Unknown. Final rule

3,572 words·~16 min read·/register/2001/09/13/01-22670·

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-09-13.xml --- 66 178 Thursday, September 13, 2001 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Livestock and poultry disease control: Brucellosis in sheep, goats, and horses; indemnity payments, 47593-47599 01-22981 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Human immunodeficiency virus (HIV)— South African trade unions; capacity-building assistance to develop and implement effective HIV/AIDS prevention education programs, 47675-47676 01-22976 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Proposed collection; comment request, 47676 01-22951 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 47578 01-22987 Massachusetts, 47578 01-22986 New York, 47577-47578 01-22985 PROPOSED RULES Drawbridge operations:

New York, 47601-47603 01-22988 Commerce Commerce Department See Economic Development Administration See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Navy Department Economic Economic Development Administration NOTICES Agency information collection activities: Proposed collection; comment request, 47630 01-22955 Education Education Department NOTICES Postsecondary education:

Federal Family Education Loan Program— Interest rates, 47637-47639 01-23040 William D. Ford Federal Direct Loan Program— Interest rates, 47639-47643 01-23041 Energy Energy Department See Hearings and Appeals Office, Energy Department See Western Area Power Administration NOTICES Grants and cooperative agreements; availability, etc.: Nuclear Engineering Education Research Program, 47644 01-22971 Meetings: Environmental Management Site-Specific Advisory Board— Los Alamos National Laboratory, NM, 47644 01-22970 Radioactive waste:

Yucca Mountain, NV; site recommendation consideration hearings, etc., 47644-47645 01-23037 EPA Environmental Protection Agency RULES Air programs; State authority delegations: Pennsylvania, 47579-47583 01-22990 Air quality implementation plans; approval and promulgation; various States: California, 47578-47579 01-23000 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 47583-47591 01-22741 PROPOSED RULES Air programs: State authority delegations:

Pennsylvania, 47611-47612 01-22991 Air quality implementation plans; approval and promulgation; various States: California; correction, 47603-47611 01-22999 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 47612-47618 01-22742 NOTICES Agency information collection activities: Submission for OMB review; comment request, 47652-47653 01-22997 Grants and cooperative agreements; availability, etc.: Clean Water Act; nonpoint source grants to States and territories in 2002 and subsequent FYs, 47653-47657 01-22994 Pesticide programs:

Risk assessments; availability— Endosulfan, 47666-47667 01-23002 Pesticide registration, cancellation, etc.: Azinphos-methyl and phosmet, 47657-47658 01-23004 Diazinon, 47658-47666 01-23005 Ethyl parathion, 47667-47670 01-23003 Superfund; response and remedial actions, proposed settlements, etc.: Beede Waste Oil Site, NH, 47670-47673 01-22909 Water pollution control: Total maximum daily loads— Mermentau and Vermilion/Teche river basins, LA; TMDLs required by court order, 47673-47674 01-22910 Export Export Administration Bureau NOTICES Export privileges, actions affecting:

Infocom Corp., Inc., et al., 47630-47632 01-22948 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 47573-47575 01-22671 Empresa Brasileira de Aeronautic S.A. (EMBRAER), 47571-47573 01-22670 General Electric Co., 47575-47576 01-22312 Class D airspace, 47577 01-23034 PROPOSED RULES Airports: Naples Municipal Airport, FL; Stage 2 operations prohibited, 47601 01-23033 Airworthiness directives: Bell, 47600-47601 01-22947 NOTICES Meetings: Commercial Space Transportation Advisory Committee, 47720-47721 01-23035 FCC Federal Communications Commission RULES Common carrier services:

Numbering— Toll free service access codes; CFR correction, 47591 01-55527 Frequency allocations and radio treaty matters: New advanced mobile and fixed terrestrial wireless services; frequencies below 3 GHz, 47591 01-23046 PROPOSED RULES Frequency allocations and radio treaty matters: Mobile satellite service providers; flexible use of assigned spectrum over land-based transmitters, 47621-47625 01-23048 New advanced mobile and fixed terrestrial wireless services; frequencies below 3 GHz, 47618-47621 01-23047 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Chatham County, NC, 47721 01-23026 Erie County, NY, 47721-47722 01-22952 St. Charles, Jefferson, and Orleans Parishes, LA, 47722-47724 01-23027 Federal Housing Federal Housing Enterprise Oversight Office RULES Risk-based capital: Stress test; capital requirement and classification for supervisory action, 47729-47875 01-18459 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: St. Charles, Jefferson, and Orleans Parishes, LA, 47722-47724 01-23027 Fish Fish and Wildlife Service NOTICES Marine mammal permit applications, 47682-47683 01-22989 Food Food and Drug Administration NOTICES Meetings:

Barcelona, Spain; Global Harmonization Task Force Conference; preparation, 47676-47677 01-22941 Food Food and Nutrition Service NOTICES Agency information collection activities: Proposed collection; comment request, 47627-47630 01-22980 GSA General Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 47674 01-23036 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Meetings:

Complementary and Alternative Medicine Policy, White House Commission, 47674-47675 01-23011 Organization, functions, and authority delegations: Assistant Secretary for Management and Budget, 47675 01-22957 Civil Rights Office, Director, 47675 01-22958 Hearings Hearings and Appeals Office, Energy Department NOTICES Special refund procedures; implementation, 47645-47650 01-22974 01-22975 Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 47681-47682 01-22949 01-22950 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Gray portland cement and clinker from— Mexico, 47632-47636 01-23031 Import investigations: Accelerated tariff elimination; probable economic effect, 47636-47637 01-23030 International International Trade Commission NOTICES Import investigations:

Set-top boxes and components, 47686 01-22962 Steel products, 47686 01-22963 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Lakeview Resource Area, OR, 47683-47684 01-22943 Oil and gas leases: Montana, 47684 01-22945 Public land orders: Colorado, 01-22942 47684-47685 01-22944 Legal Legal Services Corporation NOTICES Reports and guidance documents; availability, etc.: LSC Regulations Review Task Force Report; comment request, 47698-47699 01-23039 Property Aquisition and Management Manual; issuance, 47688-47698 01-23008 NIH National Institutes of Health NOTICES Meetings:

National Cancer Institute, 47677 01-23010 National Center for Research Resources, 47677-47678 01-23018 National Institute of Allergy and Infectious Diseases, 47680 01-23019 National Institute of Child Health and Human Development, 47679 01-23012 National Institute of Dental and Craniofacial Research, 47678-47679 01-23009 01-23014 National Institute of Environmental Health Sciences, 47679-47680 01-23015 National Institute of Mental Health, 47680 01-23017 National Institute on Deafness and Other Communication Disorders, 47679 01-23013 Scientific Review Center, 47680-47681 01-23016 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pollock, 47591-47592 01-23006 PROPOSED RULES Endangered and threatened species: Marine and anadromous species— West Coast salmonids; evolutionary significant units, 47625-47626 01-23007 Navy Navy Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Codeon Corp., 47637 01-23025 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: FirstEnergy Nuclear Operating Co. et al., 47699-47700 01-22978 Reports and guidance documents; availability, etc.:

Degraded and nonconforming conditions resolution; generic letter, 47700-47708 01-22867 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 47687-47688 01-23020 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Postal Postal Rate Commission NOTICES Visits to facilities, 47708 01-22961 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

American River Pump Station Project, Placer County, CA, 47685-47686 01-22977 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 47709 01-22983 Chicago Board Options Exchange, Inc., 47709-47710 01-22984 New York Stock Exchange, Inc., 47710-47711 01-22953 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 47708-47709 01-22982 SBA Small Business Administration NOTICES Disaster loan areas:

Kentucky, 47711 01-22968 Texas, 47711 01-22964 Virginia, 01-22966 47711 01-22967 West Virginia, 47711-47712 01-22965 State State Department NOTICES Art objects; importation for exhibition: Brazil: Body and Soul, 47712 01-23028 Scream the Truth at the World: Emanuel Ringelblum and the Secret Archive of the Warsaw Ghetto, 47712 01-23029 Grants and cooperative agreements; availability, etc.: New Independent States College and University Partnerships Program, 47716-47720 01-22766 New Independent States Community College Partnerships Program, 47712-47716 01-22765 Surface Surface Transportation Board NOTICES Railroad services abandonment:

CSX Transportation, Inc., 47724 01-22924 Thrift Thrift Supervision Office NOTICES Agency information collection activities: Proposed collection; comment request, 47725 01-22954 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Surface Transportation Board NOTICES Aviation proceedings: Hearings, etc.— Biz Jet Services, Inc., 47720 01-23032 Treasury Treasury Department See Thrift Supervision Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 47724-47725 01-22956 Veterans Veterans Affairs Department NOTICES Privacy Act: Systems of records, 47725-47728 01-23042 Western Western Area Power Administration NOTICES Environmental statements; availability, etc.: Natrona County, WY; Casper Creek Crossing, Spence-Thermopolis 230-kV and Alcova-Copper Mountain 115-kV transmission line repairs, 47650-47651 01-22973 Loveland Area Projects; post-2004 resource pool; allocation procedures, etc., 47652 01-22972 Separate Parts In This Issue Part II Department of Housing and Urban Development, Federal Housing Enterprise Oversight Office, 47729-47875 01-18459 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. 66 178 Thursday, September 13, 2001 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2000-NM-321-AD;

Amendment 39-12436; AD 2001-18-10] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and EMB-145 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain EMBRAER Model EMB-135 and EMB-145 series airplanes, that requires replacement of the engine oil pressure sensors with new sensors, and installation of an oil tank pressure relief kit.

Additionally, this amendment requires revision of the Airplane Flight Manual that would specify new oil pressure limits. This action is necessary to prevent rejected takeoffs due to exceeding engine oil pressure limits, which could result in reduced controllability of the airplane. This action is intended to address the identified unsafe condition. DATES: Effective October 18, 2001. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of October 18, 2001.

ADDRESSES: The service information referenced in this AD may be obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Linda M. Haynes, Aerospace Engineer, Airframe and Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748; telephone

(770)703-6091; fax

(770)703-6097. 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 EMBRAER Model EMB-135 and EMB-145 series airplanes was published in the **Federal Register** on December 19, 2000 (65 FR 79323). That action proposed to require replacement of the engine oil pressure sensors with new sensors, and installation of an oil tank pressure relief kit. Additionally, that action proposed to require revision of the Airplane Flight Manual

(AFM)that would specify new oil pressure limits. Public Comment Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. Request To Withdraw the Proposed Rule One commenter states that 96% of the applicable airplanes registered in the United States are already in compliance with the proposed requirements. Therefore, the commenter requests that the proposed rule be withdrawn. The FAA does not agree with the commenter's request. Even if the current U.S.-registered fleet may be in compliance with the requirements of the AD, the issuance of the rule is still necessary to ensure that any affected airplane that is imported and placed on the U.S. register in the future will be required to be in compliance as well. Issuance of this AD will ensure that the airplane is modified and contains the appropriate AFM revision prior to the time it is permitted to operate in the U.S. Request To Require Terminating Action One commenter states that the terminating modification referenced in the “Interim Action” paragraph of the preamble of the proposed rule has been developed and approved. That terminating action includes accomplishing certain modifications of the Full Authority Digital Engine Control (FADEC) software system, Engine Indication and Crew Alerting System (EICAS), and Engine Indication and Electronic Flight Instrument System (EFIS), and replacing the existing oil pressure sensor, as specified in certain EMBRAER and Rolls-Royce service bulletins. The commenter requests that the terminating action be added as a requirement in the final rule. The FAA does not agree with the commenter's requests, although we do acknowledge that a terminating action has been developed and approved. However, the specific modifications included in the terminating action were not available at the time the proposed rule was issued. Requiring such modifications in the final rule would substantially alter the requirements and increase the scope of the proposed rule, which would require us to provide opportunity for public comment of those additional requirements. In this case, we find that to delay this action to allow for public opportunity to comment would be inappropriate in light of the identified unsafe condition. Therefore, we have added the three modifications as an optional terminating action in new paragraph

(c)of the final rule, specifying that accomplishment of all three optional modifications constitutes terminating action for the requirements of this AD. Further Rulemaking The FAA is considering further rulemaking to require accomplishment of the three modifications mentioned above. 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 with the changes described previously. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Cost Impact The FAA estimates that 185 EMBRAER Model EMB-135 and EMB-145 series airplanes of U.S. registry will be affected by this AD, that it will take approximately 1 work hour per airplane to install the oil pressure sensor, and that the average labor rate is $60 per work hour. Required parts will cost approximately $3,562 per airplane. The FAA estimates that it will take approximately 2 work hours per airplane to install the oil tank pressure relief kit. Required parts will cost approximately $2,421 per airplane. Additionally, it will take approximately 1 work hour per airplane to accomplish the revision of the AFM. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $1,151,255, or $6,223 per airplane. The cost impact figures discussed above are 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. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. 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: **2001-18-10 Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Amendment 39-12436. Docket 2000-NM-321-AD. *Applicability:* Model EMB-135 and EMB-145 airplanes, serial numbers 145001 through 145369 inclusive, equipped with Rolls-Royce/Allison engine Models AE 3007A, AE 3007A1/1, AE 3007A1/2, AE 3007A1/3, AE 3007A1, and AE 3007A1P; certificated in any category. 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

(d)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 rejected takeoffs due to exceeding engine oil pressure limits, which could result in reduced controllability of the airplane, accomplish the following: Required Actions

(a)Within 6 months after the effective date of this AD: Accomplish the requirements of paragraphs (a)(1) and (a)(2) of this AD concurrently.

(1)Replace the engine oil pressure sensors with new sensors, per EMBRAER Service Bulletin 145-31-0021, dated August 1, 2000.

(2)Install an oil tank pressure relief kit per Rolls-Royce Service Bulletin AE 3007A-79-025, dated August 1, 2000.

(b)After completion of the actions required by paragraphs (a)(1) and (a)(2) of this AD and before further flight: Revise the Limitations Section of the FAA-approved Airplane Flight Manual

(AFM)by inserting a copy of Revision 40 of the EMBRAER Model EMB-145 AFM, dated August 11, 2000, into the AFM. Optional Terminating Action

(c)Accomplishment of all of the actions specified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD constitutes terminating action for the requirements of paragraphs

(a)and

(b)of this AD.

(1)Upgrade the Full Authority Digital Engine Control (FADEC) software system in accordance with Embraer Service Bulletins 145-73-0011, Change 01, dated January 9, 2001, and Change 02, dated April 24, 2001; and 145-73-0012, 145-73-0013, 145-73-0014, all dated January 9, 2001.

(2)Upgrade the Engine Indication and Crew Alerting System (EICAS) and Engine Indication and Electronic Flight Instrument System

(EFIS)in accordance with Embraer Service Bulletins 145-31-0014, Change 03, dated March 2, 2001; and 145-31-0020, Change 01, dated January 26, 2001.

(3)Remove the existing oil pressure sensor and replace it with a new sensor having part number 23073715, in accordance with Rolls-Royce Service Bulletin AE 3007A-79-029, dated November 9, 2000. Alternative Methods of Compliance

(d)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, Atlanta Aircraft Certification Office (ACO), FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Atlanta ACO. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Manager, Atlanta ACO. Special Flight Permits

(e)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

(f)The actions specified in paragraphs (a)(1), (a)(2), and

(b)of this AD shall be done in accordance with EMBRAER Service Bulletin 145-31-0021, dated August 1, 2000; Rolls-Royce Service Bulletin AE 3007A-79-025, dated August 1, 2000; and page 2-11, Revision 40 of the EMBRAER Model EMB-145 Airplane Flight Manual, dated August 11, 2000. 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia; 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 Brazilian Notice of Proposed Regulations NPR/AD-2000-145-05, dated August 23, 2000, and NPR/AD-2000-AE3007-01, dated August 24, 2000. Effective Date

(g)This amendment becomes effective on October 18, 2001. Issued in Renton, Washington, on September 4, 2001. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 01-22670 Filed 9-12-01; 8:45 am]

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