will provides as insufficient time to fully intended to represent the general consider the public comments received evaluate the impacts of the program. As divergence of industry views on various from the notice combined with the an example, the county mentioned a issues. It is not intended to be an results of the May 21 public meeting typical capital development schedule exhaustive restatement of the comments and the background information can have a longer horizon than two received. All comments received were provided by the industry in the years. If the generation of new capital considered by the FAA even if not development of the report to Congress. and investment is a measure of specifically identified in this summary. The FAA does not plan further notice performance, the two year reporting In addition to specific changes noted in and comment on the results of the period does not provide sufficient time the discussion of the issues, the FAA program at this time, but will consider for determining results. The county has made editorial changes throughout a public forum for discussion of suggests that Congress establish a longer the application procedures to enhance experience under the program at an horizon to permit a more realistic readability and clarity. The Notice of appropriate time in the future. assessment of the program. Proposed Procedures included a Discussion: The statute requires the discussion of issues that would be Resale or Lease to Third Party FAA to submit a report to Congress not later than two years after the approval considered by the FAA in reviewing Comments: ATA suggests that the of the first application. applications and granting exemptions FAA should establish procedures Final Disposition: The report to (62 FR at 19641–19645). This notice prohibiting the resale of an airport to a Congress will be filed 2 years from the addresses comments on that discussion, third party and mandating the reversion date of the first application. but does not repeat the separate of the airport to the original public discussion of those issues. entity. Selection Process Application Procedures Discussion: Approval of a sale or lease Comments: A number of comments under section 47134 would not suggest changes to the selection process Required Report to Congress eliminate the Federal obligations of the and application submission dates. San Comments: A number of comments private operator under grant agreements Francisco argues that the FAA’s system suggest changes in the reporting to obtain FAA approval for a subsequent of ‘‘first come first serve’’ is arbitrary requirement to Congress. Allegheny sale or lease. Therefore, a prohibition on and unfair. San Francisco suggests that County Department of Aviation suggests resale or sublease is unnecessary. the start date of December 1, 1997, the FAA initiate a dialogue with Final Disposition: The final should be delayed for three months to industry groups to identify potential procedures do not include a prohibition allow applicants sufficient time to measures of success to monitor and on resale or subleasing of the airport. prepare an exemption application. They evaluate the program. Several Number of Airports in Pilot Program also suggest that the selection process be commenters suggest that industry replaced by a lottery of pre-qualified comments should be solicited annually Comments: Landrum and Brown, a applicants with five airports selected by and the FAA report to Congress on the consulting firm, requests policy a disinterested third party. efficacy of privatization and the pilot clarification on the number and type of Johnson Controls, a private airport program. The Transportation Trades participating airports. Landrum and operator, has two concerns with the Department, AFL–CIO suggests that the Brown believes that for the five airports ‘‘first come first serve’’ approach. Their FAA should address employee and selected for participation in the first concern is that the first five collective bargaining relationships in program, specific limits should be applications submitted may not be the the two year report to Congress; the placed on each hub classification (e.g., most qualified to be included in the report should address such issues as the large, medium, and small hub) to permit program. Second, if more than five program’s effects on wages and working participation by all airport hub airports submit applications for the conditions, retention percentages, classifications. FAA should also provide December 1 deadline, some of those contracting out practices and other guidelines and criteria for the airports sponsors and their associated factors deemed relevant. The FAA development of the sponsor’s request for parties will be forced to expend a great should also consider a yearly reporting proposal/qualifications (RFP/RFQ). deal of preparatory work and expense requirement to monitor the long term Discussion: Congress did not intend with no assurance that they will be able effect on employees. for participation in the airport to obtain an exemption. As an Discussion: The law requires the FAA privatization program to be defined alternative, Johnson Controls suggests a to provide a report to Congress on the according to airport hub classifications two step process. The first step requires Progress of implementation of the beyond those specifically identified in the submittal of a preliminary program no later than two years after the section 149. The conference report, for application consisting of a description approval of the initial application. the bill which became section 149, of the procurement process, a copy of While the statute requires the FAA to indicates that the program should be the request for proposal (RFP) and a list report only on the implementation of flexible using neither size or of the airport owner’s minimum the program, a considerable amount of geographical diversity as factors in the requirements. The second step would effort has been undertaken to better selection of airports. H.R. Rep. 104–848 consist of the FAA granting conditional understand the potential impacts of at 27 (September 29, 1996). approval for five airport sponsors to airport privatization. During the past Final Disposition: The final policy issue a RFP. A stand-by list would be year, the agency has held a number of retains the original position as utilized should one of the first five 48696 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices applicants be unable to complete the because it will avoid a costly and Extensions may be granted, if the FAA process. Airport sponsors would have to extensive process by parties that will finds that the public sponsor is making request FAA approval of their final turn out not to be among the first five reasonable efforts to complete the applications. This selection process is qualifying applicants. Also, the FAA process. For applications received by endorsed by Airports Council agrees with the suggestion for a lottery the FAA on the same business day, the International North America (ACI–NA) procedure to the extent necessary to FAA will hold a public lottery to assign and the American Association of assign priority to applications received priority. Airport Executives (AAAE). on the same day. Final applications and preliminary Landrum and Brown wants both the Final Disposition: As a first step, applications will not be accepted before airport sponsor and private airport interested public sponsors may submit a December 1, 1997, unless an applicant operator to be pre-qualified for summary preliminary application to the has issued an RFP on or before the date exemption and participation in the pilot FAA for review and approval on or after of publication of this notice. Applicants program. Airport Group International December 1, 1997 (with certain that have already issued an RFP for (AGI) proposes that interested airport exceptions noted below). The proposals for the sale or lease of the sponsors submit an expression of preliminary application will consist of: airport on or before the date of interest by a date certain. The statement a summary narrative of the objectives of publication of this notice and have would include basic information about the privatization initiative; i.e., what the selected a private operator may submit the facility and a feasibility report sponsor is trying to accomplish; second, a final application for review before demonstrating that the economics of the a description of the process and December 1, 1997. Applicants that have airport can support privatization. Based timetable to be employed in selecting an issued the RFP but have not selected a upon this submittal, the FAA would operator; third, all the information private operator may file a preliminary select five airports best qualified for required to be included in Part II of the application on or before that date. When participation in the program. final application; fourth, airport a final application is accepted for Exemptions would be issued upon the financial statements including balance review, the FAA will publish notice in completion of the solicitation process. and income statements for the last two the Federal Register with a 60-day The Reason Foundation suggests reporting periods; and finally, a comment period. staggered start dates based upon airport distribution ready copy of the request The application procedures will be classification. Under this proposal, for proposals (RFP) that the sponsor will modified to reflect the changes to the applications for general aviation airports use in seeking a private operator. selection process. would be accepted from December 1 The RFP must be specifically for the onward, but approval would be limited sale or lease of the airport under the Privately Owned General Aviation to a maximum of two during the initial § 47134 Airport Privatization Pilot Airports 18 months, while awaiting for Program. The document should contain Comments: The State of New York applications from air carrier airports. references to this notice and the nine recommends that privately held general Large and medium hub airports could statutory objectives listed in section aviation airports be excluded from not submit an application until 18 47134(c). These preliminary section 47134(a) because they will not months later, all other carrier airports applications will be accepted for review ‘‘facilitate new forms of airport would have 12 months. This type of on a first come first served basis. The ownership’’ as was intended by the extended schedule would provide large FAA will review each preliminary statute. and medium hub airports a longer time application and, if the preliminary Discussion: The statute provides no for preparation due to the complexity of application is accepted for review, the basis for excluding privately owned preparing a request for proposals. FAA will publish the status of the airports. Privately owned airports are Discussion: We agree with application in the Federal Register. currently bound by many of the same commenters that a revision of the Filing dates for applications, for the laws, regulations, and grant assurances selection procedures is warranted. The purposes of determining filing order that govern publicly owned airports. FAA drew on several different under this program, will be the filing However, exemptions under the comments for development of the date of an approved preliminary program are granted only ‘‘to the extent following two-step selection process. application or the filing date of the final necessary’’ for the purposes listed in We continue to believe applications application if no preliminary § 47134(b) (2) and (3). It is likely that no should be selected on a first come first application is filed. The FAA may exemption would be necessary for these served basis, rather than a selection accept up to five applications. If more purposes in a sale or lease of an airport process based on criteria not found in than five airports submit applications, from one private owner to another, and section 47134. First, the direction for a the FAA will establish a stand-by list. the FAA does not anticipate that report to Congress within 2 years The FAA agrees to notify an applicant applications will be received from indicates an interest in early within thirty days of the filing of the private sponsors or that such sponsors implementation of the program. A first- preliminary application whether the would qualify for an exemption under come first-served selection procedure is application has been accepted for the standards of section 47134. most likely to meet this objective, as review. Final Disposition: The FAA will issue would the December 1 start date for Once a preliminary application is exemptions only to the extent necessary applications, rather than a date of 12 or accepted for review, an applicant may for the purposes listed in section 18 months hence. Second, section 47134 issue its RFP, select a private operator, 47134(b) (2) and (3). does not provide specific authority or negotiate an agreement and submit a guidance for comparative selection of final application to the FAA for Public Outreach eligible applications, should more than approval without competing with other Comments: Several commenters five applications be received, based on applicants for one of the five program requested that additional public their merits as privatization projects. slots. The acceptance for review of the outreach efforts be written into the However, FAA agrees that a two-step preliminary application is time specific procedures. NATA supports the idea of process, involving both preliminary and and based on the time table submitted publishing the application in the final applications, would be beneficial with the preliminary application. Federal Register for the solicition of Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48697 public review and comment. AOPA public outreach efforts in the final Part IV of the Application: wants the airport sponsor to implement application. Qualifications of the Private Operator measures to improve the opportunity for Final Disposition: Upon receipt of a Comments: San Francisco opposes the public comment from the airport’s preliminary application, the FAA will implementation of a fitness test, because general aviation community. AOPA publish a notice in the Federal Register. such a test would tend to discriminate suggests that the airport sponsor be When a final application is accepted for against private operators. Allegheny required to contact all general aviation review by the FAA, the application will County, ATA and AGI believe that a tenants individually by mail, to the be published in the Federal Register for fitness test could be a valuable exercise extent practical, and to post a notice in public review and comment for a sixty for the FAA to perform. Several a prominent location on the airport, to day period. The application procedures comments express the concern that such notify all general aviation tenants of a will be modified to reflect these changes a test should not be unduly burdensome pending application before the FAA. and to require a description of any local and the investigation process should be The FAA should also conduct a public public outreach efforts by the applicant. similar to those investigations hearing at each airport being considered Part II of the Application: Airport conducted for public operators. Johnson for participation in the pilot program. Property Controls emphasizes the need to crease Scenic Hudson, Incorporated and a ‘‘level playing field’’ for both publicly Stewart Park and Reserve Coalition, two Comments: Scenic Hudson and operated airports and privately operated community organizations with an Stewart Park and Reserve Coalition airports. FAA should not use the interest in Stewart International Airport, request clarification of what would be Newburgh, New York, requested the considered airport property, specifically exemption approval process as an FAA to provide notification by personal as it pertains to Stewart International excuse for placing burdens on the mail service to interested parties Airport. The two commenters want to private operator which were not regarding the acceptance of a final know who will define what is to be imposed on the public entity previously application with a copy of the final included as airport property and the operating the airport. application provided upon request. criteria to be employed in this Discussion: Comments supporting the They also suggested that the comment determination. need for a fitness test, raise two period on each application be for a Discussion: The FAA agrees that concerns. First, a fitness test should not period of 90 days. property to be transferred must be be discriminatory against private Discussion: The FAA supports efforts clearly identified. Airport sponsors, operators; any investigation process to inform the public of any expected requesting an exemption under section conducted should be the same for both changes affecting the airport 47134, must provide a description of the public and private operators. Second, it community. However such efforts to airport property to be transferred under should not be unduly burdensome on obtain tenant participation and the pilot program. They must also the operator. comment are best initiated by the provide an acquisition history of the Section 47134 did not change existing airport sponsor in conjunction with existing airport property. The airport requirements applicable to public local pilot groups and airport tenant and sponsor, as property owner, is in the airport sponsors for ownership of user committees. best position to know the acquisition airports or eligibility to receive Federal The FAA expects that a request for history of the airport’s property and grants. In contrast, this section did Federal exemption is only one part of a determine what property will be impose new financial and other complex process that will involve a included as part of the transfer. requirements for private firms considerable amount of preparatory Final Disposition: Questions regarding undertaking the operation of a public work, will generally also require the the property of a specific airport should use airport under the pilot program. sponsor to obtain local government be directed to the airport operator. Accordingly, a fitness test related to the legislative and other types of approval, eligibility requirements of the pilot and in some cases will require state Part III of the Application: Terms of the program cannot be considered authorization. Public participation in Transfer discriminatory against private operators the process may be required before the Comments: ATA argues that the applying for participation in the application is submitted to the FAA. In parties buying or leasing the airport will program. FAA believes a limited fitness addition, we assume that industry be interested in recouping all or part of review of private operators, modeled on organizations will make their the cost of the initial transaction. ATA information reviewed for DOT economic membership aware of the opportunity to recomends that the parties should certification decisions, would be comment at the appropriate level of provide information on the source of beneficial in ensuring that the FAA government authority. With respect to reimbursement for purchase or lease meets the requirements of section Federal action, the names of public payments and the projected impact of 47134. The information involved is sponsors submitting preliminary the fees charged to airport users. limited to items related to this program, applications will be published in the Discussion: We believe this and will not be a burden for applicants. Federal Register. FAA will institute a information will be valuable in Final Disposition: In addition to the 60 day comment period for public evaluating a public sponsor’s information previously provided in the review of sponsor’s final application. application. And find the ATA proposed application procedures the We believe a 60 day comment period is recommendations to be reasonable. fitness test will require the following: reasonable considering the earlier Final Disposition: The application 1. A private operator’s airport requirement for publication in the procedures will be changed to operation and management experience. Federal Register of a sponsor’s incorporate a requirement that the 2. The identity, experience, expertise preliminary application. We encourage source of funds for reimbursement of and responsibility of key personnel. airport sponsor to augment our efforts the purchase or lease payments be 3. A description of facilities presently with their local means of identified, and that the applicants being managed by the company, both communicating with the general public, describe the anticipated impact of the domestically and internationally. and we are modifying the procedures to reimbursement on aeronautical user 4. Copies of the 10K annual reports require that applicants describe their fees. filed in the past 3 years with the 48698 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

Securities and Exchange Commission. If airport discontinues service. This issue Discussion: Section 47134(c)(9) not filed, balance sheet and income is further discussed under the heading requires that any collective bargaining statement and a cash flow statement ‘‘Issues Considered by the FAA in that covers airport employees will not prepared in accordance with Generally Granting an Exemption Under Section be abrogated by the transfer or sale of Accepted Accounting Principles, with 47134.’’ the airport. The application procedures all footnotes applicable to the financial Final Disposition: The application permit the applicants to satisfy section statements. The above mentioned procedures have been modified to 47134(c)(9) by providing a certification statement shall be filed annually, ninety reflect the discussion. that the collective bargaining agreement days after the close of the operator’s Part VIII of the Application: Airport has not been abrogated. We would fiscal year. Operation and Development expect as a part of submitting the A finding of fitness in response to an exemption application, the issues raised application under this program would Five-Year Capital Improvement Plan. by labor would be the basis for apply only to that application and not Comments: The ATA suggests that discussion between the private operator, to other applications filed with the FAA information on the five-year capital plan the airport owner and the collective or other offices of the Department of should include, if applicable, bargaining units. Before issuing an Transportation. information on sources and proposed exemption, the FAA would ensure the repayment terms of any borrowed funds. terms of the agreement met the Part V of the Application: Requests for Discussion: We find this request requirements of the Act. Exemption reasonable and consistent with our After transfer of the airport, we Comments: ATA also recommends request for disclosure of the source of assume that existing federal and state that information provided as part of the funds in previously mentioned agencies with responsibility for labor request for exemption to permit airport comments. relations, rather than the FAA, would revenue to be used for compensation of Final Disposition: A request for a perform oversight functions on labor the private operator should include description of this information will be agreements at the airport. FAA’s role anticipated amount and source of incorporated into the application would be limited to assuring that airport funds involved, and a procedures. applicant public sponsors and private description of the effect, if any, on air Collective Bargaining Agreements operators, in the transfer of the airport carrier or other user fees. Discussion: This request is consistent Comments: Public Employee to private operation, comply with with ATA’s request for additional Department, AFL–CIO requests that the assurances of section 47134. Collective information requested in Part III, labor requirements be strengthened. bargaining agreements and Federal labor ‘‘Terms of Transfer.’’ Consistent with FAA should require the recognition of laws establish employee rights and our action on that request, Part V is collective bargaining rights and an mechanisms for protecting employee being modified to include this adherence to the collective bargaining interests. Section 47134(c)(9) is not information in the application. No agreement. The details of workforce intended to make FAA oversight an further action is required. standards should be identified in any alternative process. Rather, by requiring lease or sale agreement. Transportation assurance that collective bargaining Part VI of the Application: Certification Trades Department, AFL–CIO identified agreements will not be abrogated, of Air Carrier Approval a clerical error in Part VII(A)(10) of the Congress demonstrated an intent to rely Comments: ATA indicates that proposed procedures. According to the on existing devices to protect employee statistics for determining landed weight statute, this section should read, ‘‘Any interests. should be based on the preceding collective bargaining agreement that Final Disposition: The application calendar year. According to the State of covers employees of the airport and is procedures will be revised to more New York, the regulation does not in effect on the date of the sale or lease closely conform with section address the manner in which the 65 of the airport will not be abrogated by 47134(c)(9). percent air carrier rule will be the sale or lease’’. The commenter Issues Considered by the FAA in calculated in the event one or more suggests that the FAA should more Granting an Exemption Under Section carriers announce a decision to clearly discuss what defines an 47134 65 Percent Carrier Approval discontinue service after the end of the abrogation of a collective bargaining year preceding application review. agreement. The FAA should also Comments: ATA believes that Discussion: The statistics requested in include detailed requirements for procedures must be clear that air paragraph B of the procedures for total collective bargaining agreements. The carriers approving ‘‘diverted’’ funds landed weight must be based on the application should address must constitute 65 percent in number preceding calendar year. This is a successorship of existing representatives and 65 percent in landed weight. requirement of the statute. Section of employees, adverse impacts on civil Discussion: In order for a public 47134(b)(1)(i)(ii) requires 65 percent service employees and a requirement sponsor to recover funds from the sale approval of the air carriers serving the that private operators offer employment or lease of the airport, the dollar amount airport and 65 percent approval of the to the existing workforce. must be approved by at least 65 percent total landed weight of air carriers from Transportation Trades Department of the air carriers serving the airport and the preceding calendar year. Carriers recommends an addition to Part at least 65 percent of the total landed discontinuing service during or after the VII(A)(10) requesting the applicant to weight of the air carriers serving the calendar year and not currently serving determine and describe the long term airport in the preceding calendar year. the airport would not be counted in the effects the transfer may have on As discussed above, carriers that have total landed weight for the preceding collective bargaining agreements and ceased operations at the airport at the calendar year. This interpretation is employees. Finally, the Transportation time of application will be excluded necessary to permit the 65 percent Trades Department suggests that the from the landed weight calculation. statutory carrier approval mechanism to FAA should have an oversight role in Final Disposition: The final work if a carrier having more than 35 the treatment of employees after the procedures are being modified to reflect percent of the landed weight at the agreement is signed. this discussion. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48699

Comments: Landrum and Brown should not participate in application different treatment would have been suggest that the 65 percent carrier approval. They also indicated that included. approval requirement is reasonable if landed weight requirements should not With respect to the comment that the obtained in advance of selection of include general aviation. Finally, the 65 percent approval requirement should operator. ATA recommends that general State of New York wants to know how not apply at general aviation airports, aviation airports be exempt from the 65 the FAA will handle an airline, airline the FAA notes that section 47134(b)(1) percent carrier provision rule in lieu of holding company, or an affiliate of that does not expressly exclude general a similar test of the majority of based air airline that becomes an applicant for aviation airports from the 65 percent craft owners or some other indication of private operation of the airport and also approval requirement. Based on the the users. has participatory rights under the 65 foregoing, the FAA interprets section The Allegheny County Department of percent carrier approval provision. The 47134(b)(1) (and the parallel provision Aviation (Allegheny County) argues that state suggests that such an airline would of section 47134(c)(4)) to reflect a it is not appropriate to equate Part 135 have an inherent conflict of interest. Congressional intent to give Part 135 operators with Part 121 air carriers, Discussion: The statute requires the operators at general aviation airports especially at general aviation airports. airport sponsor to comply with two tests voting rights as air carriers. Allegheny County argues that air taxi regarding air carrier approval of the Nevertheless, the FAA recognizes that operators at general aviation airports are amount of funds the sponsor can the differences in on demand Part 135 typically fixed base operators that recover as a result of the initial operators and Part 121 operators justify, provide on-demand air taxi services as transaction. While the statute makes no on both practical and policy grounds one of a group of aviation related reference to the timing of the approval, somewhat different treatment. The nature of Part 135 operator ‘‘on- activities. Typically, according to the amount of funds to be recovered demand’’ air service would place an Allegheny County, these operators have cannot be determined until the actual undue burden on the airport sponsor in not made financial commitments to the business arrangements between the administering the proposed certification airport in the form of long-term leases airport sponsor and a specific private requirement, especially as applied to and they do not commit their credit- operator are known. Therefore, the FAA non-based operators. Many Part 135 worthiness to the financing of the is not adopting the Landrum and Brown charter operations may be invisible to general aviation airport. Allegheny suggestion. County argues that the test proposed— airport surveillance. Many operators On the question of including Part 135 that any Part 135 operator with at least conduct their business with no visible air taxi operators in the 65 percent 50 annual operations be counted in the markings. In many cases it may be approval process, the FAA agrees that 65 percent vote—would lead to the difficult to ascertain whether an activity the proposed procedure would have unfair result that an itinerant air taxi is being done as a commercial flight in been impractical and could have led to with limited financial connections to air transportation, or as another activity results that are undesirable from a the airport would have a right to vote under Part 91. policy perspective. However, we do not while a fixed base operator (FBO) In addition, providing itinerant Part located at the airport (but with no Part fully agree with Allegheny County’s 135 operators with voting rights could 135 operations) would have no vote. assessment of Congressional intent give them more of an influence over the Allegheny County suggests that regarding Part 135 operators. Therefore, terms of a privatization transaction than recognition as an air carrier should be we are not adopting the modifications other users of a general aviation airport based on one or more of the following proposed by Allegheny County Airport. who will be more substantially tests: (1) A Part 135 operator lease is Rather, the FAA is modifying the 65 affected—fixed base operators without cited specifically as a security for the percent approval requirement to limit Part 135 operations. The committee sponsor’s financing of any airport participation to Part 135 operators with report indicates that the approval facility; (2) a Part 135 operator is a lease and/or use agreements and with provisions were added because signatory to a long term lease with aircraft used in Part 135 operations. Congress recognized ‘‘that airport users airport; (3) a Part 135 operator paid to Itinerant Part 135 operators, even with may be concerned that an airport could the airport within the last twelve 50 or more flights per year, would not use its monopoly power to increase months, landing fees for commercial be included. their fees to unreasonable levels.’’ Given flights which constituted a specified The FAA has reviewed the provisions this concern, there is not a strong policy percentage of the airport’s total revenues of section 47134, and we do not find justification for giving itinerant air taxi or exceeded a specified dollar amount. strong evidence that Congress intended operators—who would likely be less After the comment period closed, to distinguish, as a class, either Part 135 impacted by the increases in airport fees Allegheny County filed a request for a operators from Part 121 operators, or relative to airport tenants—a greater complete waiver of the 65 percent general aviation airports from influence over the terms of the approval requirement for Allegheny commercial service airports receiving privatization transaction than an entire County Airport, on the grounds that scheduled airline service. Under the category of airport tenants—FBOs Congress did not intend these airports to terms of the statute, the public sponsor’s without Part 135 operations. Moreover, be subject to the requirement. The FAA receipt of sale or lease proceeds and fee an airport operator may have no provided the Part 135 operators with increases exceeding the rate of inflation practical means of determining whether lease or use agreements at the airport must be approved by at least ‘‘65 an itinerant operation is conducted with an opportunity to respond. To percent of the air carriers’’ serving the under Part 135 or Part 91. ensure a complete record, the FAA is airport, without limitation or Therefore, the FAA has decided to including in this docket the waiver qualification. The term ‘‘air carriers’’ as limit participation in the 65 percent request and all responses. defined in 49 U.S.C. 40102 encompasses approval process to Part 135 operators The State of New York requested Part 135 operators, as Allegheny County that have lease and/or use agreements clarification on several aspects of the 65 recognizes. The FAA assumes that if with the airport and have aircraft used percent carrier approval rule. New York Congress intended to treat Part 135 in Part 135 operations based at the believes carriers that no longer have an operators, as a class, differently, explicit airport. This resolution provides those agreement with the airport sponsor provisions authorizing or mandating Part 135 operators most likely to be 48700 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices affected by a privatization transaction Final Disposition: The application beneficiary rights for the United States with the voting rights Congress procedures will be modified to reflect Government. Congress has authorized intended, while avoiding the practical the above discussion. Specifically, in the FAA to approve an application for and public policy difficulties associated applying the 65 percent approval exemption only if the lease or sale with extending the voting rights to requirement, carriers serving the airport agreement contains terms and itinerant operators. This resolution will will consist of all carriers conducting conditions that ensure the nine statutory provide to FBO tenants with a Part 135 operations at the airport under authority objectives are met. To assure that these certificate voting rights not shared by of 14 CFR Part 121 that have a lease rights are available, we will require the non-Part 135 FBOs. However, this is a and/or use agreement at the airport or sale or lease agreement to include distinction that is clearly contemplated that conducted at least 50 flights under provisions explicitly granting third by the terms of the statute. such authority in the preceding calendar party beneficiary rights to the FAA. The The FAA also notes that the definition year; all carriers conducting operations FAA will accept as an alternative a of the term ‘‘air carrier’’ in 49 U.S.C. at the airport as a commuter air carrier suitably structured tripartite agreement 40102 refers to U.S. citizens, and does within the meaning of 14 CFR Part 298 among the FAA, the public sponsor and not include foreign air carriers. While that have a lease and/or use agreement the private operator in which the three section 40102 expressly governs Part A at the airport or that conducted at least parties agree that the key grant of Title 49, Subpart VII, and Section 50 flights under such authority in the assurances required by section 47134 47134 is in Part B of that subtitle, the preceding calendar year; and all may be enforced directly against the FAA generally applies the definitions in operators conducting operations at the private operator by the FAA under the section 40102 to Part B if the terms are airport under authority of 14 CFR Part agreement as well as under applicable not defined to have a different meaning 135 that have a lease and/or use grants. in section 47102, the definition section agreement at the airport (or similar During the course of the application for Part B. Section 47102 does not agreement for use and occupancy of process, the FAA will determine on a define ‘‘air carrier,’’ but defines ‘‘air airport premises) and that have at least case by case basis, what grant carrier airport’’ in a manner that refers one aircraft used in Part 135 operations obligations will be transferred. As a to service by U.S. carriers, which is based at the airport. However, an result of the transfer, the public sponsor consistent with the section 40102 otherwise qualified air carrier will not should not be obligated for the airport definition of ‘‘air carrier.’’ Accordingly, be permitted to participate in the 65 grant assurances assumed by the private the FAA concludes that Congress did percent approval process, or be counted operator. However, the public sponsor not intend the statutory procedure for in the total landed weight in the may continue to have Federal air carrier approval to include foreign previous year, if the air carrier, air obligations under the exemption air carriers in the calculation of either carrier holding company, or affiliate of approval. These Federal obligations may 65 percent of air carriers serving the that air carrier responds to a solicitation depend on: (1) The conditions of airport or 65 percent of landed weight or submits a proposal to serve as a exemption; (2) third party beneficiary in the preceding year. The application private operator or participate in a rights; and (3) specific terms of the procedures reflect this conclusion. private operator consortium at that transfer agreement. However, the FAA notes that this airport. In addition, as proposed, an Additionally, we are requesting does not in any way affect existing airport that does not keep records of sponsors to identify in the application rights of foreign air carriers with respect landed weight for purposes of their approach to handling the to reasonable and not unjustly calculating landing fees may seek an protection of the airport’s runway discriminatory fees, or to the rights of appropriate waiver of the landed-weight protection zones and the acquisition foreign air carriers to use the same approval requirement. and retention of avigation easements, in administrative and legal processes consideration that a private operator available to U.S. operators to challenge Terms and Conditions Required for will have neither condemnation airport fees. Moreover, applicants are Approval—General Approach authority nor zoning power for adjacent reminded that bilateral air service Comments: The State of New York, property. agreements provide for consultation San Francisco and AGI believe that Final Disposition: The application with foreign air carriers. The applicant third party beneficiary rights are not procedures will be changed to should conduct timely consultation necessary and may exceed FAA’s incorporate the request for information with foreign air carriers serving the authority. The State of New York on the airport’s runway protection zones airport on all proposals for which believes the FAA has these rights under and avigation easements and to approval is requested under section existing law. Landrum and Brown incorporate the requirement for third- 47134(b)(1) and section 47134(c)(4), and suggests the FAA should require the party beneficiary rights or a tripartite include a description of the consultation sale or lease agreement to include agreement. None of the other comments in Part VI of the application. provisions that meet the statutory required changes to the procedures. Finally, the procedures exclude from objectives. Infrastructure Management the 65 percent approval process Group request clarification as to the Terms and Conditions To Assure Public otherwise qualified air carriers that standards and conditions under which Access on Reasonable Terms Without submitted proposals or that participate it might completely transfer grant Unjust Discrimination in consortia that submitted proposals for obligations to the private sector without Comments: Landrum and Brown the privatization of the subject airport. subsequent recourse to the previous recommends that a private operator The vote of such a carrier, whether or public sponsor. should operate an airport without not it is the successful proponent, could Discussion: Section 47134(c) permits discrimination under the same be based on its interests as a proponent the FAA to approve an exemption assurances required of a public sponsor. rather than its interests as a user of the application only if the sale or lease The State of New York argues the airport. To the extent that it is, such a agreement includes provisions introduction of requirements that would carrier’s vote would not further the satisfactory to the FAA. The Agency hold privately operated airports to a Congressional objective of the 65 considers the statutory objectives in higher than public airports would be percent approval requirement. section 47134(c) as creating a third party contradictory and deterrent. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48701

NATA opposes the ability to transfer resulting from new capital reasonableness of a fee imposed by an proprietary exclusive rights to a private improvements). Application of the airport receiving an exemption under operator. It argues that a private policy to the agreed upon rates and § 47134 of this title [to] consider operator exercising a proprietary charges could result in challenges to the whether the airport has complied with exclusive right in an area as fuel sales, rate structure as new users enter the section 47134(c).’’ 49 USC 47129(a)(4). for example, will impact existing fuel market. This could potentially This provision does not exempt fees that operators. A proprietary exclusive undermine the investment expectations meet the 65 percent approval operation may result in the closure of of the private operator by lowering the requirement from review under § 47129. existing fixed base operators or the level of rates and charges. On the contrary, the provision denial of market entry by potential new Discussion: Before responding to the contemplates that the fees will be operators. comments, it is necessary to discuss a reviewed, with consideration given to Discussion: Under existing FAA judicial decision in a challenge to the whether the fees meet the 65 percent policy, the owner of a public-use airport Rates and Charges Policy that was approval requirement. may elect to provide any or all of the pending when the FAA issued the NPP. The FAA considers the Airport Rates aeronautical services needed by the The Air Transport Association (ATA) and Charges Policy, in particular the public at an airport. The statutory and the City of Los Angeles each first principle and associated guidance, prohibition against exclusive rights does petitioned for judicial review of the and this policy to be consistent with the not apply to these airport owners. They Airport Rates and Charges Policy. Los statutory direction discussed above. The may exercise, but not grant the Angeles challenged the requirement to first principle states the Department’s exclusive right to conduct an use historic cost accounting in preference for direct local negotiation aeronautical activity. Existing policy establishing fees for the use of the between the airport operator and permits airport owners to engage in airfield. The ATA challenged the aeronautical users. This principle these services using only their provisions in the policy that permit the recognizes a generally held industry employees and resources. Delegation or airport operator to: (a) Use any wide practice that produces reasonable subcontracting of the proprietary reasonable method to establish other results. The Airport Rates and Charges exclusive right is prohibited. As a aeronautical fees; and (b) charge Policy was amended to avoid the need practical matter, public agencies imputed interest on the airport for investigation of complaints about the recognize these services are often best operator’s own funds from specified reasonableness of fees set by agreement performed by a profit-motivated private sources invested in the airfield. On if filed by parties to the agreement. enterprise. August 1, 1997, the United States Court However, as we indicated in the Private owners of a public use airport of Appeals issued its opinion, which Airport Rates and Charges Policy, we are currently permitted to exercise vacated an remanded the Airport Rates believe that Congress did not intend to propriety exclusive rights on the same and Charges Policy to the Department. deprive non-signatory carriers of the basis as public agencies. The FAA sees The effect of the opinion on the opportunity to have their fees reviewed no reason to grant a private operator a provisions of that Policy that were not by the FAA, solely because they were lesser right than other operators just challenged is unclear. Even if the effect not a signatory to the original because the operator came into control of the opinion is to vacate the entire agreement. Section 47129 does not, by of the airport under section 47134. policy, it is reasonable to expect that its terms, exempt fees set by agreement However, the FAA may object in readoption of the unchallenged from the requirement of reasonableness. circumstances when the private provisions would not be objectionable. Furthermore a difference in rates operator attempts to exercise a In addition, the provisions of the policy between signatory or non-signatory proprietary exclusive right through most directly related to the privatization carriers is not necessarily a basis for a consortiums, joint or limited pilot program—provisions on airport determination of unreasonable fees. partnerships when the intent is to operator/user consultation, application Interested parties should consult the circumvent the exclusive rights of the policy to fees set by agreement, section, ‘‘Charges to Non-Signatory provision or the limited exception. and allowable rate of return to private Carriers’’ of the OST/FAA Policy on Final Disposition: FAA will review equity owners of airports—were not Airport Rates and Charges for further each request for proprietary exclusive challenged. Therefore, the FAA has details. on a case by case basis. assumed that those provisions continue Final Disposition: The final policy is to be in effect in the discussion of the not modified from the proposal. Reasonable Rates and Charges Imposed comments on this issue. We have made by Airport Operator Reasonable Compensation for the appropriate editorial changes to the text Airport Operator Comments: San Francisco believes the of the procedures to reflect the FAA lack the authority to apply the uncertain status of the Airport Rates and Comments: Several commenters Rates and Charges Policy and that the Charges Policy. voiced concerns about the policy should not be imposed on the The comment that the FAA lacks compensation to the private operator. transferee. It proposes that the FAA authority to apply the Rates and Charges Landrum and Brown suggests that the delete the provision that subject fees Policy to transferees under the pilot rate of return should be subjected to a imposed by the private operator to the program is not supported by the reasonableness test. This should be Policy on Airport Rates and Charges. statutory language authorizing the pilot handled on a case by case basis. San Francisco argues that under the program. Section 149(d) of the Compensation is driven by the ‘‘price’’ rule, airlines already have adequate Reauthorization Act, which established paid for the lease or sale of the airport. protection against unreasonable rates the privatization pilot program, also The State of New York believes and charges. First: 65% of the air included a revision to 49 U.S.C. 47129, agreement between equity owner and carriers must approve the initial the existing statute which requires airport users is most appropriate to agreement in the form of revenue to be adoption of a DOT rates and charges determine charges. Infrastructure retained by the airport sponsor; second, policy and process for adjudication of Management Group suggests that the air carriers must approve all rates and disputes. The new provision directs the FAA should not directly intervene on charges (except for those rate increases Secretary, ‘‘in evaluating the the issue of reasonable rate of return. 48702 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

These issues should be left to the three charges, adversely affect its The State of New York suggests that consenting parties in the privatization membership, which represent many of the FAA should require the parties to process, the airport owner, the private the aviation businesses servicing enter into an agreement that addresses operator and the airlines. The FAA aeronautical users. bankruptcy within the framework of would still have the authority to ACI–NA, AAAE and the State of New existing law. exercise remedying powers under its York support the measure that excludes Landrum and Brown and current Policy on Airport Rates and capital improvements from the 65 Infrastructure Management Group Charges. ATA argues that the private percent air carrier rule. Supporters suggest a reversion to the public sponsor operator’s rate of return must be believe without this provision, few in the event of bankruptcy along with evaluated in light of its impact on user capital improvements would be made. reasonable cure provisions in the fees, within the context of exemptions ACI–NA and AAAE in their joint agreement. The operators or creditors of being proposed under section statement, indicated, ‘‘It would be a facility should be given time to rectify 47134(b)(3). The ATA encourages the simply too easy for carriers taking a the problem before the original public FAA to ‘‘look at all payments in the short-term view of expenses and profits owner steps in. The only lingering issue aggregate, not as individual pieces.’’ to veto an airport’s more long term in such instances is whether and how Discussion: A basic premise for assessment of growing needs for capital the parties must compensate each other. determining the reasonableness of investment.’’ ATA offers a number of options for compensation for the airport operator Discussion: FAA reaffirms its position addressing bankruptcy. These include: must begin with three consenting that the 65 percent air carrier rule (1) The transfer agreement should include an automatic reverter to the parties in the privatization process, the should not apply to new capital public sponsor in the event that the airport owner, the private operator and improvement. As we have stated before, airport ceases operations due to the airlines. As we have indicated, in Congress, in establishing the program, bankruptcy or reorganization (the order to protect the general public expressed an intent to determine if transfer agreement would not be interest, and the interest of airport users private investment could be employed recognized as an executory contract affected by but not a party to the as an alternative funding source. subject to assumption, rejection or agreement, the FAA has a responsibility Applying the 65 percent air carrier rule assignment under Section 365 of the to determine the reasonableness of to new capital investment would give airport fees paid by aeronautical users Bankruptcy Code); (2) FAA required carriers undue power over an airport’s and compensation to the airport contingency plan for sponsor takeover capital improvement program and operator included in those fees. The in defined circumstances; (3) Record as possibly reduce an airport operator’s FAA will examine an airport operator’s an encumbrance on the airport property ability to meet the long term needs of rate of return for reasonableness on a the obligation to operate the property as the market. case by case basis. While we recognize an airport; (4) establish an escrow fund the value of agreement on compensation Carriers are afforded sufficient or bond fund to ensure funds are to the airport operator by all consenting protection by provisions of section available to pay essential costs of parties, the FAA reserves the right to 47134(b)(1)(A)(i) and (ii). This provision operating the airport; (5) Use Chapter 9 ensure that the rate of return charged for of the statute effectively requires the insolvent municipality provisions aeronautical facilities and services consent and participation of the carriers instead of Chapter 11 or 7 for airport meets the applicable reasonableness for the airport sponsor to transfer the bankruptcies. requirements. airport to a private operator. The FAA ATA also suggests that the FAA Final Disposition: The final expects that during this time carrier pursue rigorous auditing of private procedures retain the substance of the concerns and issues will be addressed. operators and impose the requirement proposed procedures. Additionally, tenants and carriers have for financial fitness similar to those the protection of their leases, an imposed by the Department of Carrier Approval of Fee Increases airport’s grant assurances and the Transportation on air carriers. Comments: Landrum and Brown federal requirements for airport rates Discussion: Given the breadth of recommends private operators should and charges. suggestions and divergence of views be allowed rate increases to cover at Final Disposition: The FAA retains there is no consensus on a specific least their cost of capital. The definition the provisions of the draft notice. The requirement. As a part of the exemption of capital improvements should be text is being modified to explicitly state application submittal, the airport clearly stated so that both airlines and the exclusion of fee increases sponsor and private operator should the private operator can assess the attributable solely to capital provide a plan that specifically impact on rates and charges. improvements. addresses the requirements of section ATA and NATA oppose provisions 47134(c)(2). Because it would involve Terms and Conditions To Assure that allow airport fee increases based the application of bankruptcy law, the Continued Operation in the Event of solely on new capital investment plan should include legal justification Bankruptcy or Insolvency without approval of 65 percent of the and a legal opinion. The proposed airport’s air carriers. Both suggest that Comments: AGI believes that existing approach will assure continued all capital improvement resulting in fee Federal bankruptcy laws are adequate to operation of the airport in the increases should be subject to air carrier handle leased facilities. Title 11 U.S.C. circumstances specified in section approval. ATA argues that the 365(d)(3) (1995) was originally enacted 47134(c)(2). FAA reserves the right to provisions allow the proposed private to protect a lessor of commercial realty modify, or totally reject the plan and operator to make unnecessary in the event that the tenant seeks require the airport operator to submit a investments for the sole purpose of bankruptcy protection and performance new plan. increasing their rate of return, exempt of the contract is essential. This section Final Disposition: The FAA will from the revenue retention requires the trustee to meet the tenant’s revise the application procedures to requirements. NATA believes that this obligations under the contract. AGI require the public sponsor and private automatic approval of capital argues that these provisions could apply operator to specifically address the improvements will raise rates and to operators of leased airports. requirements of section 47134(c)(2). Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48703

Terms and Conditions To Assure innovative financial arrangements. The airport operating certificate and comply Capital Investment and Improvements FAA and the public have a reasonable with Part 107 airport security by the Airport Operator expectation that a private operator will requirements at facilities where Comments: San Francisco questioned provide new capital and create new appropriate. Existing certificates held by whether FAA has the legal authority to investment opportunities at the airport. the public operator are not transferable. require that the private operator ‘‘exceed A comparison of the public sponsor’s Private operators will be required to or accelerate’’ the public sponsor’s five-year CIP with the private operator’s demonstrate their fitness for approval in capital improvement plan (CIP). While CIP will be useful in evaluating the the same manner that public operators private operator’s commitment. The San Francisco recognizes that offering are presently required to comply. For example of exceeding or accelerating the such a five year CIP is one method of general aviation airports, we will expect public sponsor’s most recent five year ensuring sufficient private investment, the private operator to provide the same CIP is only one of several examples of it suggests that this not be a requirement level of safety and security as required means that a private operator can use to for obtaining FAA approval. FAA of the public sponsor under the existing assure a sufficient minimum investment should make it clear that the private grant obligations. of the private operator’s funds. The FAA operator’s CIP does not have to exceed Final Disposition: The FAA believes will not, however, require the private or accelerate the public sponsor’s CIP. that existing airport procedures and operator’s commitment to do so. Such a requirement may decrease the practices are adequate to ensure tenant The final procedures do not identify and employee input on safe airport attractiveness of private investment, a predetermined level of investment. when the public sponsor has made high operating practices and conditions. The Rather, the private operator is required application procedures are modified to investments in the airport prior to to provide an assurance that the privatization. San Francisco believes encourage the private operator to operator will provide sufficient maintain the public sponsor’s existing that the air carriers will effectively resources of its own funds in ensure that the private sector will invest mechanisms for communicating with conjunction with other financial airport users and the public on safety sufficient amounts in capital projects. resources for carrying out the FAA should exercise its role concerning and security issues. No other maintenance, improvements and modifications have been made. capital investment on a case by case modernization of the facility as required basis without a predetermined level of by the statute. This should be Terms and Conditions Relating to Noise investment. accomplished on an annual basis with Mitigation ACI–NA and AAAE support the documentation provided showing the Comments: The National Organization procedural provisions that require the source of all funds. transfer agreement to include a to Insure a Sound Controlled One commenter suggested that the Environment (NOISE), in their provision to assure the airport operator private operator should be required to will maintain, improve and modernize comments, asked several questions submit a master plan for FAA approval regarding the application procedures. the airport facilities as specified in the along with the five year CIP. While there CIP and subsequent updates. First, NOISE wants to know if the terms is not requirement for a master plan and conditions of existing grants Landrum and Brown suggests that the development, we would expect all private operator should be required to applicable to noise mitigation will be a capital development to be performed in part of the obligations of the private submit a master plan for FAA approval accordance with the airport sponsor’s along with the five year CIP. operator; Second, will the new airport grant assurances. owner be obligated to comply with the ATA raises concerns that the Final Disposition: The application determination of the existing Part 150 requirement to implement a five year procedures are modified as discussed. program could lead to inefficient Noise Compatibility Plan. Third, will expenditures of funds for capital Terms and Conditions Relating to Safety notice of the proposed sale of the airport projects. They recommended the FAA and Security be served on local jurisdictions that require purchaser/lessor to provide Comments: Both the Air Line Pilots surround the airport or that are located annual documentation showing sources Association and the Transportation a specified distance from the airport of funds for the projects to be Trades of AFL–CIO recommend that within a certain number of miles, or implemented in next 12 months private operators should conduct public within a specified DNL noise contour. including, if applicable, information on hearings on safety and operational NOISE’s concern is that Federal borrowed money and proposed means considerations at the specific airport Register notification may be insufficient of repayment of borrowed funds. with an opportunity for input by to reach many small communities. BAA USA is concerned that the representatives of aviation employees. It Finally, NOISE would like to see a requirement of a ‘‘reasonable rate of was also suggested that private public hearing in the airport community return’’ may prove to be a source of operators conduct monthly or bi- before an exemption is granted. controversy and generate wasteful monthly safety meetings. AGI indicates that the statute limits capital expenditure. Airport operators Discussion: Such mechanisms as AIP grant funding to 40% Federal share could be induced to spend more on tenant advisory committees and airport at section 47134 airports. The capital projects, just to extend the scope safety and security meetings are basic procedures are unclear as to whether the of the ‘‘reasonable rate of return’’. management tools for ensuring a safe reduced Federal share applies to both AGI believes that the public sponsor and secure airport. We expect all new applications and projects approved has the greatest incentive to ensure the airports, depending on their level of but not funded. private operator’s CIP is sufficient for activity, degree of complexity and Discussion: Standard grant assurance the needs of the airport. regardless of whether they are privately No. 5 requires a transferee approved by Discussion: In enacting the airport or publicly operated to have some the Secretary to assume all of the terms, privatization pilot program, it was the program for addressing the safety and conditions and assurances contained in intent of Congress to determine if new security needs of the airport. the sponsor’s grant agreement. These investment and capital from the private As we have indicated, we will require requirements are inserted in the contract sector can be attracted through private operators to obtain a Part 139 or document transferring the sponsor’s 48704 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices interest, and become binding upon the construing statutory language. We will available. The FAA should retain transferee. not further define ‘‘unfair and deceptive discretion to take appropriate action. In reviewing a request for transfer, the practices’’ or ‘‘unfair methods of ACI–NA and AAAE request that FAA will consider whether a proposed competition’’ in the procedures. Ample revocation procedures should be crafted private operator under a privatization guidance on this subject can be found in in such a way that they are not an pilot project will assume the obligations agency and court decisions interpreting impediment to the bond issuing ability of the original sponsor under existing section 411 of the Federal Aviation Act of the airport sponsor. The grant agreements or deeds, and whether of 1958, as amended, 49 USC 41712 and Transportation Trades Department of the new owner has the powers and § 5 of the Federal Trade Commission the AFL–CIO suggests that the FAA authority to fulfill its obligations under Act, 15 USC 16. However, to assist in consider revocation procedures for the assurances. The FAA would expect making this determination, the final termination of the program when a private operator to assume any procedures are being modified to privatization has been found to be existing Part 150 noise mitigation require information on any findings that contrary to the public interest. program for the airport to the extent the private operator or key personnel Discussion: The FAA did not propose applicable to a private firm. However, have engaged in unfair or deceptive to require reversion to the public we note that under Part 150, practices or unfair methods of sponsor in the event of default or implementation of approved noise competition, or are the subject of violation of the exemption conditions, mitigation measures is voluntary. pending investigations. as a condition of granting an exemption, With respect to the request for a Protection of General Aviation Interests and the final procedures do not add a public hearing, as we previously requirement for reversion. However, the indicated, we encourage airport Comments: AOPA recommended that application must provide for continued sponsors to actively solicit public each private operator should operation of the airport and compliance specifically address in the application comment. However, we do not intend to with other obligations in the future how proposed changes at the airport dictate to airport sponsors a single under all foreseeable circumstances. will impact general aviation. method for conducting public outreach. The provisions will vary according to We believe public outreach should be Discussion: Congress intended that general aviation users not be adversely the circumstances of the airport conducted at the local level and in privatization proposed. For example, accordance with applicable state and impacted as a result of the transfer of the airport from public to private where a public sponsor does not operate local laws. any other airports and will no longer On the subject of the applicability of operation. This is demonstrated by the maintain a capability to assume reduced Federal share for AIP funded provisions in the statute governing fee operation of an airport on short notice, projects, it makes no difference whether increases, section 47134(c)(5) and the the applicants may provide means other the application is pending or in protection of general aviation interests, than reversion to the former public preparation. If a grant of discretionary section 47134(f). In order for the FAA to sponsor as a first recourse for correction funds is approved by the FAA prior to fulfill its responsibility under the of problems in the private operation of the airport sponsor being granted an statute, we would expect to see what the airport. exemption under section 47134, the actions the airport sponsor and private conventional Federal share would be operator plan to take to comply with the The FAA is aware of effect that the used, even if the project is not requirements of these provisions. At a potential enforcement action, even if the completed at the time of the transfer. minimum, we would expect to see how probability is very small, can have on Any grant of discretionary funds the proposed changes in the the predictability of a future revenue executed after the transfer would be at management and operation of the stream for purposes of determining the Federal share of 40% for allowable airport would affect general aviation investment risk. As the ACI–NA and project costs. users. Additionally, we would expect to AAAE comments noted, the FAA has Final Disposition: No modification is see some effort by the airport sponsor developed enforcement procedures for required to address the concerns of the and private operator to undertake passenger facility charge (PFC) commenter. reasonable consultations with affected collection requirements that permit parties using the airport. The underwriting of bond issues based on Unfair Competition Finding requirements of this section could also PFC collections alone. While the FAA Comments: AGI wanted to know what be addressed by providing a description does not intend to prescribe separate constitutes ‘‘unfair and deceptive of the operator’s plans for the procedures for agency enforcement of practices’’. The concept is not defined. development of general aviation. grant assurances and exemption The commenter suggests the standard Final Disposition: The application conditions involved in a privatization for ensuring reasonable access without procedures will be revised to request project, we can give assurance that in unjust discrimination replace the that the applicant private operator the unlikely event any enforcement ‘‘unfair and deceptive practice’’ provide information on its plans for action was necessary in such a case, the standard. consulting and communicating with the agency will be sensitive to the financial Discussion: The statute permits the general aviation users regarding the commitments and covenants associated FAA only to approve an application, if planned privatization of the airport, and with the financing of the project. the approval will not result in unfair on the applicants’ projections of the Moreover, by requiring a three-way and deceptive practices or unfair impact of the proposal on general agreement or the inclusion of third- methods of competition. While there aviation. party beneficiary rights for the FAA as may be some overlap between this part of the original transaction, the FAA standard and the standard of reasonable Revocation Procedures has provided means for limited, targeted access without unjust discrimination, Comments: Several commenters argue correction of deficiencies without the FAA is not prepared to treat the that the FAA should not require relying on the revocation for the standards as identical. Doing so would automatic reversion of the airport to the underlying exemption. make one of the standards meaningless. public sponsor. Automatic reversion Termination of the pilot program, as This outcome should be avoided in should be one of many options opposed to action to correct deficiencies Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48705 in a specific privatization project, is not 3. Participation in the program is selected a private operator and reached within the FAA’s authority. limited to five airports. The maximum substantial agreement on the terms of Final Disposition: As discussed of five participants in the program will the privatization transaction. If an previously, the FAA will require the be considered to have been reached application cannot reasonably be parties to provide third party based on applications under review, not brought into compliance with the beneficiary rights to the FAA or to exemptions granted, so that an airport requirements of section 47134 and other execute tripartite agreements. These with an application on file will not be applicable Federal statutes with current remedial options in addition to in a race for inclusion in the program. information in accordance with the time revocation will assure that the FAA’s A standby list will be established for schedule submitted during the compliance program is effective. airports not selected. preliminary application, the FAA will 4. An application received by the notify the applicant that the application Administration of AIP Grants FAA will be considered to be filed on is rejected and that the application is no Comments: The State of New York, the date received. Application packages longer on file. The applicant may file a Landrum and Brown, and AGI argue will be date-stamped on receipt in Room new application at any time, and receive that the system of prioritization of 600 East, FAA headquarters building. a new ‘‘on file’’ date at that time. discretionary AIP funds should The FAA will not determine order of 11. The FAA will publish in the continue to make no distinction filing based on the time of day received. Federal Register, a notice of receipt of between public or private airports. If multiple applications are received on the final application, establish a docket, Projects should be selected solely on the same day, their order of filing will and accept public comment on the their merits. be determined by public lottery rather application for a period of 60 days. Final Disposition: Discretionary AIP than by time of day received. Selection as one of the 5 airports eligible funds will be awarded in accordance 5. FAA will review the application to to participate in the program will be with existing policy on priority of determine if it meets the procedural evidenced by the issuance of an projects. Private ownership per se will requirements stated in this notice. exemption under section 47134(b). If an not affect grant priority or eligibility, but 6. The FAA will accept preliminary application is approved, an exemption the FAA will continue to consider the applications filed before the applicant will be issued after the execution of all availability of other sponsor resources has commenced the procurement documents necessary to fulfill the and the sponsor’s use of available funds process for the selection of an operator. requirements of section 47134 and other in granting applications for The preliminary application must laws and regulations within the FAA’s discretionary grants. contain the information listed under the jurisdiction (e.g., issuance of a Part 139 section titled ‘‘Contents of certificate to the private operator; FAA Process for Applying for an Exemption Applications’’. The FAA will notify approval of a security program under Under § 47134 applicants of its decision on the Part 107). FAA representatives will be Exemption Application and Review acceptance of the application for review available to meet with parties interested Process: Overview within thirty days of the filing of the in an airport privatization project both preliminary application. before and after the filing of a The FAA will apply the following 7. If the preliminary application meets preliminary application for exemption policies and procedures for filing and the procedural requirements described to discuss the Federal statutory review of requests for privatization of a in this notice, the applicant will be requirements and policies that apply to public airport under 49 U.S.C. 47134: notified that the application is applications under section 47134. 1. A request for participation in the ‘‘accepted for review.’’ The FAA may airport privatization pilot program will request additional information before Filing an Application be initiated by the filing of a accepting the application for review, but 1. Applicants must submit one preliminary application for exemption the original filing date will remain in original application package and four under section 47134(a). A public effect. The applicant is authorized to copies containing the information sponsor may also elect to file a final select a private operator, negotiate an described under ‘‘Content of application without the prior filing of a agreement and submit a final Applications’’ in this notice to: Susan L. preliminary application, if the public application to the FAA. Kurland, Associate Administrator for sponsor has selected a private operator. 8. If the preliminary application does Airports, ARP–1, Room 600 East, 2. With the exemption noted below, not meet the procedural requirements Federal Aviation Administration, 800 preliminary and final applications for described in this notice, and cannot be Independence Avenue, SW., exemption will be accepted on or after brought into compliance with those Washington, DC 20591. December 1, 1997, and will be handled requirements with information 2. All preliminary and final on a first-come first-served basis until requested by the FAA during its 30-day applications may be delivered or the limits of section 47134 are reached. review, the preliminary application will mailed, but will not be considered to be An otherwise qualifying preliminary be rejected. The FAA will notify the ‘‘on file’’ with the FAA until received application for exemption will be applicant that the application is rejected and date stamped in the Office of the accepted before December 1, 1997, if the and that the application is no longer on Associate Administrator for Airports, sponsor has issued, on or before the date file. The applicant may file a new Room 600 East. of publication of this notice, a formal application at any time, and receive a 3. There is no required form for an solicitation or request for proposals for new ‘‘on file’’ date at that time. application. However, the application the sale or lease of an airport, but has 9. The FAA will publish in the package must be submitted with a cover not selected an operator. If the sponsor Federal Register a notice that a letter, signed, in the case of the has selected the operator on or before preliminary application has been preliminary application, by appropriate the date of publication of this notice, the received under 49 U.S.C. 47134, and officials of the current public sponsor or FAA will accept only a final application that the FAA has accepted the in the case of the final application, before December 1, 1997. All application for review. jointly by appropriate officials of the applications will be evaluated in the 10. Applicants may file a final current public sponsor and the private order of receipt. application after the public sponsor has operator proposing to buy or lease the 48706 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices airport, requesting an exemption Part I. Parties to the Transaction operator for purchase payment or initial pursuant to 49 U.S.C. 47134 for the A. Name of the airport proposed for and future lease payments. purpose of the privatization of an sale or lease. Projected impact of the initial airport. Please title each section B. Name and address of the public transaction on the fee structure for according to the appropriate sections of sponsor of the airport; name, address, charges to airport users. the application. Officials signing for the telephone number and fax number of Projected impact of future purchase or public sponsor must provide evidence the person to contact about the lease payments to the public sponsor on of their authority to file the application. application. the fee structure for charges to airport Contents of the Preliminary Application C. Name and address of the private users. operator proposing to purchase or lease Other relevant financial terms of the The preliminary application should the airport; name, address, telephone transfer. consist of: number and fax number of the person to C. Copies of all documents executed 1. As much of the information contact about the application. as part of the transfer, to be provided as required by Part I, ‘‘Parties to the D. If the private operator proposing to they are executed or are in sufficiently Transaction,’’ for the Final Application, purchase or lease the airport is a final form to indicate the substantive as is available. partnership, jointly venture, or other nature of the expected final document. 2. Summary narrative of the objectives consortium of multiple interests, the D. If applicable, a request for of the privatization initiative; what the name and address of each of the confidentiality of any particular public sponsor wants to accomplish by participating members. document or information submitted, the solicitation. E. Citizenship of the private operator 3. A description of the process and a with supporting information. and/or each member of the private reasonable, realistic timetable to be E. Provisions in document conferring operator consortium, and percentage of employed in selecting an operator and third party beneficiary rights on behalf interest of each such member. completing transfer of the airport. This of the FAA to enforce key obligations, F. A statement of the public sponsor’s should include the identification of all or the alternative tripartite agreement authority to sell or lease the airport, local approvals and the time frame among the FAA, the public sponsor and with a citation to legal authorities. when the FAA can anticipate the final the private operator giving the FAA the application will be submitted for Part II. Airport Property right to enforce directly against the review. private operator key obligations A. A description if the airport contained in AIP grant agreements and 4. All of the information required by property to be transferred. Applications Part II. ‘‘Airport Property,’’ from the the assurances required by Section should describe property in sufficient 47134.. Final Application detail to identify the parcels of property 5. Financial statements including and facilities to be transferred; a map Part IV. Qualifications of the Private balance, income and cash flow and a legal description of the property Operator statements for the last two reporting may be included but are not required. A. Complete description of airport periods. B. A history of the acquisition of 6. A distribution ready copy of the management and operations experience. existing airport property: applicants The identity, experience, expertise and request for proposals for the should include information on grants, management and operation if the airport responsibility of key personnel. A types of deeds, the dates and means of description of the facilities and airports under section 47134. The document conveyance, e.g. Surplus Property Act should contain references to this notice presently being managed by the other Federal conveyance of donated company, both domestically and and the nine statutory objectives listed property, parcels purchased with in section 47134(c). internationally. If the private operator is Federal funds and parcels purchased a newly formed entity, describe the The Final Application with only local funds. experience of the constituent members The following statements and Part III. Terms of the Transfer and the proposed management structure information must be included in the to integrate operations functions. A. A detailed description of the terms final application. The FAA realizes that B. Financial resources for operating/ of the transfer, other than financial, some documents, figures, and other capital expenses of the airport. Copies of including: the 10K annual reports filed in the past information will not be available until The form of the transaction (sale, 3 years with the Securities and shortly before the execution of the lease, other); transfer transaction. The final Term of the lease or other transfer Exchange Commission, if not filed, application must be filed after the agreement; balance sheet and income statement public sponsor has selected a private Description of any rights, authority, or prepared in accordance with Generally operator and reached sufficient interests retained by the public sponsor, Accepted Accounted Principles, with all agreement with the operator on the including reversion of title to facilities; footnotes applicable to the financial terms of the transaction to represent If the private operator is a consortium, statements. these terms in an application. The FAA a description of the respective rights C. Timing/details of application for will not require that all information and responsibilities of each member; Part 139 certificate, if applicable. listed below be provided at the time of B. Financial terms of the transaction: D. Plan for compliance with Part 107, the application, however. For each item Amounts and timing of payments to if applicable. below for which information is not public sponsor. E. A description of the private available, the applicant may substitute a Amounts of payments to sponsor to be operator’s capability of complying with description of the expected response used, respectively, for airport purposes the public sponsor’s existing grant and the date by which the final (including recoupment of public assurances, including the assurance of information will be available. sponsor investments not previously compatible land use around the airport; Information not provided with the recovered) and other purposes. the protection of navigation aids, application should be submitted to the Financial arrangements, including approach lights, runway safety areas, FAA as soon as it becomes available. source of the funds used by the private and runway protection zones; and the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48707 continuation and extension of aviation airport under authority of 14 CFR Part (CIP) and the 5-year CIP proposed by the easements. 135 that have a lease and/or use private operator. Applicants should F. Affiliations with air carriers or agreement at the airport and that have identify the sources of funds to be used other persons engaged in aeronautical at least one aircraft used in Part 135 for capital development, including any business activity at an airport (other operations based at the airport; but continuing contributions by the public than airport management). excluding any carrier that is not sponsor. If funds are to be borrowed, G. A description of all charges of currently serving the airport or that has applicants should identify the expected unfair or deceptive practices or unfair responded to a solicitation or submitted sources, anticipated repayment terms of methods of competition brought against a proposal to serve as a private operator any borrowed funds, and the source of the private operator, private operator’s or participate in a private operator revenue to be used for repayment. key personnel and in the case of a consortium at that airport; (2) a list of Applicants should also include any private operator that is a joint venture, the air carriers that have approved the financial security provisions, such as a partnership or other consortium, the exemption; (3) the total landed weight letter of credit or performance bond, for separate members of the entity in the of all operations by air carriers listed the accomplishment of the maintenance, past 10 years. The description should under VI.B.1 above at the airport for the improvement, and modernization include the disposition or current status preceding year; (4) the total landed projects committed to by the private of each such proceeding. weight of each air carrier listed under operator. 5. Compliance with the limitations on Part V. Requests for Exemption VI.B.1 above that has approved the exemption; and (5) a list of carriers air carrier fees, pursuant to section A. Describe the specific exemption serving the airport in the previous or 47134(c)(4), not imposed for funding of requested by the public sponsor under current year but excluded from the list new capital development undertaken 49 U.S.C. 47134(b)(1), from the in VI.B.1, with the reason for exclusion. after the transfer to the private operator. prohibition on use of airport revenue for C. Provide a copy of each document 6. Compliance with the limitation on general purposes, including the amount indicating air carrier approval of or general aviation fees described in of funds involved. The description objection to the exemption requested. section 47134(c)(5). should include sale or lease proceeds as D. Provide a description of 7. Maintenance of safety and security well as funds in existing airport consultation with foreign air carriers at the airport, in accordance with accounts that would be transferred to serving the airport on proposals for air section 47134(c)(6). The application general accounts. carrier approval under 49 U.S.C. should note the applicant’s contacts B. Describe the specific exemption 47134(b)(1)(A). with the Airports District Office on Part requested by the public sponsor under 139 and the Office of Aviation Security 49 U.S.C. 47134(b)(2), from the Part VII. Airport Operation and on Part 107, but does not need to requirement to repay Federal grants Development duplicate information filed in funds or return property. A. Provide a description of how the connection with those actions. The C. Describe the specific exemption private operator, the public sponsor, or application should include planned requested by the private operator under both will address the following issues efforts by the private operator to 49 U.S.C. 47134(b)(3), from the with respect to the operation, maintain the public sponsor’s existing prohibition on use of airport revenue for maintenance, and development of the mechanisms for communicating with general purposes. The description airport after the proposed transfer. airport tenants and users and the public should include the anticipated amount 1. Part 139 certification. A request for on safety and security issues. of airport revenue to be used for Part 139 certificate should be filed with 8. Mitigation of adverse effects of compensation of the private operator, the local FAA regional Airports noise from airport operations, in the source of airport funds involved, Division. The exemption application accordance with section 47134(c)(7). and a description of the effect, if any, on needs only to reflect the private The applicant should specifically air carrier or other aeronautical user operator’s intentions and the status of a describe its intentions with respect to an fees. certificate application, if applicable. existing or future Part 150 noise 2. Continuing access to the airport on compatibility program for the airport, Part VI. Certification of Air Carrier fair and reasonable terms and without with respect to the public sponsor’s Approval unjust discrimination, in accordance commitments under past records of A. Provide a certification that air with section 47134(c)(1). decisions on airport development carriers meeting the requirements of 49 3. Continued operation of the airport projects, and other measures the private U.S.C. 47134(b)(1)(A) approve the in the event of bankruptcy or other operator intends to take in the future. exemption described in Part V.A. above. financial or legal impairment of the 9. Mitigation of adverse effects on the B. Provide (1) a list of all U.S. air private operator, in accordance with the environment from airport operations, in carriers serving the airport, to include specific terms of section 47134(c)(2). accordance with section 47134(c)(8). all carriers conducting operations at the The application should include any 10. Recognition that section airport under authority of 14 CFR Part provision for reversion to the public 47134(c)(9) provides that any collective 121 that have a lease and/or use sponsor. The application should include bargaining agreement that covers agreement at the airport or that a legal opinion and certification that the employees of the airport and is in effect conducted at least 50 flights under such proposed plan will be effective under on the date of the sale or lease of the authority in the preceding calendar operation of all applicable law, airport will not be abrogated by the sale year; all carriers conducting operations including but not limited to bankruptcy or lease. at the airport as a commuter air carrier law, in assuring the continued operation 11. The private operator’s intentions within the meaning of 14 CFR Part 298 of the airport. regarding consultation with general that have a lease and/or use agreement 4. Maintenance, improvement, and aviation users regarding the planned at the airport or that conducted at least modernization of the airport, in privatization of the airport, and the 50 flights under such authority in the accordance with section 47134(c)(3), projected effect on general aviation of preceding calendar year; and all including the public sponsor’s most the proposed changes in operation and operators conducting operations at the recent 5-year capital improvement plan management of the airport. 48708 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

12. Private operator’s plans (if known) ADDRESSES: The meeting will be held at DEPARTMENT OF TRANSPORTATION for development of general aviation. the Tysons Westpark Hotel, 8401 B. The private operator’s acceptance Westpark Drive, McLean, Virginia. National Highway Traffic Safety Administration of the grant assurances contained in the SUPPLEMENTARY INFORMATION: This public sponsor’s grant agreements with notice provides the agenda for the [Docket No. 97±058; Notice 1] the FAA. Assurance 25 need not be eighteenth in a series of public meetings addressed. In addition, either (1) the General Motors; Receipt of Application to provide detailed information about applicants’ agreement that the grant for Decision of Inconsequential NHTSA’s research and development assurances and the assurances required Noncompliance for granting an exemption under section programs. This meeting will be held on September 17, 1997. The meeting was General Motors Corporation (GM) of 47134 create third-party beneficiary Warren, Michigan, has determined that rights enforceable by the FAA in an announced on August 8, 1997 (62 FR 42852). For additional information some of its 1997 model Chevrolet administrative or judicial legal Corvettes fail to meet the requirements proceeding, or (2) a proposed tripartite about the meeting consult that announcement. of Federal Motor Vehicle Safety agreement among the FAA, the private Standard (FMVSS) No. 124, operator and the public sponsor Starting at 1:30 p.m. and concluding ‘‘Accelerator Control Systems,’’ and has granting to the FAA the right to enforce by 5:00 p.m., NHTSA’s Office of filed an appropriate report pursuant to directly against the private operator the Research and Development will discuss 49 CFR Part 573, ‘‘Defects and grant assurances and the assurances the following topics: Noncompliance Reports.’’ GM has also required for granting an exemption Summary of Research Activity on 5th- applied to be exempted from the under section 47134. notification and remedy requirements of C. Provide a description of the parties’ Percentile, 3-Year-Old, and 6-Year- Old Dummies, 49 U.S.C. Chapter 301—‘‘Motor Vehicle efforts to consult with airport users Safety’’ on the basis that the about the proposed transaction and of Status of Research on Restraint Systems noncompliance is inconsequential to the parties’ community outreach efforts. for Rollover Protection, motor vehicle safety. Part VIII. Periodic Audits Improved Frontal Crash Protection— This notice of receipt of an Update on National Automotive application is published under 49 Section 47134(k) provides that the Sampling System (NASS) Analysis, U.S.C. 30118 and 30120 and does not FAA may conduct periodic audits of the represent any agency decision or other Vehicle Aggressivity and Fleet financial records and operations of an exercise of judgment concerning the airport receiving an exemption under Compatibility, and merits of the application. the pilot program. Applicants should Special Crash Investigations Studies of In FMVSS No. 124, Paragraph S5.2 indicate their express assent to this Air Bag Cases. requires the throttle to return to idle provision in the application. position within the time limits specified NHTSA has based its decisions about Issued in Washington, DC, on September 9, in S5.3, whenever any component of the the agenda, in part, on the suggestions accelerator control system is 1997. it received by August 21, 1997, in Susan L. Kurland, disconnected or severed at a single response to the announcement point. S5.3 requires return to idle within Associate Administrator for Airports. published August 8, 1997. 3 seconds for any vehicle exposed to [FR Doc. 97–24430 Filed 9–15–97; 8:45 am] As announced on August 8, 1997, in temperatures of 0 degrees to ¥40 BILLING CODE 4910±13±M the time remaining at the conclusion of degrees F (¥18 degrees to ¥40 degrees the presentations, NHTSA will provide C). During the 1997 model year, GM DEPARTMENT OF TRANSPORTATION answers to questions on its research and development programs, where those produced 9,500 Chevrolet Corvettes National Highway Traffic Safety questions have been submitted in which may not comply with FMVSS No. Administration writing by September 3, 1997, to 124. The vehicles’ accelerator pedal Raymond P. Owings, Ph.D., Associate module assembly may not return to idle Research and Development Programs Administrator for Research and condition within the required time. GM supports its application for Meeting Agenda Development, NRD–01, National inconsequential noncompliance with Highway Traffic Safety Administration, AGENCY: National Highway Traffic the following: Safety Administration, DOT. Washington, DC 20590. Fax number: The Chevrolet Corvette employs an 202–366–5930. electronic throttle control which adjusts ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Rita the throttle position based on input from the accelerator pedal position. The SUMMARY: This notice provides the I. Gibbons, Staff Assistant, Office of accelerator pedal is equipped with three agenda for a public meeting at which Research and Development, 400 springs, any two of which are capable of the National Highway Traffic Safety Seventh Street, S.W., Washington, DC returning the pedal to rest position. Administration (NHTSA) will describe 20590. Telephone: 202–366–4862. Fax Once this occurs, the throttle returns to and discuss specific research and number: 202–366–5930. idle position approximately 0.2 seconds development projects. Issued: September 11, 1997. later. A test run in early May, however, DATES AND TIMES: As previously Raymond P. Owings, raised a question about the ability of the announced, NHTSA will hold a public Associate Administrator for Research and pedal assembly to return at low meeting devoted primarily to Development. temperatures. presentations of specific research and [FR Doc. 97–24648 Filed 9–15–97; 8:45 am] GM believes that the failure of the development projects on September 17, pedal assembly to meet the throttle BILLING CODE 4910±59±P 1997, beginning at 1:30 p.m. and ending closing time requirements of FMVSS at approximately 5:00 p.m. No. 124 at extremely low temperatures Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48709 is inconsequential to motor vehicle Interested persons are invited to and (2) they are capable of being readily safety for the following reasons. submit written data, views, and altered to conform to the standards. 1. Vehicle Controllability—In the arguments on the application of GM DATES: The closing date for comments unlikely event that all of the described above. Comments should refer on the petition is October 16, 1997. prerequisites necessary for the to the docket number and be submitted ADDRESSES: Comments should refer to noncompliance occurred—that is, a to: Docket Section, National Highway the docket number and notice number, return spring was disconnected or Traffic Safety Administration, Room and be submitted to: Docket Section, severed on a pedal assembly with 5109, 400 Seventh Street, SW, Room 5109, National Highway Traffic residual oil, and the vehicle soaked at Washington, DC 20590. It is requested Safety Administration, 400 Seventh St., ambient temperatures below 32 degrees but not required that six copies be SW., Washington, DC 20590. [Docket C—the vehicle would continue to be submitted. hours are from 9:30 a.m. to 4 p.m.] controllable both by the service brakes All comments received before the and as a result of the Brake Torque close of business on the closing date FOR FURTHER INFORMATION CONTACT: Management System. indicated below will be considered. The George Entwistle, Office of Vehicle 2. Reliability of the Accelerator application and supporting materials, Safety Compliance, NHTSA (202–366– Springs—The condition which is the and all comments received after the 5306). subject of GM’s noncompliance decision closing date, will also be filed and will SUPPLEMENTARY INFORMATION: can only occur if one of the return be considered to the extent possible. springs is severed or disconnected. The When the application is granted or Background springs in the Corvette pedal assembly, denied, the notice will be published in Under 49 U.S.C. 30141(a)(1)(A), a however, have extremely high reliability the Federal Register pursuant to the motor vehicle that was not originally and are not likely to fail in the real authority indicated below. manufactured to conform to all world. applicable Federal motor vehicle safety 3. Condition Requires Extreme Comment closing date: October 16, 1997. Temperatures; Pedal Assembly Warms (49 U.S.C. 30118 and 30120; delegations of standards shall be refused admission Quickly—As mentioned above, the root authority at 49 CFR 1.50 and 501.8) into the United States unless NHTSA cause of the noncompliance condition is Issued on: September 9, 1997. has decided that the motor vehicle is the residual oil on the pedal assemblies L. Robert Shelton, substantially similar to a motor vehicle originally manufactured for importation congealing below ¥32 degrees C. Associate Administrator for Safety Testing at temperatures above that level Performance Standards. into and sale in the United States, certified under 49 U.S.C. 30115, and of resulted in full compliance with the [FR Doc. 97–24568 Filed 9–15–97; 8:45 am] the same model year as the model of the FMVSS No. 124 time limits for all pedal BILLING CODE 4910±59±P assemblies tested. Therefore, the motor vehicle to be compared, and is ambient temperatures required for the capable of being readily altered to possibility of this noncompliance to DEPARTMENT OF TRANSPORTATION conform to all applicable Federal motor exist are severe. Even if a vehicle with vehicle safety standards. a disconnected return spring soaked National Highway Traffic Safety Petitions for eligibility decisions may under the necessary harsh conditions Administration be submitted by either manufacturers or importers who have registered with for a sufficient time to congeal the [Docket No. 97±60; Notice 1] residual oil, the potential for the NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA noncompliance to occur would exist for Notice of Receipt of Petition for publishes notice in the Federal Register only a short time, because the pedal Decision that Nonconforming 1991 of each petition that it receives, and assembly would warm up quickly with through 1996 Lexus SC300 and SC400 affords interested persons an activation of the vehicle heating system. Passenger Cars Are Eligible for opportunity to comment on the petition. 4. Condition is Self-correcting— Importation Durability testing indicates that the At the close of the comment period, condition improves with wear. Bench AGENCY: National Highway Traffic NHTSA decides, on the basis of the testing was conducted on five Safety Administration, DOT. petition and any comments that it has production pedal assemblies with poor ACTION: Notice of receipt of petition for received, whether the vehicle is eligible return times. The pedals on these decision that nonconforming 1991 for importation. The agency then assemblies were cycled at room through 1996 Lexus SC300 and SC400 publishes this decision in the Federal temperature. Since the vast majority of passenger cars are eligible for Register. driving is done with a only limited importation. G&K Automotive Conversion, Inc. of pedal movement, each cycle consisted Santa Ana, California (‘‘G&K’’) of a 10% application of pedal travel. SUMMARY: This notice announces receipt (Registered Importer 90–007) has Every 2,000 cycles the pedal return at by the National Highway Traffic Safety petitioned NHTSA to decide whether (¥40 degrees C) was checked. The Administration (NHTSA) of a petition 1991 through 1996 Lexus SC300 and results, shown in Figure 5 [of the for a decision that 1991 through 1996 SC400 passenger cars are eligible for application], indicate that most pedals Lexus SC300 and SC400 passenger cars importation into the United States. The will return within the specified time that were not originally manufactured to vehicles which G&K believes are limit after 10,000 cycles, and all pedals comply with all applicable Federal substantially similar are the 1991 will easily meet the time limits after motor vehicle safety standards are through 1996 Lexus SC300 and SC400 15,000 cycles. eligible for importation into the United passenger cars that were manufactured 5. Warranty Data—GM has reviewed States because (1) They are substantially for importation into, and sale in, the recent warranty data for the 1997 similar to vehicles that were originally United States and certified by their Corvette, as well as complaint data. We manufactured for importation into and manufacturer, Toyota Motor are unaware of any data suggesting the sale in the United States and that were Corporation, as conforming to all subject condition is a real world safety certified by their manufacturer as applicable Federal motor vehicle safety issue. complying with the safety standards, standards. 48710 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices

The petitioner claims that it carefully Standard No. 118 Power Window DEPARTMENT OF TRANSPORTATION compared the non-U.S. certified 1991– Systems: rewiring of the power window 1996 Lexus SC300 and SC400 passenger system so that the window transport is National Highway Traffic Safety cars to their U.S. certified counterparts, inoperative when the ignition is Administration and found the vehicles to be switched off. [Docket No. 97±039; Notice 2] substantially similar with respect to Standard No. 203 Impact Protection compliance with most Federal motor for the Driver From the Steering Control Decision that Nonconforming 1990± vehicle safety standards. System: installation of a driver’s side air 1996 Toyota Landcruiser Multi- G&K submitted information with its bag and knee bolster identical to those Purpose Passenger Vehicles are petition intended to demonstrate that installed on the vehicles’ U.S.-certified Eligible for Importation the non-U.S. certified 1991–1996 Lexus counterparts. SC300 and SC400 passenger cars, as AGENCY: National Highway Traffic Standard No. 208 Occupant Crash originally manufactured, conform to Safety Administration (NHTSA), DOT. Protection: installation of a seat belt many Federal motor vehicle safety ACTION: Notice of decision by NHTSA warning buzzer. Installation of a driver’s standards in the same manner as their that nonconforming 1990–1996 Toyota side air bag and knee bolster on 1991– U.S. certified counterparts, or are Landcruisers multi-purpose passenger 1993 models, and installation of both a capable of being readily altered to vehicles (MPVs) are eligible for driver’s and a passenger’s side air bag conform to those standards. importation. and knee bolster on 1994–1996 models. Specifically, the petitioner claims that The petitioner states that all air bags and SUMMARY: This notice announces the the non-U.S. certified 1991–1996 Lexus knee bolsters installed will be identical decision by NHTSA that 1990–1996 SC300 and SC400 passenger cars are to those found on the vehicles’ U.S.- Toyota Landcruiser MPVs not originally identical to their U.S. certified certified counterparts. The petitioner manufactured to comply with all counterparts with respect to compliance further states that the vehicles are applicable Federal motor vehicle safety with Standards Nos. 102 Transmission equipped with Type 2 seat belts in both standards are eligible for importation Shift Lever Sequence . .., 103 front and rear outboard designated into the United States because they are Defrosting and Defogging Systems, 104 seating positions. substantially similar to vehicles Windshield Wiping and Washing originally manufactured for importation Systems, 105 Hydraulic Brake Systems, Standard No. 301 Fuel System into and sale in the United States and 106 Brake Hoses, 108 Lamps, Reflective Integrity: installation of a rollover valve certified by their manufacturer as Devices and Associated Equipment, 109 in the fuel tank vent line between the complying with the safety standards New Pneumatic Tires, 111 Rearview fuel tank and the evaporative emissions (the U.S.-certified version of the 1990– Mirrors, 113 Hood Latch Systems, 116 collection canister. 1996 Toyota Landcruiser), and they are Brake Fluid, 124 Accelerator Control The petitioner also states that a capable of being readily altered to Systems, 201 Occupant Protection in vehicle identification number (VIN) conform to the standards. Interior Impact, 202 Head Restraints, plate will be installed in the vehicles to 204 Steering Control Rearward meet the requirements of 49 CFR Part DATES: This decision is effective as of Displacement, 205 Glazing Materials, 565. September 16, 1997. 206 Door Locks and Door Retention Interested persons are invited to FOR FURTHER INFORMATION CONTACT: Components, 207 Seating Systems, 209 submit comments on the petition George Entwistle, Office of Vehicle Seat Belt Assemblies, 210 Seat Belt described above. Comments should refer Safety Compliance, NHTSA (202–366– Assembly Anchorages, 212 Windshield to the docket number and be submitted 5306). Retention, 214 Side Impact Protection, to: Docket Section, National Highway SUPPLEMENTARY INFORMATION: 216 Roof Crush Resistance, 219 Traffic Safety Administration, Room Background Windshield Zone Intrusion, and 302 5109, 400 Seventh Street, S.W., Flammability of Interior Materials. Washington, DC 20590. It is requested Under 49 U.S.C. 30141(a)(1)(A), a Additionally, the petitioner states that but not required that 10 copies be motor vehicle that was not originally the non-U.S. certified 1991–1996 Lexus submitted. manufactured to conform to all SC300 and SC400 passenger cars All comments received before the applicable Federal motor vehicle safety comply with the Bumper Standard close of business on the closing date standards shall be refused admission found in 49 CFR Part 581. indicated above will be considered, and into the United States unless NHTSA Petitioner also contends that the will be available for examination in the has decided that the motor vehicle is vehicles are capable of being readily docket at the above address both before substantially similar to a motor vehicle altered to meet the following standards, and after that date. To the extent originally manufactured for importation in the manner indicated: possible, comments filed after the into and sale in the United States, Standard No. 101 Controls and closing date will also be considered. certified under 49 U.S.C. 30115, and of Displays: (a) Substitution of a lens Notice of final action on the petition the same model year as the model of the marked ‘‘Brake’’ for a lens with an ECE will be published in the Federal motor vehicle to be compared, and is symbol on the brake failure indicator Register pursuant to the authority capable of being readily altered to lamp; (b) recalibration of the indicated below. conform to all applicable Federal motor speedometer/odometer from kilometers vehicle safety standards. to miles per hour. Authority: 49 U.S.C. 30141 (a)(1)(A) and Petitions for eligibility decisions may Standard No. 110 Tire Selection and (b)(1); 49 CFR 593.8; delegations of authority be submitted by either manufacturers or at 49 CFR 1.50 and 501.8. Rims: installation of a tire information importers who have registered with placard. Issued on: September 9, 1997. NHTSA pursuant to 49 CFR part 592. As Standard No. 114 Theft Protection: Marilynne Jacobs, specified in 49 CFR 593.7, NHTSA installation of a warning buzzer Director, Office of Vehicle Safety Compliance. publishes notice in the Federal Register microswitch and a warning buzzer in [FR Doc. 97–24427 Filed 9–15–97; 8:45 am] of each petition that it receives, and the steering lock assembly. BILLING CODE 4910±59±P affords interested persons an Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices 48711 opportunity to comment on the petition. DEPARTMENT OF TRANSPORTATION importers who have registered with At the close of the comment period, NHTSA pursuant to 49 CFR part 592. As NHTSA decides, on the basis of the National Highway Traffic Safety specified in 49 CFR 593.7, NHTSA petition and any comments that it has Administration publishes notice in the Federal Register received, whether the vehicle is eligible [Docket No. 97±61; Notice 1] of each petition that it receives, and for importation. The agency then affords interested persons an publishes this decision in the Federal Notice of Receipt of Petition for opportunity to comment on the petition. Register. Decision that Nonconforming 1979 At the close of the comment period, Jeep CJ±7 Multi-Purpose Passenger NHTSA decides, on the basis of the Champagne Imports, Inc. of Lansdale, Vehicles Are Eligible for Importation petition and any comments that it has Pennsylvania (Registered Importer R– received, whether the vehicle is eligible 90–009) petitioned NHTSA to decide AGENCY: National Highway Traffic for importation. The agency then whether 1990–1996 Toyota Safety Administration, DOT. publishes this decision in the Federal Landcruisers are eligible for importation ACTION: Notice of receipt of petition for Register. into the United States. NHTSA decision that nonconforming 1979 Jeep J.K. Motors of Kingsville, Maryland published notice of the petition on July CJ–7 multi-purpose passenger vehicles (‘‘J.K.’’) (Registered Importer 90–006) 15, 1997 (62 FR 37950) to afford an (MPVs) are eligible for importation. has petitioned NHTSA to decide opportunity for public comment. The whether 1979 Jeep CJ–7 MPVs are SUMMARY: reader is referred to that notice for a This notice announces receipt eligible for importation into the United by the National Highway Traffic Safety thorough description of the petition. No States. The vehicle which J.K. believes Administration (NHTSA) of a petition comments were received in response to is substantially similar is the 1979 Jeep for a decision that a 1979 Jeep CJ–7 CJ–7 that was manufactured for sale in the notice. Based on its review of the MPV that was not originally information submitted by the petitioner, the United States and certified by its manufactured to comply with all manufacturer as conforming to all NHTSA has decided to grant the applicable Federal motor vehicle safety applicable Federal motor vehicle safety petition. standards is eligible for importation into standards. Vehicle Eligibility Number for Subject the United States because (1) it is The petitioner claims that it carefully Vehicles substantially similar to a vehicle that compared the non-U.S. certified 1979 was originally manufactured for and Jeep CJ–7 to its U.S. certified The importer of a vehicle admissible sale in the United States and that was counterpart, and found the two vehicles under any final decision must indicate certified by its manufacturer as to be substantially similar with respect on the form HS–7 accompanying entry complying with the safety standards, to compliance with most Federal motor the appropriate vehicle eligibility and (2) it is capable of being readily vehicle safety standards. number indicating that the vehicle is altered to conform to the standards. J.K. submitted information with its eligible for entry. VSP–218 is the DATES: The closing date for comments petition intended to demonstrate that eligibility number assigned to vehicles on the petition is October 16, 1997. the non-U.S. certified 1979 Jeep CJ–7, as admissible under this decision. ADDRESSES: Comments should refer to originally manufactured, conforms to the docket number and notice number, many Federal motor vehicle safety Final Decision and be submitted to: Docket Section, standards in the same manner as its U.S. Room 5109, National Highway Traffic certified counterpart, or is capable of Accordingly, on the basis of the being readily altered to conform to those foregoing, NHTSA hereby decides that Safety Administration, 400 Seventh St., SW, Washington, DC 20590. [Docket standards. 1990–1996 Toyota Landcruisers not Specifically, the petitioner claims that hours are from 9:30 am to 4 pm.] originally manufactured to comply with the non-U.S. certified 1979 Jeep CJ–7 is all applicable Federal motor vehicle FOR FURTHER INFORMATION CONTACT: identical to its U.S. certified counterpart safety standards are substantially George Entwistle, Office of Vehicle with respect to compliance with similar to 1990–1996 Toyota Safety Compliance, NHTSA (202–366– Standards Nos. 102 Transmission Shift Landcruisers originally manufactured 5306). Lever Sequence. . . ., 103 Defrosting for importation into and sale in the SUPPLEMENTARY INFORMATION: and Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 United States and certified under 49 Background U.S.C. 30115, and are capable of being Brake Hoses, 113 Hood Latch Systems, readily altered to conform to all Under 49 U.S.C. 30141(a)(1)(A), a 116 Brake Fluid, 119 New Pneumatic applicable Federal motor vehicle safety motor vehicle that was not originally Tires for Motor Vehicles other than standards. manufactured to conform to all Passenger Cars, 124 Accelerator Control applicable Federal motor vehicle safety Systems, 205 Glazing Materials, 206 Authority: 49 U.S.C. 30141(a)(1)(A) and standards shall be refused admission Door Locks and Door Retention (b)(1); 49 CFR 593.8; delegations of authority into the United States unless NHTSA Components, 207 Seating Systems, 208 at 49 CFR 1.50 and 501.8. has decided that the motor vehicle is Occupant Crash Protection, 209 Seat Issued on: September 9, 1997. substantially similar to a motor vehicle Belt Assemblies, 210 Seat Belt Assembly Marilynne Jacobs, originally manufactured for importation Anchorages, 212 Windshield Retention, Director, Office of Vehicle Safety Compliance. into and sale in the United States, 219 Windshield Zone Intrusion, 301 [FR Doc. 97–24428 Filed 9–15–97; 8:45 am] certified under 49 U.S.C. 30115, and of Fuel System Integrity, and 302 the same model year as the model of the Flammability of Interior Materials. BILLING CODE 4910±59±P motor vehicle to be compared, and is Petitioner also contends that the capable of being readily altered to vehicle is capable of being readily conform to all applicable Federal motor altered to meet the following standards, vehicle safety standards. in the manner indicated: Petitions for eligibility decisions may Standard No. 101 Controls and be submitted by either manufacturers or Displays: (a) Substitution of a lens 48712 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Notices marked ‘‘Brake’’ for a lens with a Issued on: September 10, 1997. UNITED STATES INFORMATION noncomplying symbol on the brake Marilynne Jacobs, AGENCY failure indicator lamp; (b) recalibration Director, Office of Vehicle Safety Compliance. of the speedometer/odometer from [FR Doc. 97–24429 Filed 9–15–97; 8:45 am] U.S. Advisory Commission on Public kilometers to miles per hour. BILLING CODE 4910±59±P Diplomacy Meeting Standard No. 108 Lamps, Reflective AGENCY: United States Information Devices and Associated Equipment: (a) Agency. Installation of U.S.-model headlamps UNITED STATES INFORMATION and front sidemarker lights; (b) AGENCY ACTION: Notice. installation of U.S.-model taillamps Culturally Significant Objects Imported which incorporate rear sidemarker for Exhibition; Determinations SUMMARY: A meeting of the U.S. lights. Advisory Commission on Public Notice is hereby given of the Standard No. 120 Tire Selection and Diplomacy will be held on September following determinations: Pursuant to Rims: installation of a tire information 17, in Room 600, 301 4th Street, SW., the authority vested in me by the Act of placard. Washington, DC, from 8:30 a.m. to 11 October 19, 1965 (79 Stat. 985, 22 U.S.C. a.m. Standard No. 111 Rearview Mirror: 2459), Executive Order 12047 of March replacement of the passenger side 27, 1978 (43 FR 13359, March 29, 1978), At 8:30 a.m. the Commission will rearview mirror with a U.S.-model and Delegation Order No. 85–5 of June meet with U.S. Information Agency component. 27, 1985 (50 FR 27393, July 2, 1985), I officials: Mr. Joe Bruns, Assistant to the Director and Chief Information Officer The petitioner states that a vehicle hereby determine that the objects to be and USIA Representative on the Public identification number plate must be included in the exhibit, ‘‘Renoir’s Portraits: Impressions of an Age’’ (See Diplomacy Task Force; Mr. Richard affixed to the vehicle to meet the list 1), imported from abroad for the Stephens, Reorganization Coordinator requirements of 49 CFR Part 565. temporary exhibition without profit (Implementation of Reorganization); and Interested persons are invited to within the United States are of cultural Mr. Steve Chaplin, Reorganization submit comments on the petition significance. These objects are imported Coordinator (Implementation of described above. Comments should refer pursuant to a loan agreement with the Reinvention), to discuss foreign affairs to the docket number and be submitted foreign lenders. I also determine that the agency reorganization. to: Docket Section, National Highway exhibition or display of the listed At 9:30 a.m. the Commission will Traffic Safety Administration, Room exhibit objects at The Art Institute of meet with Mr. Patrick Kennedy, 5109, 400 Seventh Street, S.W., Chicago, Chicago Illinois from on or Assistant Secretary of State for Washington, DC 20590. It is requested about October 16, 1997 to on or about Administration and Reorganization Core but not required that 10 copies be January 4, 1998, and at the Kimbell Art Team, to discuss foreign affairs agency submitted. Museum in Fort Worth, Texas from on or about February 8, 1998 to on or about reorganization. All comments received before the April 26, 1998, is in the national FOR FURTHER INFORMATION: Please call close of business on the closing date interest. Public Notice of these indicated above will be considered, and Betty Hayes, (202) 619–4468, if you are determinations is ordered to be interested in attending the meeting. will be available for examination in the published in the Federal Register. docket at the above address both before Space is limited and entrance to the Dated: September 11, 1997. and after that date. To the extent building is controlled. Les Jin, possible, comments filed after the Dated: September 10, 1997. General Counsel. closing date will also be considered. Rose Royal, Notice of final action on the petition [FR Doc. 97–24679 Filed 9–12–97; 12:24 pm] BILLING CODE 8230±01±M Management Analyst, Federal Register will be published in the Federal Liaison. Register pursuant to the authority 1 A copy of this list may be obtained by [FR Doc. 97–24514 Filed 9–15–97; 8:45 am] indicated below. contacting Ms. Jacqueline H. Caldwell, Esq., BILLING CODE 8230±01±M Authority: 49 U.S.C. 30141(a)(1)(A) and Assistant General Counsel, at 202/619–6975, and the address is Room 700, U.S. Information Agency, (b)(1); 49 CFR 593.8; delegations of authority 301 Fourth Street, S.W., Washington, D.C. 20547– at 49 CFR 1.50 and 501.8. 0001. federal register September 16,1997 Tuesday Disbursements; ProposedRule Management ofFederalAgency 31 CFRPart208 Fiscal Service Treasury Department ofthe Part II 48713 48714 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

DEPARTMENT OF THE TREASURY eft/. Public hearings will be held in remain in effect through January 1, Dallas on October 14, 1997, in New 1999. Fiscal Service York City on October 27, 1997, and in Phase two begins on January 2, 1999; Baltimore on October 30, 1997. Requests after that date all Federal payments 31 CFR Part 208 to present oral comments at one of the must be made by EFT unless a waiver RIN 1510±AA56 public hearings should be directed to is available. Under 31 U.S.C. 3332(f)(2), Martha Thomas-Mitchell by calling the Secretary is authorized to waive the Management of Federal Agency (202) 874–6757, or by sending an EFT requirement in specified Disbursements Internet e-mail to martha.thomas- circumstances based on standards [email protected]. See the developed by the Secretary. The Act AGENCY: Financial Management Service, requires recipients of Federal payments Fiscal Service, Treasury. SUPPLEMENTARY INFORMATION for further details concerning the hearings. (1) to designate a financial institution or ACTION: Notice of proposed rulemaking; Comments on the proposed rule and authorized agent to which the Federal notice of public hearings. transcripts of the hearings will be payments shall be made and (2) to SUMMARY: Section 31001(x) of the Debt available for public inspection and provide the agency that makes the Collection Improvement Act of 1996 downloading at the web site address payments with the information needed (the ‘‘Act’’) amends 31 U.S.C. 3332 to shown above and for public inspection to make the payments by EFT. 12 U.S.C. require Federal agencies (‘‘agencies’’) to and copying at the Department of the 3332(g). The final rule, which will take convert all Federal payments (other than Treasury Library, Room 5030, 1500 effect on January 2, 1999, is intended to payments under the Internal Revenue Pennsylvania Avenue, N.W., provide guidance to agencies and Code) from checks to electronic funds Washington, D.C. To make an recipients regarding compliance with transfer (‘‘EFT’’) in two phases. Phase appointment to inspect comments and these requirements. one began July 26, 1996. All recipients transcripts, please call (202) 622–0990. The Act makes EFT the standard for Federal payments. In implementing the who become eligible to receive Federal FOR FURTHER INFORMATION CONTACT: Act, Treasury seeks to bring into the payments on or after that date are Robyn Schulhof, Financial Program mainstream of the financial system required to receive such payments by Specialist, at (202) 874–6754; Diana those millions of Americans who EFT unless the recipient certifies in Shevlin, Financial Program Specialist, receive Federal payments and who writing that the recipient does not have at (202) 874–7032; Cynthia L. Johnson, currently do not use the financial either an account with a financial Director, Cash Management Policy and system to receive funds, make institution or an authorized payment Planning Division, at (202) 874–6590; payments, save, borrow or invest. agent. The Department of the Treasury Sally Phillips, Senior Financial Program Treasury’s goals in the implementation (‘‘Treasury’’) issued an interim rule on Specialist, at (202) 874–6749; Margaret process are simple, and focus on July 26, 1996, to implement these Marquette, Attorney-Advisor at (202) payment recipients. These goals include requirements. 219–3320; or Natalie Diana, Attorney- the following: making certain that Phase two begins January 2, 1999. The Advisor at (202) 874–6827. Act provides that, subject to the recipients have access to their funds at SUPPLEMENTARY INFORMATION: a reasonable cost; providing appropriate authority of the Secretary of the consumer protection; ensuring that the Treasury (the ‘‘Secretary’’) to grant I. Background system delivers payments and waivers, all Federal payments (other A. Introduction information accurately, conveniently, than payments under the Internal and in a timely manner; and Revenue Code) made after January 1, Section 31001(x) of the Act amends significantly increasing participation by 1999 must be made by EFT. This 31 U.S.C. 3332 to require agencies to recipients in the country’s financial proposed rule, to implement the convert from paper-based payment system. requirements that take effect after methods to EFT under regulations issued by the Secretary. The Act, which The Financial Management Service January 1, 1999, is being published for (the ‘‘Service’’), a bureau in the comment. exempts only payments under the Internal Revenue Code of 1986, provides Department of the Treasury, is DATES: Written comments on the responsible for implementation of the proposed rule must be received no later that the conversion from checks to EFT be made in two phases. Act. As the Federal Government’s than December 16, 1997. Public financial manager, the Service is hearings on the proposed rule will be During the first phase, which began July 26, 1996, all Federal payments to responsible for collecting and held in Dallas on October 14, 1997, in disbursing public money. In fiscal year New York City on October 27, 1997, and recipients who become eligible to receive those payments on or after that 1996, the Service issued more than 850 in Baltimore on October 30, 1997. million payments. Approximately 81 Requests to speak at one of the three date must be made by EFT unless the recipient provides a written certification percent of those payments (685 million public hearings must be received 14 payments) were made to individuals days before the date of that hearing. See that the recipient does not have an account with a financial institution 1 or under various benefit programs such as the Supplementary Information for Social Security; the remaining payments further details concerning the hearings. an authorized payment agent. On July 26, 1996, Treasury issued an interim consisted of salary, vendor, loan, grant, ADDRESSES: Comments should be sent to rule to implement these requirements. and tax refund payments. In fiscal year 1996, approximately 53 Cynthia L. Johnson, Director, Cash 61 FR 39254. The interim rule will Management Policy and Planning percent of Treasury payments were Division, Financial Management 1 As used herein, ‘‘financial institution’’ means made by EFT. Making payment by EFT Service, U.S. Department of the any institution included in the definition of benefits both recipients and the Treasury, Room 420, 401 14th Street depository institution in 12 U.S.C. 461(b)(1)(A), Government. Agency records indicate S.W., Washington, D.C. 20227. A copy excluding subparagraphs (v) and (vii), and any that recipients are 20 times less likely to agency or branch of a foreign bank as defined in 12 of the proposed rule is available on the U.S.C. 3101. See also the related section-by-section have a problem with an electronic Financial Management Service’s EFT discussion of this term defined in the proposed rule payment than with a paper check. web site at http://www.fms.treas.gov/ at § 208.2(e). Unlike check payments, electronic Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48715 payments are not susceptible to being developing new electronic payment Finally, Treasury has reviewed the lost, stolen, or damaged in transit. In products. In the near future, Treasury agency implementation plans submitted those few cases where an electronic expects to publish for comment a in response to the interim rule. payment is misrouted, it can be traced proposal to amend its regulation dealing C. Public Hearings and rerouted to the recipient, usually with the use of the ACH network by within 24 hours after a claim of non- agencies. The revision of 31 CFR Part In addition, Treasury will hold three receipt is received, compared to an 210 will accommodate the current and public hearings on the proposed rule. average of 14 days for a check. Further, future use of the ACH network by The first hearing will be held in Dallas electronic payments are far less agencies. on October 14, 1997, at the Federal susceptible to forgery or alteration than Reserve Bank of Dallas, 2200 North B. Participation in Rulemaking Process checks. Each year, the Government Pearl Street, Dallas, Texas. The second handles claims relating to Treasury believes that the success of hearing will be held in New York City approximately $60 million in forged the conversion to EFT depends on the on October 27, 1997, at the U.S. checks, $1.8 million in counterfeit involvement of all interested parties in Alexander Hamilton Customs House, 1 checks, and $3.3 million in altered the rulemaking process. In developing Bowling Green, New York, New York. checks. the proposed rule, Treasury used a wide The third hearing will be held in EFT payments are also less costly variety of approaches to obtain data and Baltimore on October 30, 1997, at the than checks. A check costs the solicit input from these parties. Baltimore Branch of the Federal Reserve Government approximately 43 cents, The interim rule specifically invited Bank of Richmond, 502 South Sharp including postage, paper check stock the public to comment on obstacles to Street, Baltimore, Maryland. The and labor costs. An EFT payment costs receiving payments electronically, the hearings in Baltimore and Dallas will approximately two cents. Full availability of banking services, begin at 9:00 a.m. The hearing in New implementation of the Act is expected suggestions for new and improved York City will begin at 10:00 a.m. to achieve Government-wide savings of electronic payment methods, the role of Requests to present oral comments at about $100 million per year. authorized payment agents, and the one of the public hearings should be Over the past two decades, Treasury needs of recipients without bank directed to Martha Thomas-Mitchell by has developed numerous products and accounts. The financial industry was calling (202) 874–6757 or by sending an services to enable agencies to make EFT invited to discuss electronic payment Internet e-mail to martha-thomas- payments. These include Direct Deposit, processing capabilities and suggestions [email protected] not later than Vendor Express, the Automated for new and improved electronic 14 days before the date of the hearing. Standard Application for Payments payment methods. Agencies were asked Requests to present oral comments must (‘‘ASAP’’) and electronic benefits to submit implementation plans that be accompanied by an outline of topics transfer (‘‘EBT’’). describe the types of payments they to be discussed. In order to facilitate the The Direct Deposit program is used by make by check, the obstacles they face distribution of the comments to agencies to make benefit payments, as in converting such payments to EFT, attendees at the hearings, presenters well as wage, salary, retirement, suggestions for removing these must submit, in writing, the text of the allotment, and travel advance and obstacles, timetables for converting comments to be made, at least three reimbursement payments. payments, and whether assistance is business days prior to the hearing. The Vendor Express program transfers needed. Presentations will be limited to payments directly into the accounts of Since the publication of the interim approximately 10 minutes or less. vendors and other commercial payees. It rule, Treasury has held numerous Treasury reserves the right to impose also provides identifying information meetings with representatives from further time or other restrictions on all about the payment, referred to as consumer interest organizations and the presentations. remittance data, in an addendum to the financial industry. Treasury also hosted Please notify Martha Thomas-Mitchell payment. a consumer briefing session attended by prior to the date of the public hearing The ASAP system is an electronic representatives from over 30 consumer if any special arrangements or auxiliary payments system used to deliver time- organizations and a similar briefing for aids or services are needed. sensitive Federal funds to organizations industry that was attended by II. Comments on the Interim Rule that have a continuing relationship with representatives from 13 financial trade the Federal Government. ASAP is used associations. Treasury received 33 comment letters 2 for grant payments and ‘‘same day’’ In addition, Treasury contracted for on the interim rule. The letters were payments to contractors. two research studies related to the submitted by four consumer The above products primarily use the electronic payment mandate. The organizations, nine trade and labor Automated Clearing House (‘‘ACH’’) studies were used primarily to obtain organizations and associations, two network, a nationwide processing and information regarding the characteristics banks, four non-financial institutions, delivery facility that provides for the of Federal check recipients and to better two State government agencies, and distribution and settlement of electronic understand the needs of those nine Federal agencies and offices. Three financial transactions. Some of recipients, particularly with respect to organizations submitted two letters. The Treasury’s payment services use Federal benefit payments. The studies comment letters generally supported the Fedwire, a funds transfer system are available on the Service’s EFT web Act and the interim rule, although operated by the Federal Reserve System. site at http://www.fms.treas.gov/eft/. commenters expressed a wide range of Fedwire is used primarily for large Treasury obtained input from views regarding how best to achieve the dollar, small volume payments that agencies through a number of forums, Act’s objectives. need to be confirmed immediately, such including 11 regional meetings that The principal issues addressed in the as payments to businesses, State and were attended by more than 1100 comment letters were the needs of local governments, and educational agency representatives. Treasury also 2 Comments on the interim rule are available for institutions. established an EFT Interagency Policy public inspection and copying at the Treasury Treasury, along with other agencies, is Workgroup consisting of representatives Library, Room 5030, 1500 Pennsylvania Avenue, continuously researching and from 25 executive branch agencies. N.W., Washington, D.C. 48716 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules recipients who do not have bank consumer protection as financial that all three terms—‘‘authorized accounts; the need for consumer institutions. payment agent,’’ ‘‘authorized agents,’’ protection in connection with EFT; the One consumer organization argued and agent’’—refer to the same entity or definition of authorized payment agent that only financial institutions and entities and are to be construed and the regulation of such entities; the ‘‘possibly the U.S. Post Office’’ should identically. The language quoted above costs associated with EFT; waivers; be permitted to act as authorized suggests that an authorized payment vendor payments; and the importance of payment agents because no limitations agent is an entity other than a financial educating recipients about the EFT on the contractual relationship between institution. Further, this language could mandate. Specific comments are the non-financial institution and the be read as meaning that payment may be discussed below in the section-by- recipient could protect the recipient made to an authorized payment agent, section analysis. adequately. A group representing the either directly to an account held by an authorized payment agent, or to an III. Section-by-Section Analysis elderly expressed concern that if nursing homes, assisted living facilities, account held by a financial institution A. Section 208.1—Scope and or other institutions with a financial in the name of the authorized payment Application interest in the recipient’s payment are agent. With one exception, proposed § 208.1 permitted to act as payment agents, they At the present time, however, is the same as the corresponding could impose excessive service fees. Treasury cannot deliver a Federal provision in the interim rule. The A group representing check cashers payment by EFT directly to an entity interim rule requires agencies to make urged Treasury to define ‘‘authorized other than a financial institution because electronic financial transactions payments by EFT, ‘‘unless a waiver is payment agent’’ in a manner that would are made primarily through the ACH granted.’’ Treasury proposes to replace allow check cashers to be designated as network and membership in the ACH this phrase with a reference to § 208.4 authorized payment agents. The group network system is limited to financial indicating that agencies and recipients commented that check cashers were in institutions. Further, as a general rule, may rely upon the waivers described in a unique position to deliver payments to the Federal Reserve Banks provide ACH that section. Federal recipients because of their locations in areas where there are few and wire services only to financial B. Section 208.2—Definitions bank branches and because of the institutions. Therefore, it is not possible from an operational standpoint to Section 208.2(a)—Agency customer service they provide. A national money transmitter deliver Federal payments by EFT The definition of agency is identical commented that Treasury should allow directly to any entity that is not a to the definition in the interim rule. For money transmitters to be authorized financial institution. a discussion of this term, see 61 FR payment agents because of their It is possible operationally to deliver 39254, 39255. numerous locations nationwide and a payment by EFT to an account in the Section 208.2(b)—Authorized Payment because of their experience in serving name of an authorized payment agent Agent those without bank accounts. held by a financial institution. However, the deposit of a Federal payment into an The term authorized payment agent In formulating the proposed regulation, Treasury has considered the account controlled by a third party other was the focus of extensive comment and than the person entitled to the payment discussion. Some consumer language of the Act, as well as the protection of recipients, the comments raises concerns about the protection of organizations urged Treasury to prohibit the recipient’s interests. Specifically, received, and consistency with other certain entities from acting as Treasury is concerned about the Treasury regulations. authorized payment agents, while other potential failure of agents to honor their The Act refers to ‘‘authorized organizations suggested that Treasury obligations, especially since, except in payment agent,’’ ‘‘authorized agents,’’ impose a variety of substantive limited cases, there is no Federal and ‘‘agent.’’ Section 3332(e)(2) directs restrictions on such entities. Some oversight of such arrangements. an agency to waive the requirement to commenters supported defining this Additionally, non-financial institutions receive payment by EFT during phase term as including non-financial may not be subject to Federal consumer one of the EFT mandate if the recipient institutions as well as financial protection laws. Therefore, defining certifies in writing that he or she ‘‘does institutions on the ground that this ‘‘authorized payment agent’’ broadly not have an account with a financial would allow recipients without bank and permitting Federal payments to be accounts to have greater access to institution or an authorized payment deposited into accounts controlled by a electronic payments, while others urged agent.’’ wide range of entities may expose Treasury to limit the category to Section 3332(g) provides that: recipients to the credit risk associated Federally-insured financial institutions. Each recipient of Federal payments with the failure of such authorized Concern was expressed about non- required to be made by electronic funds payment agents. However, there is one financial institutions that charge what transfer shall— situation in which experience suggests was described as excessively high fees (1) designate 1 or more financial that it is in the best interest of the for check cashing and other financial institutions or other authorized agents to which such payments shall be made; and recipient to make a Federal payment to services. Treasury was urged to limit the (2) provide to the Federal agency that someone other than the recipient. This fees charged by authorized payment makes or authorizes the payments situation involves recipients who are agents for recipients to access their information necessary for the recipient to physically or mentally incapable of funds and to regulate the contractual receive electronic funds transfer payments managing their payments. arrangements between authorized through each institution or agent designated Proposed § 208.2(b) defines payment agents and recipients. under paragraph (1). ‘‘authorized payment agent’’ as any One commenter recommended that if (Emphases added.) individual or entity that is appointed or non-financial institutions were included The Act, however, does not define otherwise selected as a representative in the definition of ‘‘authorized ‘‘authorized payment agent,’’ and the payee or fiduciary, under regulations of payment agent,’’ they should be legislative history is silent on the the Social Security Administration required to provide the same level of meaning of this term. Treasury believes (‘‘SSA’’), the Department of Veterans Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48717

Affairs (‘‘VA’’), the Railroad Retirement purposes of payment.7 The involvement foreign bank branches would be Board (‘‘RRB’’)(collectively, the ‘‘benefit of a financial institution at this stage considered ‘‘financial institutions.’’ This agencies’’ for purposes of the section-by- provides recipients and agencies with change has been made to reflect the section analysis), or other agency important protections, namely, deposit class of entities that can participate making Federal payments, to act on insurance in most cases 8 and the safety directly in the ACH, i.e., financial behalf of an individual entitled to a and soundness associated with a institutions that are authorized by law Federal payment. The Social Security regulated financial institution. Treasury to accept deposits. Act permits the SSA to make a benefit specifically invites public comment on Section 208.2(f)—Individual payment to ‘‘another individual, or an the proposed definition of ‘‘authorized organization’’ when doing so is in the payment agent’’ in § 208.2(b) and the Treasury proposes to add a definition best interest of the recipient.3 The provision, § 208.6, in which this term is of individual. Proposed § 208.2(f) Veterans’ Benefits Act 4 and the Railroad used. defines ‘‘individual’’ to mean a natural Retirement Act 5 contain similar person. Section 208.2(c)—Electronic funds provisions. SSA and the RRB use the transfer Section 208.2(g)—Recipient term ‘‘representative payee’’ to refer to individuals and organizations that have The proposed definition of electronic Treasury proposes to add a definition been selected to receive benefits on funds transfer in § 208.2(c) is similar to of recipient. Proposed § 208.2(g) is based behalf of a beneficiary who is ‘‘legally the definition of that term in the Act. It on the definition of ‘‘recipient’’ in 31 incompetent or mentally incapable of is identical to the definition in the CFR 210.2 and provides that ‘‘recipient’’ managing benefit payments.’’ The VA statute and the interim rule except that means an individual, corporation, or uses the term ‘‘fiduciary’’ to refer to the proposed definition includes a other public or private entity that is individuals or organizations appointed statement that the term includes a credit authorized to receive a Federal payment to serve in similar circumstances. card transaction. from an agency. Treasury recognizes that the Other agencies, such as the Office of Section 208.2(h)—Secretary Personnel Management, also make definition of ‘‘electronic funds transfer,’’ Federal payments to individuals and as proposed, is somewhat broader than Proposed § 208.2(h) defines Secretary provide for representative payees and the definition of that term in the to mean Secretary of the Treasury. fiduciaries. While not included by Electronic Fund Transfer Act, 15 U.S.C. Section 208.2(i)—Treasury name, the phrase ‘‘or other agency’’ in 1693 (‘‘EFTA’’). Specifically, the credit the proposed definition is intended to card transactions referred to in the Proposed § 208.2(i) defines Treasury refer to these agencies. proposed rule do not satisfy the to mean the United States Department of SSA, the VA, and the RRB have definition of an EFT in the EFTA in that the Treasury. issued detailed regulations addressing the transaction does not debit or credit The interim rule contains a definition the qualifications and duties of a consumer asset account. In addition, of the terms ‘‘benefit payment’’ and representative payees and fiduciaries.6 ACH transactions to or from a ‘‘payment.’’ Since the proposed rule The rules governing these commercial account would not be defines the term ‘‘Federal payment,’’ representational relationships are long- covered by the EFTA. Treasury proposes to omit the definition of ‘‘benefit payment’’ and ‘‘payment’’ standing and well established. In Section 208.2(d)—Federal Payment addition, the definition of the term from the rule. ‘‘recipient’’ in Treasury’s regulation The definition of Federal payment is C. Section 208.3—Payment by governing the use of ACH by agencies the same in the proposed rule as in the Electronic Funds Transfer refers to representative payees and interim rule, except for minor technical Proposed § 208.3 implements 31 fiduciaries. See 31 CFR 210.2. In fiscal changes in the miscellaneous payments U.S.C. 3332(f)(1) and provides that, year 1996, approximately 10 percent of section. notwithstanding any other provision of Social Security benefit payments (60 Section 208.2(e)—Financial Institution law, all Federal payments made by an million payments) were made to The definition of financial institution agency after January 1, 1999, must be approximately five million has been changed from the definition of made by EFT, unless one of the waivers representative payees. Therefore, that term in the interim rule. The set forth in § 208.4 applies. Under the Treasury believes that it is appropriate proposed rule defines ‘‘financial definition of ‘‘Federal payment,’’ to define the term ‘‘authorized payment institution’’ to mean a depository payments made under the Internal agent’’ by reference to existing practice institution as defined in 12 U.S.C. Revenue Code of 1986 (i.e., tax refunds) and the regulations of the agencies 461(b)(1)(A), excluding subparagraphs are excluded from the EFT mandate. making Federal payments. (v) and (vii), and an agency or branch of The effect of the proposed definition D. Section 208.4—Waivers in § 208.2(b), together with the a foreign bank as defined in 12 U.S.C. The Act authorizes the Secretary to requirement in § 208.6, which outlines 3101. Under this definition, banks, waive the requirement to make Federal account requirements for purposes of savings banks, credit unions, savings payments by EFT for individuals or this rule, is that all Federal payments associations, and United States-based classes of individuals for whom will be made to an account at a financial 7 compliance imposes a hardship; for institution. Such account must be in the Section 208.6 also permits a Federal payment to be deposited into an account in the name of a classifications or types of checks; and in name of the recipient or in the name of securities broker or dealer. See discussion below. other circumstances as may be an authorized payment agent who 8 Treasury is aware that a few financial necessary. 31 U.S.C. 3332(f)(2)(A). stands in the shoes of the recipient for institutions that are capable of receiving Federal payments through the ACH system may not have Subparagraph (B) of § 3332(f)(2) directs deposit insurance. The proposed rule does not the Secretary to make waiver 3 42 U.S.C. 1383(a)(2)(A)(ii)(I). place any additional requirements on these determinations based on standards 4 38 U.S.C. 5502. institutions, i.e., recipients who currently receive 5 45 U.S.C. 231k. Federal payments by EFT through such institutions developed by the Secretary. 6 See 20 CFR Parts 404, 410, 416, 266, and 348; will not be required to make any changes to existing The interim rule invited public and 38 CFR Part 13. arrangements. comment on the need for waivers. In the 48718 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules public comments and in meetings with to certify to the agency that receiving recipients have indicated that receiving agencies, the public, and industry, payment by EFT would impose a payment by EFT would cause a several themes were expressed hardship due to one of the enumerated hardship of any kind. repeatedly, regarding the standards that barriers. The certification would be Based on the favorable experience of should be developed for waivers. based on the individual’s own SSA and the other benefit agencies, and The first standard is the need for evaluation of his or her circumstances. the fact that newly-eligible recipients do waivers where the conversion from Treasury believes that this subjective not have a history of receiving their check to EFT imposes a hardship on the approach is consistent with Federal benefit payments by check and, recipient. Consumer organizations urged Congressional interest in minimizing therefore, would not experience a Treasury to make waivers readily the hardship associated with conversion change in the manner in which they available to all recipients who assert from check to EFT for some recipients, receive payment, Treasury proposes to that receiving payment by EFT would and recognizes the wide variety of take an approach with respect to newly- impose a hardship. circumstances in which recipients live eligible recipients who have an account The second standard is and work. The proposed rule does not with a financial institution that parallels ‘‘impossibility.’’ Agencies noted that, for anticipate that agencies will evaluate an the approach taken during phase one. a payment to be made by EFT and for individual’s circumstances; rather, Therefore, the proposed rule provides the recipient to gain access to the funds, Treasury expects that a waiver from no waivers for these recipients, although certain conditions must be present. EFT payment by EFT will be automatic and one or more of the waivers described in requires a modern communications based solely on the individual’s subsections (c) through (h) may apply. system and the participation of financial certification. Under proposed § 208.4(a), an institutions with the requisite Proposed § 208.4 (a) and (b) provide individual who has an account with a operational capabilities. In addition, in waivers from the requirement to receive financial institution and who became foreign countries, EFT requires a payment by EFT for certain classes of eligible to receive payment before July reasonably stable political environment. individuals for whom such requirement 26, 1996, would not be required to If these conditions are not present, EFT would impose a hardship. Specifically, receive payment by EFT where the use becomes more difficult and, in some proposed § 208.4(a) sets forth two of EFT would impose a hardship due to cases, impossible. waivers for those individuals who have either a physical disability or a The third standard is ‘‘cost-benefit.’’ an account with a financial institution geographic barrier. Agencies described cases in which they and who became eligible for a Federal The Act does not define the term make small dollar payments or one-time payment before July 26, 1996, and ‘‘hardship.’’ The legislative history payments and urged Treasury to § 208.4(b) sets forth three waivers for mentions geographical, physical, authorize agencies to take into account individuals who do not have an account mental, educational, and language the costs and benefits of using EFT in with a financial institution, regardless of barriers, but does not define these terms. such cases. when they became eligible for payment. Treasury and the benefit agencies The fourth standard relates to law There are no waivers for individuals believe that, for the reasons discussed enforcement and national security. who have an account with a financial more fully below, three of the five Agencies engaged in law enforcement institution and who become eligible for categories mentioned—mental, and national security described a Federal payment on or after July 26, educational, and language—do not pose circumstances in which making a 1996 (‘‘newly-eligible recipients’’), a barrier to the use of EFT. These factors payment by EFT would endanger the although there may be circumstances in can affect an individual’s ability to use safety of an agent or a person which an individual is paid by check any method of payment, whether check cooperating with an agency. because the agency’s obligation to pay or EFT, and, therefore, there is no need Based on these four standards, by EFT is waived pursuant to a waiver to provide waivers for these categories. Treasury proposes to adopt the eight described in subsections (c) through (h). In fact, for many individuals, the safety waiver categories set forth in § 208.4. Treasury’s proposal to tie the and reliability associated with EFT Treasury considered adopting a process availability of a waiver for an individual outweigh the difficulty associated with under which agencies would apply to who has a bank account to the date an a new method of payment. Treasury for a waiver. However, individual became eligible for the With regard specifically to mental Treasury believes that an application Federal payment is based on a review of disabilities, Treasury notes that, as process would impose an unnecessary its experience, and the experience of the mentioned above in the discussion on administrative burden on the agencies agencies responsible for the vast ‘‘authorized payment agent,’’ some and Treasury and could delay the majority of Federal payments, during agencies have already provided in their processing of Federal payments. For phase one. As noted above, the Act and regulations for recipients who are these reasons, the proposed regulation Treasury’s interim rule provide that mentally incapable of managing their does not require agencies to apply to newly-eligible recipients must receive payments. Under these regulations, an Treasury for the waivers that are payment by EFT unless the recipient individual or entity may be appointed available to an agency. Instead, the certifies in writing that he or she does or otherwise selected to act on behalf of proposal contemplates that agency not have an account with a financial an individual entitled to a Federal officials will determine whether a institution. The SSA, which certifies payment. For example, when an payment or class of payments falls 71% of the payments made by Treasury application for Social Security or within one of the waiver categories each month, reports that approximately Supplemental Security Income benefits described in subsections (c) through (h). 76% of the recipients who became is filed by or on behalf of an individual As appropriate, Treasury will provide eligible to receive Social Security and who is not able to manage his or her guidance to agencies regarding the Supplemental Security Income benefit payment, SSA’s regulations various waiver categories. payments since July 26, 1996, are provide for the appointment of a In the case of the waivers available for receiving payment by EFT.9 Benefit representative payee. This person or individuals, Treasury plans to develop, agencies report that very few of these entity receives the payment and and make available to agencies, model arranges for the funds to be used for the language that an individual would use 9 The VA and the RRB report similar experiences. benefit of the individual. The method by Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48719 which payment is made to the reservation with limited access to practical matter, take effect upon the representative payee has no effect on the transportation or banking facilities and availability of the account described in actual recipient. who would have great difficulty getting § 208.5. Under the Act, Treasury is The proposed rule does not provide to a bank or ATM to receive payment by required to ensure that individuals who waivers based on the recipient’s EFT. are required to have an account at a educational level, limited literacy skills, The proposed rule does not define financial institution in order to receive or lack of fluency in English. The physical disability or specify what Federal payments will have access to experience of Treasury and the benefit constitutes a geographic barrier. In the such an account at a reasonable cost and agencies suggests that the obstacles case of physical disability, Federal law with the same consumer protections as posed by these factors are not uniquely contains several definitions, including other account holders at the same associated with the use of EFT. those found in the Americans with financial institution. Treasury is in the Educational and language barriers can Disabilities Act, the Social Security Act, process of designing such an account. interfere with the comfortable and and the Veterans’ Benefits Act. Treasury While Treasury is hopeful that the successful use of any method of believes that referencing in Part 208 all account will be available nationwide by payment, including checks and EFT. In applicable definitions of disability January 2, 1999, and will make every implementing EBT, the benefit agencies would be unwieldy and confusing, and effort to achieve that goal, it is possible have found that educational and that creating a new definition for that the account will not be available on language barriers present a challenge in purposes of Part 208 would create an a nationwide basis by that time. For this making the transition to EFT, but the unnecessary administrative burden for reason, the requirement to receive transitional hurdle is short-lived and agencies and recipients. In addition, in payment by EFT is automatically ameliorated by educational programs light of the approach the proposed rule waived for all individuals who certify targeted to the specific needs of takes with regard to the waiver process, that they do not have an account with recipients. The benefit agencies and the Treasury does not believe that it is a financial institution until the earlier of financial industry have developed, and necessary to define physical disability January 2, 2000, or the date as of which are continuing to develop, educational or specify what constitutes a geographic the Secretary determines that the materials that assist recipients with barrier. account referred to in § 208.5 is limited education or literacy skills in Under proposed § 208.4(b), an available. making the transition to EFT. In individual who does not have an Proposed § 208.4(c) provides that an addition, Treasury intends to conduct account with a financial institution is agency is not required to make a an extensive education campaign on not required to receive payment by EFT payment by EFT where the political, receiving payment by EFT. where the use of EFT would impose a financial, or communications Finally, with respect to language, the hardship on the individual due to a infrastructure in a foreign country does benefit agencies and the financial physical disability or a geographic not support payment by EFT. This industry have programs to assist barrier, or where the use of EFT would waiver category responds to concerns recipients who do not speak English. impose a financial hardship on the expressed by agencies that make For example, in those parts of the individual. international payments. For example, country where a language other than Waivers are provided for individuals the SSA certifies benefit payments to English is predominant, SSA employees with a physical disability or a recipients in 132 countries around the assist recipients in their native geographic barrier for the reasons world but, at the present time, language. In these areas, many ATMs discussed above. In addition, a third international Direct Deposit is available and POS terminals offer the choice of waiver category—financial hardship— only in 10 countries. Treasury also on-screen instructions in the has been provided for individuals who recognizes that in some countries, predominant language as well as do not have bank accounts, and for payment by EFT is feasible in some English. Also, materials provided during whom Treasury will provide an account areas, such as large cities, but is not the public education campaign will be as described in § 208.5. Although feasible outside these areas. In such available in selected languages other financial hardship is not mentioned in cases, payments should be made than English to accommodate non- the legislative history, Treasury is aware electronically to any area within the English speaking recipients. that some individuals who do not have country where the necessary Treasury believes, however, that there accounts with a financial institution infrastructure exists, unless the are two instances in which recipients cash their checks at grocery stores and recipient qualifies for one of the other who have an account with a financial other locations at little or no cost. waivers. institution and who have previously Treasury does not believe that Congress Proposed § 208.4(d) proposes a waiver been receiving payment by check intended such individuals to pay more in those cases where a natural or other should not be required to convert to to receive payment by EFT than they disaster makes payment by EFT not receiving payment by EFT; namely, currently pay to receive payment by feasible. This waiver responds to where a physical disability or a check, particularly low-income concerns raised by the Federal geographic barrier would result in a recipients whose Federal payment may Emergency Management Agency and hardship to the individual. be their sole source of income. other disaster assistance agencies who For example, Treasury believes that a Therefore, Treasury is proposing to advised Treasury that, in areas affected waiver should be available to a recipient make a waiver available for these by natural disasters, financial with a physical disability who currently individuals on this basis. The financial institutions may be closed or has an arrangement with a nearby hardship waiver is not available to inaccessible due to electrical or grocery store to cash his or her monthly recipients who already have accounts telecommunications failure or structural check, but would have great difficulty with financial institutions because these damage. traveling even a short distance to a bank individuals presumably will not incur Treasury recognizes that agencies that or ATM to get his or her payment by any additional expense to receive respond to emergencies must have the EFT. Similarly, Treasury believes that a payment by EFT. flexibility to fulfill their missions, and waiver should be available to someone The financial hardship waiver that providing payments to emergency who lives in a rural area or on an Indian proposed in § 208.4(b) will, as a victims and emergency personnel must 48720 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules be done in the most efficient and non-recurring to mean a frequency of because of system limitations or cost, expedient manner possible. Therefore, not more than once in a 12-month remittance data is not available to the Treasury is proposing a waiver for period to the particular recipient. In vendor. As noted above, remittance data disaster assistance agencies making comments and in discussions with is information that identifies the payments to recipients residing in areas Treasury, agencies frequently identified payment. This data permits the vendor that are designated by the President or non-recurring payments as a payment to reconcile funds received against an authorized agency administrator as a class in which a check might be more outstanding invoices. disaster area. The waiver period would cost-effective than an EFT given the A number of commenters stressed the last for 120 days from the date the administrative cost of enrolling a importance of passing remittance data disaster is declared. The disaster recipient for an ACH payment. Since on to the vendor, stating that the lack of assistance agencies indicated that most one of the principal purposes of the Act remittance data is the primary reason emergency response phases do not last was to reduce the Government’s cost, why vendors are reluctant to receive longer than 120 days and that, after that Treasury believes this is an appropriate payment by EFT. Several commenters time, the financial and communications waiver category. noted that many financial institutions infrastructure typically is restored so Agencies also questioned the wisdom lack the capability to provide remittance that recipients can receive their of requiring small dollar payments to be data to their depositors which requires payments electronically. If the made by EFT. Proposed § 208.4(g) the translation of data from machine emergency response time exceeds 120 should not be read as a waiver for all readable to human readable form. It is days, the agency is expected to notify small dollar payments. The cost estimated that of the approximately Treasury in writing of the need to associated with making a $100 payment 11,000 financial institutions which can extend the waiver period. The is proportionately higher than the cost accept an electronic payment, fewer notification should include a of making a $10,000 payment, regardless than a thousand are capable of justification for the extension and state of the payment method used. Thus, a translating remittance data into a human the length of the extension period factor in addition to the dollar amount readable form. In addition, financial required. of an individual payment is whether it institutions sometimes charge their Proposed § 208.4(e) provides a waiver is a small dollar single payment or a customers for remittance data, which for payments made in response to small dollar recurring payment. also reduces the incentive for smaller contingency operations conducted by Proposed § 208.4(h) provides that vendors to accept payment by EFT. the Department of Defense. A agencies are not required to make Treasury is working with agencies, contingency operation is defined in 10 payments by EFT when public necessity the financial industry, and vendors to U.S.C. 101(a)(13) as a military operation suggests that payment by methods other solve the remittance data problem. For that either is designated by the Secretary than EFT is in the best interest of the example, several pilots are underway to of Defense as an operation in which Government. An agency may determine test the feasibility of making remittance armed forces undertake military actions that a need for goods and services is of data available through a variety of against an enemy or results in a call or such unusual and compelling urgency methods, including on an agency’s web order to, or retention on, active duty of that the Government would be seriously site. The proposed rule does not contain members of the armed forces during a injured if payment were required to be a waiver for vendor payments because war or national emergency declared by made by EFT. Alternatively, an agency Treasury expects that, as a result of the President or Congress. may determine that, where there is only these efforts, the problem of making Proposed § 208.4(f) provides a waiver one source for goods or services, remittance data readily available will be from the mandatory EFT requirement payment by a method other than EFT solved by January 1999. However, where payment by EFT may pose a would prevent serious injury to the Treasury will monitor developments threat to national security, jeopardize Government. Unusual and compelling closely and will reconsider the need for the life or physical safety of an urgency means that there is a need to act a waiver at that time. individual, or compromise a law without delay to protect a legitimate Finally, several agencies noted that enforcement action. Agencies engaged Government interest. Serious injury the Federal Acquisition Regulation in law enforcement and national means that the Government faces an (‘‘FAR’’) interim rule on Payment by security, as well as the military, advised imminent loss of money or property, or Electronic Funds Transfer, published on Treasury that in many cases payment by the disruption of a Federal program or August 29, 1996,10 exempts certain EFT is not feasible or could endanger activity. classes of contracts from the Act. employees or other individuals. For Treasury received a number of Treasury is working with the example, the physical safety of comments from agencies expressing appropriate agencies to reconcile any undercover agents or participants in a concern that the Act would interfere differences between the two rules. witness protection program could be with their efforts to obtain goods or jeopardized by the audit trail left by an services deemed essential to the E. Section 208.5—Access to Account electronic payment. Under the proposed agencies’ missions in a timely fashion. Provided by Treasury rule, a waiver also would be available For example, in some cases, an agency Proposed § 208.5 provides that where for military or other sensitive operations may have only one supplier of an an individual certifies that he or she where the provision of bank routing essential material or service, and that does not have an account at a financial information to third parties might supplier may not be able to accept institution, or where an individual fails compromise the security of the payment by EFT. While the Act clearly to respond to a request for information operation, thereby jeopardizing national requires vendors to accept payment by pursuant to § 208.8, Treasury will, security. EFT, Treasury recognizes that, in pursuant to the Act’s mandate, provide Under proposed § 208.4(g), an agency limited cases, agencies require the individual with access to an account would not be required to make a flexibility in dealing with vendors who at a Federally-insured financial payment by EFT if the cost of using EFT are unable to receive EFT payments. institution selected by Treasury. (All for making a non-recurring payment is Agencies and other commenters asked such individuals will, of course, retain greater than the cost of making that Treasury to consider making a waiver payment by check. Treasury considers available for vendor payments where, 10 61 FR 45776. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48721 the right to establish their own account participate in a voluntary program and that interested organizations submit relationships at institutions of their monitoring their activities would bids on the cost of providing such an choice.) require the creation and maintenance of account within defined geographic This section addresses the problem of a regulatory infrastructure. In addition, areas. Bidders also may be requested to delivering Federal payments by EFT to it is possible that, in some geographic submit bids on different permutations of individuals who do not have an account areas, no institutions would be willing alternative account structures and at a financial institution. In order to use to participate, resulting in gaps in geographic areas. It is anticipated that Direct Deposit, a recipient must have an coverage. such accounts will be offered on the account at a financial institution.11 It is A third approach is for Treasury to basis of a specified periodic service estimated that approximately 10 million engage one or more Federally-insured charge paid by the recipient. individuals who receive Federal financial institutions to act as Treasury’s Treasury believes the design of these payments do not have an account at a financial agent for the provision of Federally-provided accounts is critical bank, savings association, savings bank, accounts to those individuals. Treasury to the successful implementation of the or credit union, and, therefore, cannot believes that this approach will enable Act. While no final decisions have been receive payment by Direct Deposit. Treasury to perform its obligation under made as to the attributes of the account, One of Treasury’s domestic policy 31 U.S.C. 3332(i)(2) to ensure that all it is the preliminary view of Treasury objectives is to encourage individuals individuals required to receive that each recipient should have an who do not have an account at a payments electronically will have individual account at a Federally- financial institution to move into the access to an account at a financial insured financial institution that can be financial services mainstream. Since the institution at a reasonable cost and with directly accessed via plastic debit card Act was passed, Treasury has been consumer protections comparable to at any location of that institution, working with agencies and the financial those afforded other account holders at including any automated teller industry on educational efforts designed such institutions. In addition, a number machines or point-of-sale terminals that to encourage individuals to open an of consumer organizations strongly accept transactions by the institution’s account at a financial institution so that urged Treasury to permit only cardholders. Treasury has retained the they can receive their Federal payments Federally-insured financial institutions services of a consultant to evaluate and by Direct Deposit. In addition, Treasury to act as agent for Treasury to hold provide advice to Treasury with respect and the financial industry are accounts for individuals who do not to both the account structure and the participating jointly in the marketing of have such accounts. Treasury takes design of the competitive selection Direct Deposit Too, which is a model for seriously the concern expressed by process for the account providers. In a simple, low-cost, electronically these commenters, and specifically addition, Treasury is seeking public accessible deposit account. Treasury invites comment on this issue. comment on this subject. hopes that many recipients without Treasury plans to obtain such account Commenters are encouraged to accounts will open accounts as a result services through a competitive process provide their views on any issues that of these public and private sector that will select one or more entities to they believe are important to the educational and marketing efforts. act as Treasury’s agent to provide these successful design of this new account. However, Treasury recognizes that a services to recipients that do not have, In submitting views, commenters certain percentage of individuals who or do not choose to open, accounts at should consider that the cost of the are required to receive payment by EFT, financial institutions of their own account to be offered by bidding i.e., individuals who are not eligible for choice. Any financial institution institutions is likely to be affected by a waiver, likely will not have accounts designated by Treasury as its financial the range of attributes required to be by the January 1999 deadline, and the agent will perform those functions that included in the account, as well as the Act specifically requires that Treasury involve the disbursement of public institutions’ expected average balance, regulations ensure access to an account funds, including the establishment of i.e., float, for the account. In particular, by individuals who are required to have the recipient’s account and the crediting Treasury requests comments on the an account because of the EFT of the Federal payment to the account. following questions: mandate.12 Other functions, however, may be • Should Treasury make available a Treasury considered several performed by non-financial institutions debit card-based account to individuals approaches to implementing this working in partnership with the who are required to receive Federal requirement. Several commenters financial agent.13 payments by EFT and who do not have suggested that Treasury require The proposed regulation does not an account of their own with a financial financial institutions to provide a basic attempt to define the specific institution? account at a reasonable price to characteristics of the account that will • Should the cost of the account to individuals without accounts. Treasury be made available. Following the close the recipient be the most important does not believe that financial of the comment period on this notice of factor for selecting the account structure institutions should be required to proposed rulemaking, Treasury will and/or the account providers, or should provide these types of account services develop proposed terms, conditions, the account structure be designed to as a result of the Act. Another approach and attributes of the account to be meet other objectives even if the cost to involves the development of a model offered and will publish this proposal recipients is increased as a result? If the deposit account with an invitation to for a limited period of public comment. latter, which objectives? What is an financial institutions to offer this After evaluating comments received, appropriate standard by which to weigh account, at a specified price or at a price Treasury will determine the specific tradeoffs between increased costs and below some ceiling determined by terms, conditions, and attributes of the additional account features? Treasury, to individuals without account to be offered and will request • Should the account be structured to accounts. Treasury believes that provide only a basic withdrawal service identifying institutions willing to 13 The notice of proposed rulemaking for at the lowest possible cost, with Treasury’s rule relating to electronic benefits additional service charges for additional transfer, 31 CFR Part 207, describes the 11 See 31 CFR 210.4(a). disbursement of public funds and the statutory features, or should the account offer a 12 31 U.S.C. 3332(i)(2). basis for the use of financial agents. 62 FR 25572. range of services at a fixed monthly cost, 48722 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules even if greater than the cost of a basic be included in the pricing proposal in manner that satisfies the regulations of account? the competitive bid process? the appropriate agency. See the • How many withdrawals should be • Which account design would discussion of ‘‘authorized payment included in the base price of the provide the appropriate opportunity for agent’’ in the section-by-section analysis account? Should the account terms non-financial institutions to participate of § 208.2(b) above. address the charges imposed by in the delivery of services to Federal Proposed § 208.6(b)(2) permits a automated teller machine owners other payment recipients? Federal payment to be deposited into an than the account provider? Treasury will make every effort to account in the name of a broker or • Should the account structure ensure that the account referred to in dealer registered under the Securities provide for additional electronic or § 208.5 will be available throughout the Exchange Act of 1934 with whom the nonelectronic deposits within the basic country by January 2, 1999. Moreover, recipient has an account. Treasury is monthly service charge? If so, what Treasury has been working with a aware that many brokers and dealers number of deposits? number of States to link the delivery of offer services that combine investment • Should the account provide for Federal payments to State EBT and transaction features. In these some number of third-party payments, programs. Where such linkage occurs, services, funds deposited into an such as payments for rent or utility recipients who receive a Federal account at a financial institution— bills? If so, how many third party payment, such as Supplemental which may be in the name of the payments should be provided for and Security Income, as well as benefits securities broker or the name of the should they be priced in the basic under a State-administered program, for customer—are swept out of such an monthly service charge? example, Food Stamps, will be offered account on a regular basis and into an • Should the account include a an option of accessing both benefits by investment vehicle owned by the savings feature? How would such a means of a single card. However, as recipient. When the customer uses the feature operate? Would additional free discussed above in connection with funds for transaction purposes, whether withdrawals or the capability to accept proposed § 208.4(b), in the event that by credit or debit card or check, the deposits other than the Federal payment the account described in § 208.5 is not funds needed to cover the transaction act to foster savings by the recipient? available, the requirement to receive a are transferred out of the investment • How important is a broad Federal payment by EFT will be waived vehicle. geographic reach to meeting the access for individuals who certify that they do Such services offer cash management objectives that most recipients will not have an account with a financial features, and Treasury sees no reason to want? How should Treasury best meet institution until the earlier of January 2, discourage recipients of Federal access needs in underserved areas? 2000, or the date as of which the payments from using these services, Treasury has been urged to adopt Secretary determines that the account is provided certain protections are restrictions for the account that it available. available, namely, that the broker or furnishes that would preclude dealer is registered under the Securities F. Section 208.6—Account arrangements between the financial Exchange Act of 1934 and that the Requirements institution at which the account is recipient’s funds are protected by maintained and third parties, such as Proposed § 208.6 addresses account deposit insurance during the time the check cashers and money transmitters, requirements for Federal payments funds are on deposit at the financial under which recipients might be made by EFT. The proposal sets forth a institution. provided with additional means of general rule for all Federal payments, The registration requirement ensures accessing the account. Those favoring and then provides two exceptions from that the broker or dealer is subject to such restrictions argue that recipients the general rule for situations that certain basic requirements such as should be protected against excessive involve an authorized payment agent or membership in the appropriate self- charges that might be imposed for such an investment account established regulatory organization, membership in services. These arguments raise through a registered securities broker or the Securities Investor Protection important concerns, particularly with dealer. Corporation, recordkeeping and respect to low-income recipients who Under § 208.6(a), all Federal reporting requirements, and net capital have in the past paid high fees to cash payments made by EFT must be requirements. In addition, such brokers government checks. In light of these deposited into an account in the name and dealers are subject to inspections by concerns, Treasury requests comment of the recipient at a financial institution, the Securities and Exchange on some additional questions relating to unless one of the exceptions described Commission and the self-regulatory the account it will design and make in subsection (b) applies. The organizations. The requirement that the available to recipients who do not have requirement to deposit the payment into account and associated records be bank accounts: an account in the name of the structured so that the recipient’s interest • Should access to the account be recipient 14 is consistent with Treasury’s is protected under applicable Federal or provided at outlets in addition to those regulations governing use of the ACH 15 state deposit insurance regulations normally offered by the financial and thus provides continuity with ensures that the recipient’s interest in a institution providing the account? For existing arrangements for the Direct master account is individually insured example, should arrangements be Deposit of Federal payments. to the same extent it would be if the permitted under which third parties Proposed § 208.6(b)(1) addresses cases account were in the name of the may offer other means by which a in which an authorized payment agent recipient alone. recipient may, in effect, withdraw funds has been selected or designated. In such Other than payments made to an from the account. If yes, should there be cases, the account may be titled in any authorized payment agent or an any restrictions on where additional investment account, Federal payments access may be provided or under what 14 Section 208.6 would not prohibit the use of a made by EFT must be deposited to an terms it can be offered? joint account between the recipient and a spouse or account at a financial institution. The • other member of the recipient’s family so long as If additional access is offered the recipient has the right to withdraw funds from proposed rule is silent on the role that through arrangements with third parties, the account. non-financial institutions may play in should the cost of this additional access 15 31 CFR 210.4. the delivery of Federal payments to Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48723 recipients with bank accounts and the other account holders at the same financial information can be collected relationship between non-financial institution. electronically through the ACH system institutions and such recipients. This provision could possibly be by use of an Automated Enrollment Treasury anticipates that non-financial interpreted in two ways. The Entry (ENR). The ENR is a new ACH institutions will continue to have the requirement that Treasury ensure access entry that was specifically designed to opportunity to partner with financial to an account could be read very meet the needs of agencies as a institutions and to market products and broadly to refer to all individual replacement for the paper form that has services to recipients. Treasury’s recipients who receive their Federal been used for enrollment in the Direct research and the comments received on payments by EFT, whether or not they Deposit program. The phrase, ‘‘who is the interim rule indicate that non- already have an account. Such a broad required to receive payment by financial institutions have performed interpretation potentially would place electronic funds transfer,’’ is an such functions in the past and are Treasury in the position of determining acknowledgment that waivers will developing new products and services the reasonableness of prices charged by apply in some cases. that will allow them to serve recipients thousands of financial institutions, for a Under this section, agencies are who receive their Federal payments by wide variety of account services, to required to collect the information EFT. Treasury specifically invites individuals who have account needed to make a payment through the comments on this opportunity for relationships at institutions they have ACH network, namely, the recipient’s market innovations. chosen voluntarily. account number and the financial The use of such products and services Section 3332(i)(2) also could be read institution’s name and routing number. would be purely voluntary on the part more narrowly as referring to those Treasury encourages agencies to collect of recipients who would continue to be individuals who, as of January 2, 1999, this information at the earliest possible able to access their payments directly at have not voluntarily selected or opened opportunity in their dealings with a financial institution of their choice if an account at a financial institution and potential recipients of Federal they chose not to use the services of a who will need access to such an account payments. For vendor payments, non-financial institution. These in order to receive a Federal payment by agencies are encouraged to collect this relationships are distinguished from the EFT. information as a condition of awarding account that Treasury proposes to Treasury believes the latter a contract, issuing a purchase order, or provide for individuals who do not have interpretation is the better one, i.e., that formalizing an agreement to obtain an account with a financial institution. § 3332(i)(2) should be read to require goods or services. Collection of this See § 208.5. Treasury to provide ‘‘unbanked’’ information as a condition of award Treasury has been urged to interpret individuals with access to a reasonably- ensures that the agency is doing the Act as requiring regulation of the priced account at a financial institution. business only with vendors who are fees charged by financial institutions Treasury does not believe that there willing and able to accept an EFT and the imposition of certain consumer should be widespread regulation of the payment and consequently ensures that protections on the services they offer. prices of deposit services voluntarily all vendor payments, unless waived Consumer organizations urged Treasury obtained by recipients in a competitive under § 208.4, will be made by EFT. to limit the fees that authorized marketplace. Gathering information In order to ensure compliance by payment agents may charge for their about the prices charged for accounts by January 2, 1999, agencies must take services, and suggested that reasonable financial institutions throughout the action as early as possible in 1998 to costs for recipients without bank United States and evaluating those inform recipients who still receive accounts should range from no cost to prices to determine their reasonableness checks of the requirement to convert to low cost. Some commenters suggested would impose a heavy administrative EFT. Collection of the required that Treasury either subsidize or burden both on the industry and on information should begin no later than regulate account fees. Other commenters Treasury. In addition, widespread price July 1, 1998, and recipients should be stated that efforts to reduce costs for the regulation would interfere with the encouraged to convert to EFT as soon as Government should not place an undue functioning of the market for account possible. Under proposed § 208.7(b), agencies financial burden on the private sector. services. Accordingly, the reasonable are directed to obtain from individuals These commenters opposed Treasury’s cost and consumer protection standards who do not have an account at a defining ‘‘reasonable cost’’ or will be applied as specified in § 208.5 to financial institution a written establishing limits on fees, and any account provided by Treasury to certification that the individual does not expressed concern that their costs individuals who do not otherwise have access to an account. have an account with a financial would exceed any ceiling on fees set by institution unless the individual has Treasury. They considered ‘‘reasonable G. Section 208.7—Agency determined that he or she needs a cost’’ to include all costs plus a Responsibilities hardship waiver. Treasury will provide reasonable profit and argued that to Section 208.3 of the proposed rule individuals who certify that they do not regulate otherwise would discourage the sets forth the general rule that, effective have an account with access to an private sector from developing systems January 2, 1999, all Federal payments account in accordance with § 208.5. to address problems posed by the for which a waiver is not available must Proposed § 208.7(c) directs agencies to electronic payment mandate. be made by EFT. Proposed § 208.7 obtain from any individual who applies Section 3332(i)(2) provides: describes the agencies’ operational for a waiver under § 208.4 (a) or (b) a Regulations under this subsection shall responsibilities in carrying out this written certification that receiving ensure that individuals required under mandate. payment by EFT would impose a subsection (g) to have an account at a First, under proposed § 208.7(a), an hardship. As indicated above, agencies financial institution because of the application of subsection (f)(1)— agency must collect from each recipient may rely upon the individual’s assertion (A) will have access to such an account at who is required to receive payment by that a hardship exists; Treasury does not a reasonable cost; and EFT and who has an account with a expect agencies to go beyond the (B) are given the same consumer financial institution the information certification to evaluate the individual’s protections with respect to the account as required to make the payment. This circumstances. 48724 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules

H. Section 208.8—Recipient provision of the rule. This provision has a Federal payment by EFT. The Responsibilities been included in the event that collection of information is mandatory. Proposed § 208.8(a) implements 31 circumstances make such a waiver Section 3332(g), as amended, requires U.S.C. 3332(g), which requires necessary or appropriate. Under this recipients of Federal payments to recipients of Federal payments who are provision, the Secretary could grant a ‘‘provide to the Federal agency that required to receive payment by EFT to waiver not specifically provided for in makes or authorizes the payments designate a financial institution or an this part without having to amend the information necessary for the recipient authorized payment agent to which rule. to receive electronic funds transfer payment will be made and provide the IV. Special Analysis payments.’’ The likely respondents vary agency that makes or authorizes the depending on the agency making the Although it has been determined that payment with the information needed in payment. For the Service, the likely this proposed regulation is a significant order to deliver the payment by EFT. respondents are employees of the regulatory action for purposes of section Under the Privacy Act (5 U.S.C. 552a), Service who currently receive 3(f)(4) of Executive Order 12866, the such information is considered payments, such as payments for salary, Office of Management and Budget confidential with respect to individuals, travel reimbursement, or retirement, by (‘‘OMB’’) has waived the preparation of and may not be disclosed by the agency check; and individuals and vendors that a Regulatory Assessment. currently receive vendor payments by except as authorized by law. Pursuant to the Regulatory Flexibility Proposed § 208.8(b) provides that an check. Act, it is hereby certified that the individual who is required to receive The estimated total annual reporting proposed regulation, if adopted, will not payment by EFT and who does not have burden is 46 hours. The estimated have a significant economic impact on an account at a financial institution burden hours per respondent is 0.25 a substantial number of small entities. must certify in writing to the agency hours. The estimated number of Treasury has included eight categories making the payment that he or she does respondents is 183. These figures of waivers in the proposed rule. The not have an account. Such an individual represent the burden imposed by the first two categories are designed will be provided with access to an Service. The reporting burden imposed specifically to alleviate hardships that account provided by Treasury unless he by other agencies will be addressed by might be imposed on individuals, or she is eligible for a waiver. See the those agencies. including sole proprietors, as a result of discussion of § 208.5 above. Comments are specifically requested the mandatory conversion from check to Proposed § 208.8(c) requires all on: EFT. Further, the proposed rule does individuals who apply for a waiver 1. Whether the proposed collection of not prohibit small entities from under § 208.4 (a) or (b) to certify in information is necessary for the proper participating in the delivery of services writing that receiving payment by EFT performance of functions of the Service, to recipients who receive their Federal would impose a hardship. As discussed including whether the information will payments by EFT. Therefore, Treasury above in the section-by-section analysis have practical utility; believes the rule does not have a of § 208.4, an individual’s certification 2. The accuracy of the estimated significant economic impact on a would be based on the individual’s own burden associated with the proposed substantial number of small entities and evaluation of his or her circumstances. collection of information; that a regulatory flexibility analysis is 3. How the quality, utility, and clarity I. Section 208.9—Compliance not required. Treasury welcomes, however, all comments and specifically of the information to be collected may Section 208.9 of the proposed rule be enhanced; and provides for Treasury to monitor any comments related to the impact of the proposed rule on small entities. 4. How the burden of complying with agencies’ compliance with the EFT the proposed collection of information mandate. It further provides that The Paperwork Reduction Act of 1995 requires that collections of information may be minimized, including through agencies that fail to make payment by the application of automated collection EFT as required under this part may be prescribed in the proposed rules be submitted to the OMB for review and techniques and other forms of assessed a charge in accordance with 31 information technology. U.S.C. 3335. approval. Under this Act, an agency Treasury expects agencies to be in may not conduct or sponsor, and a List of Subjects in 31 CFR Part 208 person is not required to respond to, a compliance with the Act and this part Accounting, Banks, Banking, collection of information unless it by January 2, 1999, and will begin to Electronic Funds Transfer. monitor compliance as of that date. In displays a valid OMB control number. order to avoid placing an unnecessary Comments on the collection of Authority and Issuance administrative burden on agencies, information may be submitted to the For the reasons set out in the Treasury does not intend to impose an Office of Management and Budget, preamble, Part 208 of Title 31 is ongoing reporting requirement on Office of Information and Regulatory proposed to be revised to read as agencies that are in compliance with the Affairs, Attention: Desk Office for the follows. EFT mandate. Agencies found to be in Department of the Treasury, Financial noncompliance, however, may be Management Service, Washington, D.C. PART 208ÐMANAGEMENT OF required to submit information on the 20503, with copies to Jacqueline Perry, FEDERAL AGENCY DISBURSEMENTS methods by which they make payments. Public Reports Clearance Officer, Further, such agencies may be assessed Financial Management Service, 3361 Sec. a charge equal to an amount determined 75th Avenue, Landover, Maryland 208.1 Scope and application. 208.2 Definitions. by the Secretary to be the cost to the 20785. The collection of information in this 208.3 Payment by electronic funds transfer. general fund of the Treasury caused by 208.4 Waivers. such noncompliance. proposed regulation is contained in 208.5 Access to account provided by § 208.8. The information (name of J. Section 208.10—Reservation of Rights Treasury. financial institution, routing number, 208.6 Account requirements. Proposed § 208.10 specifically and account number) is required to 208.7 Agency responsibilities. authorizes the Secretary to waive any enable an agency to pay a recipient of 208.8 Recipient responsibilities. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules 48725

208.9 Compliance. (e) Financial institution means: § 208.4 Waivers. 208.10 Reservation of rights. (1) An entity described in section Payment by electronic funds transfer Authority: 5 U.S.C. 301; 31 U.S.C. 321, 19(b)(1)(A), excluding subparagraphs (v) is not required in the following cases: 3301, 3302, 3321, 3325, 3327, 3328, 3332, and (vii), of the Federal Reserve Act (12 (a) Where an individual who became 3335, and 6503. U.S.C. 461(b)(1)(A)). Under section eligible for a Federal payment before 19(b)(1)(A) of the Federal Reserve Act July 26, 1996, and who has an account § 208.1 Scope and application. and for purposes of this part only, the with a financial institution, certifies that This part applies to all Federal term ‘‘depository institution’’ means: payment by electronic funds transfer payments made by an agency and, (i) Any insured bank as defined in would impose a hardship on him or her except as specified in § 208.4, requires section 3 of the Federal Deposit due to a physical disability or such payments to be made by electronic Insurance Act (12 U.S.C. 1813) or any geographic barrier; funds transfer. This part does not apply bank which is eligible to make (b) Where an individual certifies that to payments under the Internal Revenue application to become an insured bank he or she does not have an account with Code of 1986 (26 U.S.C.). under section 5 of such Act (12 U.S.C. a financial institution and that payment § 208.2 Definitions. 1815); by electronic funds transfer under § 208.5 would impose a hardship due to (a) Agency means any department, (ii) Any mutual savings bank as a physical disability or geographic agency, or instrumentality of the United defined in section 3 of the Federal barrier, or would impose a financial States Government, or a corporation Deposit Insurance Act (12 U.S.C. 1813) hardship. In addition, the requirement owned or controlled by the Government or any bank which is eligible to make to receive payment by electronic funds of the United States. application to become an insured bank (b) Authorized payment agent means under section 5 of such Act (12 U.S.C. transfer is automatically waived for all any individual or entity that is 1815); individuals who certify that they do not appointed or otherwise selected as a (iii) Any savings bank as defined in have an account with a financial representative payee or fiduciary, under section 3 of the Federal Deposit institution until the earlier of January 2, regulations of the Social Security Insurance Act (12 U.S.C. 1813) or any 2000, or the date as of which the Administration, the Department of bank which is eligible to make Secretary determines that the account Veterans Affairs, the Railroad application to become an insured bank referred to in § 208.5 is available; Retirement Board, or other agency under section 5 of such Act (12 U.S.C. (c) Where the political, financial, or making Federal payments, to act on 1815); communications infrastructure in a foreign country does not support behalf of an individual entitled to a (iv) Any insured credit union as payment by electronic funds transfer; Federal payment. defined in section 101 of the Federal (d) Where the payment is to a (c) Electronic funds transfer means Credit Union Act (12 U.S.C. 1752) or recipient within an area designated by any transfer of funds, other than a any credit union which is eligible to the President or an authorized agency transaction originated by cash, check, or make application to become an insured administrator as a disaster area. This similar paper instrument, that is credit union pursuant to section 201 of waiver is limited to payments made initiated through an electronic terminal, such Act (12 U.S.C. 1781); telephone, computer, or magnetic tape, within 120 days after the disaster is (v) Any savings association (as declared; for the purpose of ordering, instructing, defined in section 3 of the Federal or authorizing a financial institution to (e) Where either: Deposit Insurance Act) (12 U.S.C. 1813) (1) A military operation is designated debit or credit an account. The term which is an insured depository by the Secretary of Defense in which includes, but is not limited to, institution (as defined in such Act) (12 armed forces undertake military actions Automated Clearing House transfers, U.S.C. 1811 et seq.) or is eligible to Fedwire transfers, and transfers made at against an enemy, or apply to become an insured depository (2) A call or order to, or retention on, automated teller machines and point-of- institution under the Federal Deposit active duty of members of the armed sale terminals. For purposes of this part Insurance Act (12 U.S.C. 1811 et seq.); forces is made during a war or national only, the term electronic funds transfer and emergency declared by the President or includes a credit card transaction. (2) Any agency or branch of a foreign (d) Federal payment means any Congress; bank as defined in section 1(b) of the (f) Where a threat may be posed to payment made by an agency. (1) The term includes, but is not International Banking Act, as amended national security, the life or physical limited to: (12 U.S.C. 3101). safety of any individual may be (i) Federal wage, salary and retirement (f) Individual means a natural person. endangered, or a law enforcement action payments; (g) Recipient means an individual, may be compromised; (ii) Vendor and expense corporation, or other public or private (g) Where the payment is non- reimbursement payments; entity that is authorized to receive a recurring and the cost of making the (iii) Benefit payments; and Federal payment from an agency. payment via electronic funds transfer (iv) Miscellaneous payments (h) Secretary means Secretary of the exceeds the cost of making the payment including, but not limited to: Treasury. by check. For purposes of this rule, interagency payments; grants; loans; (i) Treasury means the United States ‘‘non-recurring’’ means the agency does fees; principal, interest, and other Department of the Treasury. not expect to make more than one payments related to U.S. marketable and payment to the same recipient within a nonmarketable securities; overpayment § 208.3 Payment by electronic funds one-year period; and reimbursements; and payments under transfer. (h) Where an agency’s need for goods Federal insurance or guarantee Subject to § 208.4, and and services is of such unusual and programs for loans. notwithstanding any other provision of compelling urgency that the (2) For purposes of this part only, the law, effective January 2, 1999, all Government would be seriously injured term ‘‘Federal payment’’ does not apply Federal payments made by an agency unless payment is made by a method to payments under the Internal Revenue shall be made by electronic funds other than electronic funds transfer; or, Code of 1986. transfer. where there is only one source for goods 48726 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Proposed Rules or services and the Government would name of the broker or dealer, provided (b) Each individual who is required to be seriously injured unless payment is the account and all associated records receive payment by electronic funds made by a method other than electronic are structured so that the recipient’s transfer and who does not have an funds transfer. interest is protected under applicable account with a financial institution Federal or state deposit insurance must certify in writing, within the time § 208.5 Access to account provided by regulations. frame specified by the agency making Treasury. the payment, that he or she does not Where the requirement to pay by § 208.7 Agency responsibilities. have an account with a financial electronic funds transfer is not waived An agency shall: institution. Such individual will be under § 208.4 and an individual either (a) Obtain from each recipient who is provided an account as indicated in certifies that he or she does not have an required to receive payment by § 208.5. account with a financial institution, or electronic funds transfer and who has (c) Each individual who qualifies for, fails to provide information pursuant to an account with a financial institution, and wishes to apply for, a waiver under § 208.8, Treasury shall provide the the information required to make such § 208.4(a) or (b) must certify in writing, individual with access to an account at payment; within the time frame specified by the a Federally-insured financial institution agency making the payment, that selected by Treasury. Such account will (b) Obtain from each individual who is required to receive payment by receiving payment by electronic funds be provided at reasonable cost to the transfer would impose a hardship. individual and with the same consumer electronic funds transfer and who protections as other accounts at the indicates that he or she does not have § 208.9 Compliance. same financial institution. an account with a financial institution, a written certification that the (a) Treasury will monitor agencies’ § 208.6 Account requirements. individual does not have an account compliance with this part. Treasury may with a financial institution; and require agencies to provide information (a) All Federal payments made by about the methods by which they make electronic funds transfer shall be (c) Obtain from each individual who payments. deposited into an account at a financial applies for a waiver under § 208.4(a) or (b) If an agency fails to make payment institution. The account at the financial (b) a written certification that receiving by electronic funds transfer, as institution shall be in the name of the payment by electronic funds transfer prescribed under this part, Treasury recipient, except as provided in would impose a hardship. may assess a charge to the agency paragraph (b) of this section. pursuant to 31 U.S.C. 3335. (b) (1) Where an authorized payment § 208.8 Recipient responsibilities. agent has been selected, the Federal (a) Each recipient who is required to § 208.10 Reservation of rights. payment shall be deposited into an receive payment by electronic funds The Secretary reserves the right, in account titled in accordance with the transfer and who has an account with a the Secretary’s discretion, to waive any regulations governing the authorized financial institution must, within the provision(s) of the regulations in this payment agent. time frame specified by the agency part in any case or class of cases. (2) Where a Federal payment is to be making the payment, designate a deposited into an investment account financial institution through which the Dated: September 11, 1997. established through a securities broker payment may be made and provide the Russell D. Morris, or dealer registered under the Securities agency with the information requested Commissioner. Exchange Act of 1934, such payment by the agency in order to effect payment [FR Doc. 97–24553 Filed 9–15–97; 8:45 am] may be deposited into an account in the by electronic funds transfer. BILLING CODE 4810±35±P federal register September 16,1997 Tuesday Enemy Act Authorities UndertheTradingWith Extension oftheExerciseCertain Presidential DeterminationNo.97±32Ð The President Part III 48727

48729

Federal Register Presidential Documents Vol. 62, No. 179

Tuesday, September 16, 1997

Title 3— Presidential Determination No. 97–32 of September 12, 1997

The President Extension of the Exercise of Certain Authorities Under the Trading With the Enemy Act

Memorandum for the Secretary of State [and] the Secretary of the Treasury

Under section 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination made by me on August 27, 1996 (61 Fed. Reg. 46529), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 1997. I hereby determine that the extension for 1 year of the exercise of those authorities with respect to the applicable countries is in the national interest of the United States. Therefore, pursuant to the authority vested in me by section 101(b) of Public Law 95–223, I extend for 1 year, until September 14, 1998, the exercise of those authorities with respect to countries affected by: (1) the Foreign Assets Control Regulations, 31 CFR Part 500; (2) the Transaction Control Regulations, 31 CFR Part 505; and (3) the Cuban Assets Control Regulations, 31 CFR Part 515. The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register. œ–

THE WHITE HOUSE, Washington, September 12, 1997. [FR Doc. 97–24790 Filed 9–15–97; 9:27 am] Billing code 4810–31–M i

Reader Aids Federal Register Vol. 62, No. 179 Tuesday, September 16, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since E-mail [email protected] the revision date of each title. 10 CFR Laws 3 CFR For additional information 523±5227 Proclamations: 19...... 48165 7018...... 47911 50...... 47268 Presidential Documents Executive Orders: 207...... 46181 Executive orders and proclamations 523±5227 13061...... 48345 218...... 46181 The United States Government Manual 523±5227 Memorandums: 430...... 46181, 47536 1Presidential 490...... 46181 Determination No. 501...... 46181 Other Services 97±31 of August 16, 601...... 46181 Electronic and on-line services (voice) 523±4534 1997 ...... 47907 820...... 46181 Privacy Act Compilation 523±3187 Presidential 1013...... 46181 TDD for the hearing impaired 523±5229 Determination No. 1017...... 46181 97±32 of September 1050...... 46181 12, 1997 ...... 48729 Proposed Rules: ELECTRONIC BULLETIN BOARD 9...... 46922 5 CFR Free Electronic Bulletin Board service for Public Law numbers, 50...... 47268, 47588 Federal Register finding aids, and list of documents on public 338...... 46553 inspection. 202±275±0920 1201...... 48449 12 CFR 2423...... 46175 25...... 47728 PUBLIC LAWS ELECTRONIC NOTIFICATION SERVICE 2429...... 46175 208...... 47728 Free electronic mail notification of newly enacted Public Law is Proposed Rules: 210...... 48166 now available. To subscribe, send E-mail to [email protected] 532...... 46221 211...... 47728 with the message: SUBSCRIBE PENS-L FIRSTNAME LASTNAME. 7 CFR 369...... 47728 936...... 46872 FAX-ON-DEMAND 201...... 48456 301...... 47551, 47553 Proposed Rules: You may access our Fax-On-Demand service with a fax machine. 303...... 47969 There is no charge for the service except for long distance 361...... 48456 441...... 47745 337...... 47969 telephone charges the user may incur. The list of documents on 362...... 47969, 48025 public inspection and the daily Federal Register’s table of 457...... 47745 contents are available. The document numbers are 7050-Public 500...... 46431 633...... 48471 13 CFR Inspection list and 7051-Table of Contents list. The public 905...... 47913 inspection list is updated immediately for documents filed on an 105...... 48477 1011...... 46665, 47923 emergency basis. 1205...... 46412 14 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 1207...... 46175 11...... 46864 FILE. Documents on public inspection may be viewed and copied 1610...... 46867 13...... 46864 in our office located at 800 North Capitol Street, NW., Suite 700. 1735...... 46867 15...... 46864 The Fax-On-Demand telephone number is: 301±713±6905 1737...... 46867 1739...... 46867 39 ...... 46184, 46186, 46189, 1746...... 46867 47359, 47360, 47362, 47364, FEDERAL REGISTER PAGES AND DATES, SEPTEMBER Proposed Rules: 47753, 47754, 47927, 47930, 47931, 47933, 48477 46175±46430...... 2 Ch. XIII...... 47156 319...... 47770 71 ...... 46873, 46874, 47366, 46431±46664...... 3 400...... 47772 47756, 47757, 47758, 47759 46665±46866...... 4 1962...... 47384 121...... 48135 46867±47136...... 5 1965...... 47384 125...... 48135 47137±47358...... 8 1980...... 47384 135...... 48135 47359±47550...... 9 185...... 46864 47551±47744...... 10 8 CFR Proposed Rules: 47745±47912...... 11 214...... 48138 39 ...... 46221, 48187, 48189, 47913±48164...... 12 235...... 47749 48499, 48502, 48506, 48510, 48165±48448...... 15 274a...... 46553 48513, 48517, 48520, 48524, 48528, 48531, 48535, 48538, 48449±48730...... 16 Proposed Rules: 3...... 48183 48542, 48546, 48549, 48553, 236...... 48183 48556, 48560, 48563, 48567, 48570, 48574, 48577, 48581 9 CFR 71 ...... 47776, 47777, 47778, 77...... 48165 47779, 47780, 47781, 48025 78...... 48475 107...... 48190 94...... 46179 108...... 48190 96...... 46179 139...... 48190 Proposed Rules: 255...... 47606 319...... 46450 260...... 48584 ii Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Reader Aids

15 CFR 884...... 46686 3...... 47532 25...... 48486 922...... 47137 9...... 47532 26...... 47960 22 CFR 54...... 47369 Proposed Rules: 39 CFR 61...... 48485 280...... 47240 41...... 48149 64 ...... 46447, 47152, 47237, 911...... 47388 514...... 46876 20...... 47558 47369 922...... 47611 Proposed Rules: 24 CFR 20...... 47394 68...... 47371 16 CFR Ch. V...... 47284 111...... 47178, 48191 69...... 47369, 48485 73 ...... 47371, 47762, 47763 1000...... 46666 Proposed Rules: 40 CFR 79...... 48487 1014...... 46666 968...... 47740 1000...... 47783 9...... 47114 90...... 46211 1015...... 46192 97...... 47960, 47961 1021...... 46666 1003...... 47783 32...... 47149 1051...... 46666 1005...... 47783 52 ...... 46199, 46202, 46208, Proposed Rules: 1...... 46241, 48034 1115...... 46666 46446, 46880, 47369, 47760, 54...... 47404, 48042 1211...... 46666 25 CFR 47946, 48480, 48483 64...... 47404 1402...... 46666 Proposed Rules: 55...... 46406 69...... 48042 1406...... 46666 502...... 46227 60...... 48348 73 ...... 46707, 46708, 47406, 1500...... 46666 81...... 46208 47786, 47787 1502...... 46666 26 CFR 86...... 47114 76...... 46453 1700...... 46666 136...... 48394 1...... 46876, 46877 80...... 46243 1702...... 46666 180 ...... 46882, 46885, 46888, 28 CFR 46894, 46900, 47560, 47561 90...... 46468 17 CFR Proposed Rules: 185...... 47561 48 CFR 186...... 46900, 47561 200...... 47367 540...... 47894 204...... 48181 202...... 47934 271...... 47947 300...... 46211 212...... 47153 230...... 47934 29 CFR 225...... 47153 232...... 47934 1910...... 48175 Proposed Rules: 231...... 47154 239...... 47934 4044...... 48176 9...... 46937 244...... 47153 52 ...... 46228, 46229, 46451, 270...... 47934 Proposed Rules: 252...... 47153 46938, 47399, 47784, 48026, 274...... 47934 2560...... 47262 253...... 48181 Proposed Rules: 48027, 48033, 48584, 48585, 704...... 47532 1...... 47612 30 CFR 48586, 715...... 47532 60...... 46453 30...... 47612 914...... 47138 726...... 47532 33...... 47612 63...... 46804 Proposed Rules: 750...... 47532 190...... 47612 70...... 46451 100...... 47330 752...... 47532 79...... 47400 1602...... 47569 19 CFR 773...... 47617 81 ...... 46229, 46234, 46238 870...... 47617 1603...... 47569 7...... 46433 86...... 46937 917...... 46933 1604...... 47569 10...... 46433, 46553 170...... 47544 934...... 46695 1615...... 47569 148...... 46433 260...... 47401 1616...... 47569 261...... 47401, 47402 178...... 46433 31 CFR 1629...... 47569 273...... 47401 Proposed Rules: Ch. V...... 48177 1631...... 47569 351...... 46451 300 ...... 46938, 47619, 47784 103...... 47141 1643...... 47569 1644...... 47569 20 CFR 344...... 46443 41 CFR 357...... 46860 1645...... 47569 222...... 47137 Proposed Rules: 1649...... 47569 Proposed Rules: 229...... 47137 101±1...... 47179 1652...... 47569 103...... 47156 101±46...... 47179 1653...... 47569 Proposed Rules: 208...... 48714 404...... 46682 212...... 46428 42 CFR Proposed Rules: 46...... 47882 21 CFR 416...... 47237 32 CFR 204...... 48200 10...... 47760 440...... 47896 212...... 47407, 48200 199...... 46877 20...... 47760 Proposed Rules: 215...... 48205 311...... 46445 25...... 47760 416...... 46698 225...... 47407 505...... 48480 50...... 46198 1000...... 47182 252...... 47407, 48200 706...... 47944 56...... 46198 1001...... 47182, 47195 833...... 47411 1002...... 47182 71...... 47760 33 CFR 852...... 47411 101...... 47760 1005...... 47182 170...... 47760 100...... 46553, 46669 49 CFR 43 CFR 171...... 47760 117...... 46879, 46880 172...... 46214 312 ...... 46198, 46875, 47760 151...... 46446 1810...... 47568 174...... 46214 314...... 46198, 47760 165...... 46670, 46671 175...... 46214 511...... 47760 Proposed Rules: 44 CFR 176...... 46214 514...... 47760 117...... 46697 65...... 47954 177...... 46214 520...... 46668 334...... 47166 67...... 47955 193...... 48496 558...... 46443 Proposed Rules: 571...... 46907 35 CFR 570...... 47760 67...... 48193 575...... 46447 571...... 47760 104...... 48178 580...... 47763 601...... 46198, 47760 46 CFR 1002...... 46217, 48497 610...... 48174 36 CFR 28...... 46672 1108...... 46217, 48497 812...... 46198, 47760 Proposed Rules: 298...... 47149 1121...... 47583 814...... 46198, 47760 292...... 47167 1150...... 47583 Proposed Rules: 47 CFR 1206...... 46919 310...... 46223, 47532 38 CFR 1...... 47960 Proposed Rules: 334...... 46223 1...... 47532 2...... 47960 571...... 47414 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Reader Aids iii

50 CFR 285...... 48497 660...... 46920, 47587 Proposed Rules: 17 ...... 46709, 46710, 48206 20...... 46420 600...... 47584 679 ...... 46680, 46681, 47768, 622 ...... 46677, 46679, 47765, 20...... 46801 25...... 47372 48497, 48498 47766 630...... 47416 32...... 47372 648...... 47767 648 ...... 46470, 48047, 48207 iv Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Reader Aids

REMINDERS TRANSPORTATION compensation of former Pennsylvania; comments The items in this list were DEPARTMENT incarcerated operatives; due by 9-22-97; published editorially compiled as an aid Federal Aviation comments due by 9-23-97; 8-21-97 to Federal Register users. Administration published 7-25-97 Air quality implementation Inclusion or exclusion from Airworthiness directives: ENVIRONMENTAL plans; √A√approval and this list has no legal Boeing; published 8-12-97 PROTECTION AGENCY promulgation; various significance. Air pollutants, hazardous; States; air quality planning TRANSPORTATION purposes; designation of DEPARTMENT national emission standards: √ √ areas: RULES GOING INTO Research and Special Synthetic 1 organic chemical manufacturing Indiana; comments due by EFFECT SEPTEMBER 16, Programs Administration 9-25-97; published 8-26- Pipeline safety: industry and other 1997 processes subject to 97 Liquefied natural gas equipment leaks Clean Water Act: regulations; miscellaneous AGRICULTURE negotiated regulation Pharmaceutical amendments; published 9- DEPARTMENT manufacturingÐ 16-97 Correction; comments due Animal and Plant Health by 9-22-97; published Effluent limitations Inspection Service 8-22-97 guidelines, pretreatment Interstate transportation of COMMENTS DUE NEXT Synthetic √2√organic standards, and new animals and animal products WEEK chemical manufacturing source performance (quarantine): industry; chemical standards; comments Brucellosis in cattle and AGRICULTURE production processes list; due by 9-22-97; bisonÐ DEPARTMENT additions and deletions; published 8-8-97 State and area Agricultural Marketing comments due by 9-22- Solid waste: classifications; published Service 97; published 8-22-97 Hazardous waste 9-16-97 Cherries (tart) grown inÐ Air pollution control; new combustors, etc.; AGRICULTURE Michigan et al.; comments motor vehicles and engines: maximum achievable DEPARTMENT due by 9-24-97; published National low emission control technologies Natural Resources 8-25-97 vehicle program; voluntary performance standards; Conservation Service Kiwifruit grown inÐ standards; State comments due by 9-24- commitments; comments 97; published 9-9-97 Water Bank Program: California; comments due by due by 9-22-97; published 9-25-97; published 8-26- Superfund program: Responsibility transferred 8-22-97 from Agricultural 97 National oil and hazardous Air pollution; standards of Stabilization and Oranges, grapefruit, substances contingency performance for new Conservation Service to tangerines, and tangelos planÐ stationary sources: NRCS; published 9-16-97 grown in Florida; comments National priorities list Municipal waste update; comments due DEFENSE DEPARTMENT due by 9-22-97; published combustorsÐ by 9-22-97; published Army Department 9-12-97 Pears (Bartlett) grown in Standards and emission 8-22-97 Privacy Act; implementation; guidelines; comments Water pollution control: published 9-16-97 Oregon et al.; comments due by 9-24-97; published due by 9-24-97; Water quality standardsÐ ENVIRONMENTAL published 8-25-97 8-25-97 California; priority toxic PROTECTION AGENCY AGRICULTURE Standards and emission pollutants; numeric Air programs: DEPARTMENT guidelines; comments criteria; comments due due by 9-24-97; Ambient air quality Federal Crop Insurance by 9-26-97; published published 8-25-97 standards, nationalÐ Corporation 8-5-97 Standards and emission Ozone; published 7-18-97 Crop insurance regulations: FEDERAL guidelines; comments Particulate matter; Stonefruit; comments due by COMMUNICATIONS published 7-18-97 due by 9-24-97; COMMISSION 9-22-97; published 7-22- published 8-25-97 Particulate matter; 97 Common carrier services: reference and Standards and emission COMMERCE DEPARTMENT Access chargesÐ equivalent methods; guidelines; comments Subscriber line charges, published 7-18-97 National Oceanic and due by 9-24-97; Atmospheric Administration published 8-25-97 etc.; price cap rules; FEDERAL Fishery conservation and primary lines definition; COMMUNICATIONS Air quality implementation management: comments due by 9-25- COMMISSION plans: West Coast States and 97; published 9-12-97 Common carrier services: Preparation, adoption, and Western Pacific submittalÐ Communications equipment: Access chargesÐ fisheriesÐ Volatile organic Radio frequency devicesÐ Local exchange carriers; Sablefish; comments due compounds definition; Unlicensed services price cap performance by 9-22-97; published methyl acetate operation; spectrum review, etc.; correction; 9-5-97 exclusion; comments etiquette; use of 59-64 published 9-16-97 DEFENSE DEPARTMENT due by 9-24-97; GHz band; comments MERIT SYSTEMS due by 9-26-97; Civilian health and medical published 8-25-97 PROTECTION BOARD published 8-27-97 program of uniformed Air quality implementation Practices and procedures: services (CHAMPUS): plans; approval and Radio broadcasting: Original jurisdiction cases; Active duty dependents promulgation; various Pole attachments; comments delegation of authority, dental plan; extension to States: due by 9-26-97; published etc.; published 9-16-97 overseas areas; California; comments due by 8-18-97 SMALL BUSINESS comments due by 9-23- 9-24-97; published 8-25- Radio stations; table of ADMINISTRATION 97; published 7-25-97 97 assignments: Conflict of interests; published Vietnam, Democratic Republic Ohio; comments due by 9- Missouri; comments due by 9-16-97 (North Vietnam); 24-97; published 8-25-97 9-22-97; published 8-6-97 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Reader Aids v

Wisconsin; comments due Illinois cave amphipod; File material claims; use Class E airspace; comments by 9-22-97; published 8-6- comments due by 9-26- and disclosure; comments due by 9-22-97; published 97 97; published 7-28-97 due by 9-23-97; published 8-22-97 Television broadcasting: Keck's checker mallow; 7-28-97 TREASURY DEPARTMENT Cable television systemsÐ comments due by 9-26- POSTAL SERVICE 97; published 7-28-97 Domestic Mail Manual: Alcohol, Tobacco and Telecommunications National wildlife refuge Commercial mail receiving Firearms Bureau services inside wiring; system: cable home wiring agency; delivery of mail; Alcohol; viticultural area Midway Islands and Midway procedure clarification; disposition; comments Atoll National Wildlife designations: comments due by 9-26- due by 9-25-97; Refuge; administration; 97; published 8-27-97 Yorkville Highlands, published 9-3-97 comments due by 9-26- Mendocino County, CA; Television stations; table of 97; published 8-27-97 International Mail Manual: comments due by 9-23- assignments: INTERIOR DEPARTMENT Global package link (GPL) serviceÐ 97; published 7-25-97 California; comments due by Minerals Management 9-22-97; published 8-6-97 Service Mexico and Singapore; TREASURY DEPARTMENT comments due by 9-25- FEDERAL RESERVE Royalty management: 97; published 8-26-97 Thrift Supervision Office SYSTEM Federal leases; natural gas Freedom of Information Act; valuation regulations; TRANSPORTATION Fiduciary powers of Federal implementation amendments; withdrawn; DEPARTMENT savings associations; supplemental information Coast Guard Federal Open Market revision; and Community comment request; Committee; information Offshore supply vessels; Reinvestment Act comments due by 9-22- availability; comments due comments due by 9-23-97; regulations; exempt savings 97; published 7-18-97 by 9-25-97; published 8- published 7-25-97 associations; comments due 26-97 INTERIOR DEPARTMENT Regattas and marine parades: by 9-22-97; published 7-23- National Park Service 97 HEALTH AND HUMAN Miller Lite Offshore National Park System: Challenge Boat Race at SERVICES DEPARTMENT VETERANS AFFAIRS Safety belts; required use Islamorada, FL; comments DEPARTMENT Children and Families by all motor vehicle due by 9-25-97; published Administration occupants; comments due 8-26-97 Medical benefits: Child care and development by 9-26-97; published 7- TRANSPORTATION 28-97 Non-VA physician services; fund; comments due by 9- DEPARTMENT 22-97; published 7-23-97 INTERIOR DEPARTMENT outpatient or inpatient Federal Aviation care provided at non-VA HEALTH AND HUMAN Surface Mining Reclamation Administration and Enforcement Office facilities; payment; SERVICES DEPARTMENT Airworthiness directives: Permanent program and comments due by 9-22- Food and Drug Avco Lycoming et al.; 97; published 7-22-97 Administration abandoned mine land reclamation plan comments due by 9-26- Food for human consumption: submissions: 97; published 7-28-97 Food labelingÐ Ayres Corp.; comments due Virginia; comments due by LIST OF PUBLIC LAWS Dietary sugar alcohols 9-24-97; published 8-25- by 9-26-97; published 7- and dental caries; 97 10-97 health claims; JUSTICE DEPARTMENT British Aerospace; Note: No public bills which have become law were comments due by 9-22- Immigration and comments due by 9-26- received by the Office of the 97; published 7-9-97 Naturalization Service 97; published 7-28-97 Federal Register for inclusion Medical devices: Immigration: Cessna Aircraft Co.; in today's List of Public Permanent residence status comments due by 9-26- Premarket approval Laws applications, approval and eligibility restrictions; 97; published 7-23-97 denial; procedures temporary removal; Fokker; comments due by Last List August 19, 1997 revision; comments due comments due by 9-22- 9-22-97; published 8-11- by 9-25-97; published 6- 97; published 7-23-97 97 27-97 JUSTICE DEPARTMENT Israel Aircraft Industries; comments due by 9-22- INTERIOR DEPARTMENT Freedom of Information Act and Privacy Act; 97; published 8-11-97 Fish and Wildlife Service Public Laws Electronic implementation; comments McDonnell Douglas; Notification Service Endangered and threatened due by 9-25-97; published comments due by 9-22- species: 8-26-97 97; published 8-11-97 Findings on petitions, etc.Ð LABOR DEPARTMENT New Piper Aircraft, Inc.; Stone Mountain fairy Privacy Act; implementation; comments due by 9-22- Free electronic mail shrimp; comments due comments due by 9-23-97; 97; published 7-24-97 notification of newly enacted Public Laws is now available. by 9-22-97; published published 7-28-97 Raytheon; comments due by To subscribe, send E-mail to 7-22-97 LABOR DEPARTMENT 9-23-97; published 7-30- [email protected] with the 97 Hawaiian ferns (four Workers' Compensation message: species); comments due Programs Office Class B airspace; comments by 9-22-97; published 7- Federal Employees due by 9-22-97; published SUBSCRIBE PENS-L 22-97 Compensation Act: 8-22-97 FIRSTNAME LASTNAME.