Unknown. Final rule; withdrawal
3,239 words·~15 min read·
/register/2000/07/12/00-17622·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2000-07-12.xml --- 65 134 Wednesday, July 12, 2000 Contents Agriculture Agriculture Department See Forest Service Air Force Air Force Department NOTICES Agency information collection activities: Proposed collection; comment request, 42996 00-17542 Environmental statements; availability, etc.: F-22 Operational Wing; beddown, 42996 00-17543 Centers Centers for Disease Control and Prevention NOTICES Meetings: Human immunodeficiency virus (HIV)— National HIV Prevention Plan, 43024 00-17572 Injury Research Grant Review Committee, 43024 00-17573 Commerce Commerce Department See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:
China, 42993-42995 00-17589 Oman, 42995-42996 00-17590 Customs Customs Service PROPOSED RULES Bonded warehouses: General order warehouses, 42893-42900 00-17639 Defense Defense Department See Air Force Department Emergency Emergency Oil and Gas Guaranteed Loan Board NOTICES Agency information collection activities: Proposed collection; comment request, 42996-42997 00-17592 Emergency Emergency Steel Guarantee Loan Board NOTICES Agency information collection activities: Proposed collection; comment request, 42997 00-17591 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
Minnesota, 42861-42863 00-17347 Hazardous waste program authorizations: Delaware, 42871-42879 00-17345 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Bifenthrin, 42863-42871 00-17618 PROPOSED RULES Air programs: Fuels and fuel additives— Reformulated gasoline adjustment, 42920-42936 00-17351 Air quality implementation plans; approval and promulgation; various States: Connecticut, 42900-42907 00-17186 Massachusetts, 42907-42913 00-17187 Minnesota, 42919-42920 00-17348 Rhode Island, 42913-42919 00-17188 Hazardous waste:
Land disposal restrictions— Spent potliners from primary aluminum reduction
(K088)treatment standards and K088 vitrification units regulatory classification, 42937-42959 00-16965 Hazardous waste program authorizations: Delaware, 42959-42960 00-17346 Water pollution control: National Pollutant Discharge Elimination System— Ocean discharge criteria; meetings, 42936-42937 00-17751 NOTICES Air pollution control: Citizens suits; proposed settlements— Midwest Ozone Group et al., 43002-43003 00-17616 Meetings: Science Advisory Board, 43003-43004 00-17617 Pesticide, food, and feed additive petitions: Aventis CropScience, 43004-43009 00-17356 Reports and guidance documents; availability, etc.: Emissions reductions from motor vehicles operated on low-sulfur gasoline as new source review offsets for Tier 2/gasoline sulfur refinery projects, 43009 00-17615 Food Quality Protection Act; science policy issues— Available information on assessing exposure to pesticides in food; user's guide, 43009-43011 00-17493 Executive Executive Office of the President See Presidential Documents Export Export Administration Bureau RULES Export licensing: Commerce control list— Wassenaar Arrangement List of Dual-Use Items; implementation; Categories 1, 2, 3, 4, 5, 6, and 9 revisions for security reasons, 43129-43146 00-17154 FAA Federal Aviation Administration RULES Airworthiness directives: Raytheon, 42855-42856 00-17622 Class E airspace, 00-17606 42856-42860 00-17607 00-17608 00-17609 00-17610 NOTICES Airport noise compatibility program: Noise exposure map— T.F. Green Airport, RI, 43070-43071 00-17611 Passenger facility charges; applications, etc.: Trenton Mercer Airport, NJ, 43072 00-17612 FCC Federal Communications Commission RULES Common carrier services: Wireless telecommunication services— 746-764 and 776-794 MHz bands; service rules; reconsideration petitions, 42879-42883 00-17648 PROPOSED RULES Common carrier services: Digital television broadcasting— 746-764 and 776-794 MHz bands; carriage of transmission, 42960-42962 00-17649 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Georgia Power Co., 43000-43001 00-17551 Grand River Dam Authority, 43001 00-17550 Hydroelectric applications, 00-17549 43001-43002 00-17553 *Applications, hearings, determinations, etc.:* Clear Creek Storage Co., L.L.C., 42997-42998 00-17557 KN Wattenberg Transmission L.L.C., 42998 00-17555 Millennium Pipeline Co., L.P., 42998-42999 00-17548 Morgan Stanley Capital Group, Inc., 42999 00-17558 Natural Gas Pipeline Co. of America, 42999-43000 00-17554 00-17556 Southern Natural Gas Co., 43000 00-17593 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: New Jersey Transit Corp., 43072-43084 00-17636 Federal Reserve Federal Reserve System PROPOSED RULES Truth in lending (Regulation Z): Home-equity lending market; predatory lending practices; hearings, 42889-42893 00-17520 NOTICES Banks and bank holding companies: Change in bank control, 43011 00-17563 Formations, acquisitions, and mergers, 43011-43012 00-17565 Daylight overdraft posting rules; policy statement; correction, 43012 00-17552 Federal Open Market Committee: Domestic policy directives, 43012 00-17582 Privacy Act: Systems of records, 43012-43019 00-17519 FTC Federal Trade Commission NOTICES Reports and guidance documents; availability, etc.: Cigarettes, domestic; tar, nicotine, and carbon monoxide yield of 1294 varieties, 43019 00-17588 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Morro shoulderband snail, 42962-42973 00-17257 Large-flowered skullcap; reclassification, 42973-42978 00-17561 NOTICES Environmental statements; notice of intent: Lower Colorado River, AZ, CA, and NV; multi-species conservation progam, 43031-43034 00-17578 Food Food and Drug Administration NOTICES Food additive petitions: BetzDearborn, 43024 00-17603 Minnesota Mining & Manufacturing Co., 43025 00-17602 00-17604 Forest Forest Service NOTICES Agency information collection activities: Proposed collection; comment request, 42981-42982 00-17580 Land exchanges: Colorado, 42982-42985 00-17581 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Grant and cooperative agreement awards: Association for American Indian Physicians, 43019-43020 00-17527 National Council of La Raza, 43020-43021 00-17529 National Medical Association, 43021 00-17528 Meetings: Dietary supplements containing ephedrine alkaloids; safety information, 43021-43023 00-17526 Genetic Testing Advisory Committee, 43023 00-17533 Vital and Health Statistics National Committee, 43023 00-17632 Health Health Care Financing Administration NOTICES Agency information collection activities: Proposed collection; comment request, 43025-43026 00-17545 Submission for OMB review; comment request, 43026 00-17544 Health Health Resources and Services Administration NOTICES Meetings: Asian Americans and Pacific Islanders, President's Advisory Commission; White House Initiative, 43026 00-17525 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 43031 00-17521 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau NOTICES Meetings: Northwestern Hawaiian Islands coral reef ecosystem protection, 43205-43207 00-17587 IRS Internal Revenue Service PROPOSED RULES Income taxes: Bad debt reserves of thrift institutions; withdrawn, 42900 00-17643 International International Trade Administration NOTICES Antidumping: Circular seamless stainless steel hollow products from— Japan, 42985-42986 00-17645 Corrosion-resistant carbon steel flat products from— Japan, 42986-42988 00-17646 Mechanical transfer presses from— Japan, 42988-42989 00-17647 Stainless steel bar from—- India, 42989-42990 00-17644 Export trade certificates of review, 42990-42992 00-17613 International International Trade Commission NOTICES Import investigations: Glycine from— China, 43037-43038 00-17627 Meetings; Sunshine Act, 43038 00-17775 Justice Justice Department NOTICES Pollution control; consent judgments: Eason, Michael P., et al., 43038 00-17530 Labor Labor Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 43038-43039 00-17605 Land Land Management Bureau NOTICES Closure of public lands: Oregon, 43034 00-17575 Environmental statements; availability, etc.: Nevada; abandoned mined lands physical safety hazard abatement, 43034-43035 00-17574 Environmental statements; notice of intent: Headwaters Forest Reserve, CA, 43035 00-17576 Realty actions; sales, leases, etc.: Idaho, 43035-43036 00-17577 Marine Marine Mammal Commission NOTICES Meetings; Sunshine Act, 43039 00-17701 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 43026-43027 00-17534 Meetings: National Cancer Institute, 43027 00-17535 National Human Genome Research Institute, 43028 00-17537 National Institute of Allergy and Infectious Diseases, 43028 00-17536 National Institute of Mental Health, 43029-43030 00-17541 National Institute on Alcohol Abuse and Alcoholism, 43029 00-17540 National Institute on Drug Abuse, 00-17538 43028-43029 00-17539 Patent licenses; non-exclusive, exclusive, or partially exclusive: InTissue, Inc., 43030 00-17532 Vascular Architects, Inc., 43030-43031 00-17531 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific Ocean Perch, 42888 00-17601 Atlantic highly migratory species— Atlantic Bluefin Tuna, 42883-42888 00-17620 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf of Mexico, and South Atlantic fisheries— Gulf of Mexico reef fish, 42978-42979 00-17629 Northeastern United States fisheries— New England Fishery Management Council; meetings, 42979-42980 00-17630 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 42992 00-17631 Northwestern Hawaiian Islands coral reef ecosystem protection, 43205-43207 00-17587 Permits: Endangered and threatened species, 42992-42993 00-17628 National Park National Park Service NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 43036 00-17523 Meetings: Native American Graves Protection and Repatriation Review Committee, 43036-43037 00-17524 National Science National Science Foundation NOTICES Meetings: Civil and Mechanical Systems Special Emphasis Panel, 43039 00-17634 Engineering Education and Centers Special Emphasis Panel, 43039 00-17633 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 43040 00-17623 Meetings; Sunshine Act, 43040 00-17780 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 43040-43058 00-17625 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees: Federal Career Intern Program (EO 13162), 43211-43212 00-17829 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Central Arizona Project, AZ— Water supply allocation and long-term contract execution, 43037 00-17637 Environmental statements; notice of intent: Lower Colorado River, AZ, CA, and NV; multi-species conservation program, 43031-43034 00-17578 SEC Securities and Exchange Commission PROPOSED RULES Securities, etc.: Auditor independence requirements, 43147-43203 00-17207 NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 43060-43066 00-17595 Chicago Stock Exchange, Inc., 43066-43067 00-17596 National Association of Securities Dealers, Inc., 43067-43069 00-17547 Philadelphia Stock Exchange, Inc., 43069-43070 00-17597 *Applications, hearings, determinations, etc.:* Pitcairn Trust Co. et al., 43058-43059 00-17594 SBA Small Business Administration NOTICES Disaster loan areas: Texas, 43070 00-17559 State State Department NOTICES Art objects; importation for exhibition: Arts of Hon’ami Koetsu, Japanese Renaissance Master, 43070 00-17256 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office RULES Repurchases of stock by recently converted savings associations, mutual holding company dividend waivers, and Gramm-Leach-Bliley Act changes, 43087-43091 00-16346 PROPOSED RULES Mutual savings associations, mutual holding company reorganizations, and conversions from mutual to stock form, 43091-43128 00-16347 NOTICES *Applications, hearings, determinations, etc.:* First Federal Bancshares, Inc., 43085 00-17626 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Customs Service See Internal Revenue Service See Thrift Supervision Office NOTICES Boycotts, international: Countries requiring cooperation; list, 43084 00-17546 Separate Parts In This Issue Part II Department of Treasury, Office of Thrift Supervision, 43087-43128 00-16346 00-16347 Part III Department of Commerce, Export Administration, 43129-43146 00-17154 Part IV Securities and Exchange Administration, 43147-43203 00-17207 Part V Department of Commerce, National Oceanic and Atmospheric Administration, 43205-43207 00-17587 Part VI The President, 43211-43212 00-17829 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 134 Wednesday, July 12, 2000 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 98-CE-61-AD; Amendment 39-11061; AD 99-05-13] RIN 2120-AA64 Airworthiness Directives; Raytheon Aircraft Company Beech 17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; withdrawal. SUMMARY: This amendment withdraws Airworthiness Directive
(AD)99-05-13, which currently applies to Raytheon Aircraft Company (Raytheon) Beech 17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 series airplanes. AD 99-05-13 requires installing a placard on the fuel tank selector to warn of the no-flow condition that exists between the fuel tank detents. Since the issuance of AD 99-05-13, the Federal Aviation Administration
(FAA)has re-evaluated all information related to this subject, and determined that the subject matter in this AD is an operational issue and does not address an unsafe condition. Accordingly, this action withdraws AD 99-05-13. FOR FURTHER INFORMATION CONTACT: Mr. Jeff Pretz, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone:
(316)946-4153; facsimile:
(316)946-4407. SUPPLEMENTARY INFORMATION: Discussion Has FAA Taken Any Action to This Point? Reports of engine stoppage on Raytheon Beech 17, 18, 19, 23, 24, 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 series airplanes caused FAA to issue AD 99-05-13, Amendment 39-11061 (64 FR 10560, March 5, 1999). AD 99-05-13 currently requires installing a placard on the fuel tank selector to warn of the no-flow condition that exists between the fuel tank detents. After issuing AD 99-05-13, we re-evaluated all information related to the subject matter of this AD and determined that: • The positioning of the fuel selector is an operational issue and not an unsafe condition under part 39 of the Federal Aviation Regulations (14 CFR part 39) and should be handled by other methods; • Normal operating and procedural information such as this should be handled through regular revisions to the Airplane Flight Manual
(AFM)or Pilot's Operating Handbook (POH); and • Issuing an AD to require a placard that conveys normal operating information reduces the pilots' sensitivity to true emergency information that should be conveyed by placards. Consequently, FAA issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to withdraw AD 99-05-13. This proposal published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on March 30, 2000 (65 FR 16845). Was the Public Invited to Comment? The FAA invited interested persons to participate in the making of this amendment. The following describes each comment and presents FAA's response. Comment Issue No. 1: AD is Valid if an Unsafe Condition Exists What is the Commenter's Concern? One commenter states that FAA is withdrawing this AD because it is an operational issue and should be handled by other methods. The commenter believes that the AD is valid because FAA has the authority to issue an AD on any issue as long as an unsafe condition exists. What is FAA's Response to the Concern? We concur that we have the authority and responsibility to act on an unsafe condition, regardless of the factors that create the unsafe condition. We were in error in including information in the NPRM specifying that an operational procedure cannot be the subject of an AD. However, we determined that the fuel selector valve, when functioning properly and used properly, does not create an unsafe condition. The FAA determined that the procedures to operate the fuel selector valve are readily available and that our authority is not to issue AD's against aircraft where the operators do not operate the equipment correctly. Utilizing positive detent to assure that the fuel valve is fully open to the tank selected is considered a standard design practice in the aircraft industry. We are not changing the AD action as a result of this comment. Comment Issue No. 2: AD is Needed for Airplanes Without an AFM/POH What is the Commenter's Concern? One commenter states that many airplanes currently affected by AD 99-05-13 are not required to have a POH, and Civil Aviation Regulations
(CAR)part 3 allows a manufacturer to use placards instead of an AFM. The commenter believes that, for these reasons, the AD is valid. What is FAA's Response to the Concern? We concur that many aircraft do not require a POH and were certificated under CAR part 3 where the use of placards is acceptable over an AFM. However, airplanes in this situation usually only have placards installed that contain safety information when an unusual design, operating, or handling characteristic is prevalent. The FAA has the authority to issue an AD to require operational placards. However, as discussed above, utilizing a positive detent to assure that the fuel valve is fully open to the tank selected is considered a standard design practice in the aircraft industry. We are not changing the AD action as a result of this comment. Comment Issue No. 3: Placards Are Necessary to Convey Safe Operation What is the Commenter's Concern? One commenter states that the AD is valid because placards are necessary to convey safe operation for airplanes certificated under the Civil Aviation Regulations and part 23 of the Federal Aviation Regulations (14 CFR part 23). The commenter also states that placards should not be limited to only emergency information. What is FAA's Response to the Concern? We concur that placards are not just limited to emergency information. All required placards should convey information for safe operation. However, both CAR 3.777/3.777-1 and 14 CFR 23.1541 state that placards should convey safe operation information if the aircraft has unusual design, operation, or handling characteristics. As discussed previously, utilizing a positive detent to assure that the fuel valve is fully open to the tank selected is considered a standard design practice in the aircraft industry. We are not changing the AD action as a result of this comment. Comment Issue No. 4: FAA Has Changed the Definition of Unsafe Condition What is the Commenter's Concern? One commenter states that, by withdrawing AD 99-05-13, FAA will have changed the historical definition of an unsafe condition. We infer that the commenter wants to maintain the effectiveness of AD 99-05-13. What is FAA's Response to the Concern? We do not concur that we have altered the definition of an unsafe condition. Determination of an unsafe condition is based on each individual situation. Factors that are considered include the design, operation, or handling characteristics of the type design airplanes. As discussed above, utilizing a positive detent to assure that the fuel valve is fully open to the tank selected is considered a standard design practice in the aircraft industry. We are not changing the AD action as a result of this comment. Comment Issue No. 5: Numerous Occurrences Justify the Current AD What is the Commenter's Concern? One commenter states that placing a warning placard specifying the safe operation of the fuel selector as AD 99-05-13 requires supports the 49 occurrences from the records of the National Transportation Safety Board (NTSB). We infer that the commenter wants to maintain the effectiveness of AD 99-05-13. What is FAA's Response to the Concern? We do not concur with the commenter's assessment. We have reviewed 37 reports of the above-referenced 49 occurrences (commenter only provided 37). Approximately half of the occurrences listed the cause as fuel starvation in combination with the fuel selector not positioned in the detent. The most prevalent cause was failure to follow checklist procedures. In no instance was the pilot's lack of knowledge or understanding of the positioning of the fuel selector listed as the cause of the occurrence. In addition, NTSB has not recommended that FAA issue an AD on this subject. Therefore, we conclude that the commenter believes NTSB supports the placard requirement, when in fact, NTSB has made no recommendation supporting it. Again, utilizing a positive detent to assure that the fuel valve is fully open to the tank selected is considered a standard design practice in the aircraft industry. We are not changing the AD action as a result of this comment. The FAA's Determination What is FAA's Final Determination on This Issue? Based on the above information, FAA has determined that there is no need for AD 99-05-13 and that it should be withdrawn. This action withdraws AD 99-05-13. Withdrawal of AD 99-05-13 will not preclude us from issuing another notice in the future, nor will it commit us to any course of action in the future. Regulatory Impact Since this action only withdraws an AD, it is not an AD and, therefore, is not covered under Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Withdrawal Accordingly, FAA withdraws AD 99-05-13, Amendment 39-11061 (64 FR 10560, March 5, 1999). Issued in Kansas City, Missouri, on July 5, 2000. Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 00-17622 Filed 7-11-00; 8:45 am]
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- 14 CFR 39
- 14 CFR 23
- 14 CFR 23.1541
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