This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

65226

Vol. 62, No. 238

Thursday, December 11, 1997

NORTHEAST DAIRY COMPACT

COMMISSION

7 CFR Part 1301

Notice of Proposed Rulemaking; OverOrder Price Regulations

AGENCY: Northeast Dairy Compact

Commission.

SUMMARY: The Northeast Dairy Compact

Commission proposes to amend the

current Compact Over-order Price

Regulation, to exempt from the

regulation fluid milk distributed by

handlers during the 1998–1999 contract

year under open competitive bid

contracts with School Food Authorities

in New England for Child Nutrition

Programs qualified for reimbursement

under the National School Lunch Act of

1946 and the Child Nutrition Act.

Representatives of New England School

Food Authorities and Food Services

Programs have indicated to the

Commission that the Regulation has had

an adverse financial impact on their

programs that will ultimately be born by

school children. The proposal to exempt

milk distributed to School Lunch

Programs will avoid any increase in

price to children due to the regulation

for milk provided by School Food

Service Programs.

DATES: Written comments and exhibits

may be submitted until 5:00 PM,

January 12, 1998. A public hearing to

take testimony and receive documentary

evidence relevant to amending

§ 1301.13 will be held on December 29,

1997 at 10:00 AM.

ADDRESSES: Send comments to the

Northeast Dairy Compact Commission,

43 State Street. P.O. Box 1058,

Montpelier, VT 05601.

The hearing will be held at the

Ramada Rolling Green Hotel and

Conference Center, 311 Lowell St.,

Andover, Massachusetts.

FOR FURTHER INFORMATION CONTACT:

Daniel Smith, Executive Director,

Northeast Dairy Compact Commission at

the above address or by telephone at

(802) 229–1941 or by facsimile at (802)

229–2028.

SUPPLEMENTARY INFORMATION:

I. Background

The Northeast Dairy Compact

Commission (the ‘‘Commission’’) was

established under authority of the

Northeast Interstate Dairy Compact (the

‘‘Compact’’). The Compact was enacted

into law by each of the six participating

New England states as follows:

Connecticut—Public Law 93–320;

Maine—Public Law 89–437, as

amended, Public Law 93–274;

Massachusetts—Public Law 93–370;

New Hampshire—Public Law 93–336;

Rhode Island—Public Law 93–106;

Vermont—Public Law 89–95, as

amended 93–57. In accordance with

Article I, Section 10 of the United States

Constitution, Congress consented to the

Compact in Public Law 104–127 (FAIR

Act), Section 147, codified at 7 U.S.C.

7156. Subsequently, the United States

Secretary of Agriculture, pursuant to 7

U.S.C. 7256(1), authorized the

implementation of the Compact.

Pursuant to its authority under Article

V, Section 11 of the Compact, the

Commission conducted an informal

rulemaking proceeding to adopt a

Compact Over-order Price Regulation.

See 62 FR 29626 (May 30, 1997). The

Commission amended and extended the

Compact Over-order Price Regulation on

October 23, 1997. See 62 FR 62810

(November 25, 1997).

Pursuant to Article V, Section 11, the

Commission is proposing to amend the

current Compact Over-order Price

Regulation to exempt from the

regulation fluid milk distributed by

handlers under open and competitive

bid contracts for the 1998–1999 contract

year with School Food Authorities in

New England for Child Nutrition

Programs qualified for reimbursement

under the National School Lunch Act of

1946 and the Child Nutrition Act of

1966. The current Compact Over-order

Price Regulation is codified at 7 CFR

1300 through 1308.1. The Commission

submits as its proposed rule for

purposes of public review and comment

a new paragraph (e) to be added to 7

CFR 1301.13 Exempt milk.

II. Date, Time and Location of the

Public Hearing

The Northeast Dairy Compact

Commission will hold a public hearing

at 10:00 AM on December 29, 1997 at

the Ramada Rolling Green Hotel and

Conference Center, 311 Lowell Street,

Andover, Massachusetts.

III. Request for Written Comments

Pursuant to Article VI (D) of the

Commission’s Bylaws, any person may

participate in the rulemaking

proceeding independent of the hearing

process by submitting written comments

and exhibits to the Commission.

Comments and exhibits may be

submitted at any time until 5:00 PM,

January 12, 1998. Comments and

exhibits will be made part of the record

of the rulemaking proceeding only if

they identify the author’s name, address

and occupation, and if they include a

sworn notarized statement indicating

that the comment and/or exhibit is

presented based upon the author’s

personal knowledge and belief.

Facsimile copies will be accepted up

until the 5:00 PM, January 12, 1998

deadline but the original copies must

then be sent by ordinary mail.

Comments and exhibits should be

sent to: Northeast Dairy Compact

Commission, 43 State Street, P.O. Box

1058, Montpelier, VT 05601, (802) 229–

2028 (fax).

For more information, contact a New

England state department of agriculture

or the Compact Commission offices—

(802) 229–1941.

Dated December 8, 1997.

List of Subjects in 7 CFR Part 1301

Milk.

By authority of the Commission.

For the Commission.

Daniel Smith,

Executive Director.

For the reasons set forth in the

preamble, the Commission proposes to

amend 7 CFR part 1301 as follows:

PART 1301—[AMENDED]

1. The authority for part 1301

continues to read as follows:

Authority: 7 U.S.C. 7256.

2. Section 1301.13 is amended by

adding paragraph (e) to read as follows:

§ 1301.13 Exempt milk.

* * * * *

(e) Effective April 1, 1998, all fluid

milk distributed by handlers in eight

ounce containers under open and
Federal Register / Vol. 62, No. 238 / Thursday, December 11, 1997 / Proposed Rules 65227

competitive bid contracts for the 1998–

1999 contract year with School Food

Authorities in New England, as defined

by 7 CFR 210.2, for Child Nutrition

Programs qualified for reimbursement

under the National School Lunch Act of

1946, as amended, 42 U.S.C. 1751 et.

seq., and the Child Nutrition Act of

1966, as amended, 42 U.S.C. 1773 et.

seq.

* * * * *

[FR Doc. 97–32400 Filed 12–10–97; 8:45 am]

BILLING CODE 1650–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–150–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A320 and A321 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Airbus Model A320 and A321

series airplanes. This proposal would

require activation of a spoiler function

that allows partial ground spoiler

activation with only one main landing

gear compressed. This proposal is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by the proposed

AD are intended to prevent possible

delays in deceleration when landing

with strong cross winds and/or on a

contaminated runway, which could

increase the potential for landing

overrun.

DATES: Comments must be received by

January 12, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

150–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Airbus Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

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:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–150–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

97–NM–150–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

advises that possible delay in activation

of automatic deceleration means when

landing with strong cross winds and/or

on a contaminated runway can occur on

certain Airbus Model A320 and A321

series airplanes. This condition, if not

corrected, could increase the potential

for landing overrun.

Explanation of Relevant Service

Information

Airbus has issued Service Bulletin

A320–27–1088, Revision 3, dated

December 11, 1996, which describes

procedures for activation of a partial lift

dumping function (‘‘phased lift

dumping’’) that allows partial ground

spoiler activation with only one main

landing gear compressed. The DGAC

classified this service bulletin as

mandatory and issued French

airworthiness directive 96–169–081(B),

dated August 28, 1996, in order to

assure the continued airworthiness of

these airplanes in France.

FAA’s Conclusions

These airplane models are

manufactured in France and are type

certificated for operation in the United

States under the provisions of § 21.29 of

the Federal Aviation Regulations (14

CFR 21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above. The

FAA has examined the findings of the

DGAC, reviewed all available

information, and determined that AD

action is necessary for products of this

type design that are certificated for

operation in the United States.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

accomplishment of the actions specified

in the service bulletin described

previously.

Cost Impact

The FAA estimates that 132 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 17 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would be provided by the manufacturer

at no cost to operators. Based on these

figures, the cost impact of the proposed

AD on U.S. operators is estimated to be

$134,640, or $1,020 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.