Unknown. Final rule

3,473 words·~16 min read·/register/2000/07/24/00-18282·

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-07-24.xml --- 65 142 Monday, July 24, 2000 Contents Agriculture Agriculture Department See Food Safety and Inspection Service Alcohol Alcohol, Tobacco and Firearms Bureau RULES Alcohol, tobacco, and other excise taxes: Tobacco products— Cigarette papers and tubes; tax increase; correction, 45523 00-18057 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 45603-45604 00-18660 Grants and cooperative agreements; availability, etc.:

Human immunodeficiency virus (HIV)— HIV/AIDS Prevention Program; development and technical assistance collaboration with countries targeted by LIFE Initiative, 45604-45605 00-18595 Meetings: Diabetes Prevention and Control Programs Translation Advisory Committee, 45605-45606 00-18596 Injury Prevention and Control Advisory Committee, 45606 00-18599 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Maine, 45583 00-18628 Pennsylvania, 45583 00-18629 Coast Guard Coast Guard RULES Drawbridge operations:

Florida, 45523-45525 00-18558 Ports and waterways safety: Long Island Sound, Groton Long Point, CT; safety zone, 45525-45526 00-18560 Commerce Commerce Department 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: Malaysia, 45584 00-18568 Nepal, 45584-45585 00-18570 Turkey, 45585 00-18569 Special access and special regime programs: Participation denial— Item Eyes, Inc., 45585-45586 00-18571 Defense Defense Department PROPOSED RULES Acquisition regulations:

Profit policy changes, 45574-45579 00-18510 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Postsecondary education— Upward Bound Program Participant Expansion Initiative, 45697-45700 00-18590 00-18591 Meetings: National Assessment Governing Board, 45586-45587 00-18663 Employment Employment and Training Administration NOTICES Adjustment assistance: Nestaway Corp. et al., 45621-45622 00-18609 VF Workwear/Horace Small et al., 45622-45623 00-18608 Adjustment assistance and NAFTA transitional adjustment assistance:

Touch of Lace et al., 45620-45621 00-18607 NAFTA transitional adjustment assistance: Custom Emblems, Inc., 45623 00-18610 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans: Preparation, adoption, and submittal— Motor vehicle inspection/maintenance program requirements; additional flexibility, 45526-45535 00-17749 Toxic substances: Preliminary assessment information reporting— 3-amino-5-mercapto-1,2,4-triazole, etc., 45535-45539 00-18644 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Arizona, 45566-45569 00-18643 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Inert ingredients; processing fees, 45569-45574 00-18646 Water pollution control: Water quality standards— Kansas, 45569 00-18642 NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 45600-45601 00-18637 Project XL (excellence and leadership) innovative technologies projects: Metropolitan Water Reclamation District of Greater Chicago, IL; final project agreement, 45601-45602 00-18638 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Airbus, 45513-45515 00-18282 Bombardier, 45517-45519 00-18391 Mitsubishi, 45515-45517 00-17908 Class D and Class E airspace, 45519-45520 00-18578 Class E airspace, 45520-45522 00-18576 00-18579 00-18580 NOTICES Advisory circulars; availability, etc.: Airframe guide for certification of Part 23 airplanes, 45645-45646 00-18581 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 45602 00-18746 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Empresa Electrica Puychue S.A. et al., 45591-45595 00-18611 Hydroelectric applications, 45595-45596 00-18589 Meetings; Sunshine Act, 45596-45600 00-18701 *Applications, hearings, determinations, etc.:* Columbia Gas Transmission Corp, 45587 00-18620 Columbia Gulf Transmission Co., 45587-45588 00-18618 Cove Point LNG L.P., 45588 00-18612 Equitrans, L.P., 45587-45589 00-18587 00-18616 Florida Gas Transmission Co., 45589 00-18614 Koch Gateway Pipeline Co., 45589 00-18613 Midwestern Gas Transmission Co., 45590 00-18617 New York Independent System Operator, Inc., et al., 45590 00-18588 Southern Natural Gas Co., 45590 00-18615 Tennessee Gas Pipeline Co., 45591 00-18619 Vector Pipeline L.P., 45591 00-18621 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 45646-45647 00-18622 Environmental statements; availability, etc.: Magnetic Levitation Transportation Technology Deployment Program, 45647-45648 00-18603 Federal Reserve Federal Reserve System PROPOSED RULES Truth in lending (Regulation Z): Home-equity lending market; predatory lending practices; hearings, 45547-45551 00-18659 NOTICES Banks and bank holding companies: Change in bank control, 45602 00-18634 Formations, acquisitions, and mergers, 45602-45603 00-18632 Permissible nonbanking activities, 45603 00-18633 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Salinomycin and roxarsone, 45522-45523 00-18583 Food additives: Chlorine dioxide Correction, 45522 00-18582 Food Food Safety and Inspection Service PROPOSED RULES Meat and poultry inspection: Inspection services— Fee increases, 45545-45547 00-18567 GSA General Services Administration RULES Federal Management Regulation: Foreign gifts and decorations; utilization, donation, and disposal, 45539-45543 00-18328 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration Housing Housing and Urban Development Department NOTICES Committees; establishment, renewal, termination, etc.:

U.S.-Israel Bi-National Commission on Housing and Community Development, 45606-45607 00-18727 Grants and cooperative agreements; availability, etc.: Housing assistance payments (Section 8)— Family Unification Program, 45687-45695 00-18658 Indian Indian Affairs Bureau NOTICES Tribal rolls: Catawba Indian Nation of South Carolina, 45607-45617 00-18584 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Indian Gaming Commission See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Reports and guidance documents; availability, etc.:

Safe Harbor Privacy Principles; European Commission transmission; guidance for U.S. companies and organizations, 45665-45686 00-18489 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 45619-45620 00-18606 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Washoe County, NV; Southern Washoe County Urban Interface Plan Amendment, 45617-45618 00-18598 Realty actions; sales, leases, etc.:

Nevada, 45618 00-18647 National Archives National Archives and Records Administration NOTICES Electronic copies previously covered by General Records Schedule 20; records schedules availability and comment request, 45624-45626 00-18623 National National Council on Disability NOTICES Meetings; Sunshine Act, 45626 00-18666 National Indian National Indian Gaming Commission PROPOSED RULES Indian Gaming Regulatory Act: Environment and public health and safety, 45558-45566 00-18527 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Black sea bass, 45543-45544 00-18630 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Western Alaska Community Development Quota Program, 45579-45582 00-18650 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 45583-45584 00-18651 Pacific Fishery Management Council, 45584 00-18649 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Reactor Safeguards Advisory Committee, 45628 00-18653 Environmental statements; availability, etc.:

Carolina Power & Light Co., 45628-45629 00-18656 Meetings: Spent fuel shipping cask accident studies; workshop, 45629-45631 00-18657 *Applications, hearings, determinations, etc.:* United Illuminating Co., 45626-45628 00-18654 00-18655 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 45623-45624 00-18627 Reports and guidance documents; availability, etc.: Safe and healthful working conditions; voluntary protection programs; revisions, 45649-45663 00-18605 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees:

Diplomatic facilities; security requirements (Memorandum of July 17, 2000), 45511 00-18814 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 45631 00-18592 Submission for OMB review; comment request, 45631-45632 00-18593 Securities: Suspension of trading— Save the World Air, Inc., 45640 00-18726 Self-regulatory organizations; proposed rule changes:

Cincinnati Stock Exchange, Inc., 45640-45644 00-18625 Philadelphia Stock Exchange, Inc., 45644-45645 00-18626 *Applications, hearings, determinations, etc.:* PIMCO Funds et al., 45632-45634 00-18594 Public utility holding company filings, 45634-45640 00-18624 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 45618-45619 00-18662 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Watco Co., Inc., et al., 45648 00-18430 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board PROPOSED RULES Computer reservation systems, carrier-owned Internet use for airline distribution, 45551-45558 00-18573 Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau Separate Parts In This Issue Part II Department of Labor, Occupational Safety and Health Administration, 45649-45663 00-18605 Part III International Trade Administration, 45665-45686 00-18489 Part IV Department of Housing and Urban Development, 45687-45695 00-18658 Part V Department of Education, 45697-45700 00-18590 00-18591 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. 65 142 Monday, July 24, 2000 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2000-NM-55-AD;

Amendment 39-11825; AD 2000-14-15] RIN 2120-AA64 Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain Airbus Model A319, A320, and A321 series airplanes, that requires modifying the fuel pipe couplings and installing bonding leads in specified locations within the fuel tank. This amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority.

The actions specified by this AD are intended to prevent ignition sources and consequent fire/explosion in the fuel tank. DATES: Effective August 28, 2000. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of August 28, 2000. ADDRESSES: The service information referenced in this AD may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)227-2110; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive

(AD)that is applicable to certain Airbus Model A319, A320, and A321 series airplanes was published in the **Federal Register** on March 16, 2000 (65 FR 14218). That action proposed to require modifying the fuel pipe couplings and installing bonding leads in specified locations within the fuel tank. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. Support for the Proposed AD One commenter supports the content of the proposed AD. Requests To Extend Compliance Time Two commenters, both operators, request that the compliance time for the proposed actions be 5 years, rather than 3 years as proposed, for the following reasons: 1. While supporting the proposed AD in principle, one of the commenters states that the economic impact of a 3-year compliance time would significantly affect its maintenance and operating schedules because of additional labor hours, additional out-of-service time for its airplanes, and the setup costs necessary to accommodate the simultaneous modification of two airplanes. 2. The commenters note that the French airworthiness directive mandates a compliance time of 5 years, and that the service bulletin referenced in the proposed AD also recommends a compliance time of 5 years (or the next 4C check). 3. The commenters consider that a 3-year compliance time does not account for the elapsed time for accomplishing the modification outside of a heavy or major maintenance check. One commenter states that a 5-year compliance time would allow the proposed actions to be accomplished during a scheduled heavy maintenance visit. The other commenter reports that a 3-year compliance time would require modification of 34 of its airplanes outside of a heavy or major maintenance check, resulting in extended downtimes. The FAA does not concur with the request to extend the compliance time. In the preamble of the proposed AD, the FAA explained its reasons for reducing the compliance time from 5 years (as recommended by the DGAC and the service bulletin) to 3 years. The commenters provide no data indicating that such an extended compliance time would ensure an acceptable level of safety. As stated in the proposed AD, the FAA considered many factors associated with continued operational safety and weighed those factors against any resulting disruption of affected airlines' operations. The FAA maintains that a 3-year compliance time represents an appropriate interval of time allowable for affected airplanes to continue to operate without compromising safety. No change to the final rule is warranted in this regard. Request To Require Additional Actions One commenter, an operator, suggests that the proposed AD be revised to add a requirement to inspect the condition and proper installation of existing fuel tank bonding straps, as specified by Airbus Service Bulletin A320-28-1075, Revision 01, dated February 1, 2000. The operator notes that a higher level of fuel tank safety would be achieved by encouraging operators to accomplish the inspection of the fuel tank bonding straps in accordance with Airbus Service Bulletin A320-28-1075. The operator adds that Airbus Service Bulletin A320-28-1077 (cited in the proposed AD as the appropriate source of service information for accomplishing the modification and installation) “strongly” recommends concurrent accomplishment of Airbus Service Bulletin A320-28-1075. The FAA does not concur with the request to add a requirement to perform the referenced inspection. Although accomplishment of the actions specified by Airbus Service Bulletin A320-28-1075 could provide an improved level of safety, the FAA has not yet made a determination that those actions should be mandated via the AD rulemaking process. However, the FAA notes that the design review proposed in a Special Federal Aviation Regulation

(SFAR)(Notice 99-18, 64 FR 58644, October 29, 1999, “Transport Airplane Fuel Tank System Design Review, Flammability Reduction, and Maintenance and Inspection Requirements”) would result in the FAA's approval of required maintenance and inspection instructions for fuel tank systems on the Airbus airplanes affected by this AD, as well as other existing large transport category airplanes. The inspections in Airbus Service Bulletin A320-28-1075 would be considered under the scope of the SFAR review, and could be mandated together with any other necessary inspections. No change to the final rule is necessary. Request To Revise Cost Estimates One commenter, an operator, requests a revision of the cost estimates in the proposed AD for the following reasons:

(1)The estimated costs do not reflect the additional labor hours necessary to accommodate two airplanes simultaneously for the fuel tank rework;

(2)the cost analysis in the proposed AD is based on work hours for airplanes in a heavy check status and does not include the work hours necessary for access and close;

(3)the proposed cost estimate does not account for the concurrent accomplishment of the actions specified by Airbus Service Bulletin A320-28-1075; and

(4)maintenance and operating schedules would be significantly affected due to the additional out-of-service time necessary for the airplanes. The FAA does not concur with the request to revise the cost estimate. The cost impact information, below, describes only the per-airplane “direct” costs of the specific actions required by this AD. The number of work hours necessary to accomplish the required actions was provided to the FAA by the manufacturer based on the best data available to date. This number represents the time necessary to perform only the actions actually required by this AD. The FAA recognizes that, in accomplishing the requirements of any AD, operators may incur “incidental” costs in addition to the “direct” costs. The cost analysis in AD rulemaking actions, however, typically does not include incidental costs, such as the time required to gain access and close or time for various administrative actions. Because incidental costs may vary significantly from operator to operator, they are almost impossible to calculate. Further, as discussed earlier, the actions specified by Airbus Service Bulletin A320-28-1075 are not required by this AD, so those work hours are not included in the cost estimate. No change to the cost estimate of the final rule is necessary. Conclusion After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed. Cost Impact The FAA estimates that 227 airplanes of U.S. registry will be affected by this AD. It will take between 20 and 100 work hours per airplane to accomplish the required actions, at an average labor rate of $60 per work hour. The cost of required parts is negligible. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be between $272,400 and $1,362,000; or between $1,200 and $6,000 per airplane. The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. Regulatory Impact The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action

(1)is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: **2000-14-15 Airbus Industrie:** Amendment 39-11825. Docket 2000-NM-55-AD. *Applicability:* Model A319, A320, and A321 series airplanes; certificated in any category; excluding those on which Modifications 27150 and 27955 have been installed. Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been otherwise modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph

(b)of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. *Compliance:* Required as indicated, unless accomplished previously. To prevent ignition sources and consequent fire/explosion in the fuel tank, accomplish the following: Modification and Installation

(a)Within 36 months after the effective date of this AD, modify the fuel pipe couplings and install bonding leads in the specified locations of the fuel tank, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-28-1077, dated July 9, 1999. Alternative Methods of Compliance

(b)An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116. Special Flight Permits

(c)Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. Incorporation by Reference

(d)The actions shall be done in accordance with Airbus Service Bulletin A320-28-1077, dated July 9, 1999. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Note 3: The subject of this AD is addressed in French airworthiness directive 2000-006-144(B), dated January 12, 2000.

(e)This amendment becomes effective on August 28, 2000. Issued in Renton, Washington, on July 13, 2000. Donald L. Riggin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 00-18282 Filed 7-21-00; 8:45 am]

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