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

6739

Vol. 62, No. 30

Thursday, February 13, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 354

[Docket No.96–038–2]

RIN 0579–AA81

User Fees; Agricultural Quarantine and

Inspection Services; Correction

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule; correction.

SUMMARY: This document corrects

several typographical errors in the

preamble to a proposed rule published

in the Federal Register on January 27,

1997 (62 FR 3823–3830, Docket No. 96–

038–1), regarding user fees for

agricultural quarantine and inspection

services.

FOR FURTHER INFORMATION CONTACT: For

information concerning program

operations, contact Mr. Jim Smith,

Operations Officer, Program Support,

PPQ, APHIS, 4700 River Road Unit 60,

Riverdale, MD 20737–1236, (301) 734–

8295. For information concerning rate

development, contact Ms. Donna Ford,

PPQ User Fees Section Head, FSSB,

BAD, APHIS, 4700 River Road Unit 54,

Riverdale, MD 20737–1232, (301) 734–

5901.

Correction

In proposed rule FR Doc. 97–1892,

beginning on page 3823 in the Federal

Register of January 27, 1997, make the

following corrections, in the

SUPPLEMENTARY INFORMATION section. On

page 3825, third column, in the sixth

line, remove ‘‘FY 1997–20020’’, and add

‘‘FY 1997–2002’’ in its place. On page

3826, in the tables headed ‘‘PROPOSED

AQI USER FEE RATES—FY 1998’’ and

‘‘PROPOSED AQI USER FEE RATES—

FY 2001’’, in the lines for ‘‘Commercial

trucks’’, remove references to footnote

‘‘1’’, and add references to footnote ‘‘2’’

in its place. On page 3827, in the table

headed ‘‘AGRICULTURAL

QUARANTINE INSPECTION (AQI)

USER FEES—Continued’’, under the

column headed ‘‘FY98’’, remove ‘‘5.75’’,

and add ‘‘59.75’’ in its place.

Done in Washington, DC, this 6th day of

February 1997.

Richard R. Kelly,

Acting Chief, Regulatory Analysis and

Development, Animal and Plant Health

Inspection Service.

[FR Doc. 97–3565 Filed 2–12–97; 8:45 am]

BILLING CODE 3410–34–P

Federal Crop Insurance Corporation

7 CFR Parts 401 and 457

Common Crop Insurance Regulations,

Onion Crop Insurance Provisions; and

Onion Endorsement

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Proposed rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) proposes specific

crop provisions for the insurance of

onions. The provisions will be used in

conjunction with the Common Crop

Insurance Policy Basic Provisions,

which contain standard terms and

conditions common to most crops. The

intended effect of this action is to

provide policy changes to better meet

the needs of the insured, include the

current onion endorsement with the

Common Crop Insurance Policy for ease

of use and consistency of terms, and to

restrict the effect of the current Onion

Endorsement to the 1997 and prior crop

years.

DATES: Written comments, data, and

opinions on this proposed rule will be

accepted until close of business March

17, 1997, and will be considered when

the rule is to be made final. The

comment period for information

collections under the Paperwork

Reduction Act of 1995 continues

through April 14, 1997.

ADDRESSES: Interested persons are

invited to submit written comments to

the Chief, Product Development Branch,

Federal Crop Insurance Corporation,

United States Department of

Agriculture, 9435 Holmes Road, Kansas

City, MO 64131. Written comments will

be available for public inspection and

copying in room 0324, South Building,

United States Department of

Agriculture, 14th and Independence

Avenue, SW., Washington, DC., 8:15–

4:45, est, Monday through Friday,

except holidays.

FOR FURTHER INFORMATION CONTACT: Bill

Klein, Program Analyst, Research and

Development Division, Product

Development Branch, Federal Crop

Insurance Corporation, at the Kansas

City, MO, address listed above,

telephone (816) 926–7730.

SUPPLEMENTARY INFORMATION:

Executive Order No. 12866

The Office of Management and Budget

(OMB) has determined this rule to be

exempt for the purposes of Executive

Order No. 12866 and, therefore, has not

been reviewed by OMB.

Paperwork Reduction Act of 1995

The title of this information collection

is ‘‘Catastrophic Risk Protection Plan

and Related Requirements including,

Common Crop Insurance Regulations;

Onion Crop Insurance Provisions.’’ The

information to be collected includes a

crop insurance application and an

acreage report. Information collected

from the application and acreage report

is electronically submitted to FCIC by

the reinsured companies. Potential

respondents to this information

collection are producers of onions that

are eligible for Federal crop insurance.

The information requested is

necessary for the insurance company

and FCIC to provide insurance and

reinsurance, determine eligibility,

determine the correct parties to the

agreement or contract, determine and

collect premiums or other monetary

amounts, and pay benefits.

All information is reported annually.

The reporting burden for this collection

of information is estimated to average

16.9 minutes per response for each of

the 3.6 responses from approximately

1,242,510 respondents. The total annual

burden on the public for this

information collection is 1,889,363

hours.

FCIC is requesting comments on the

following: (a) Whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

proposed collection of information; (c)

ways to enhance the quality, utility, and

clarity of the information to be
6740 Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Proposed Rules

collected; and (d) ways to minimize the

burden of the collection of information

on respondents, including through the

use of automated collection techniques

or other forms of information gathering

technology.

Comments regarding paperwork

reduction should be submitted to the

Desk Officer for Agriculture, Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC. 20503.

The Office of Management and Budget

(OMB) is required to make a decision

concerning the collections of

information contained in these

proposed regulations between 30 and 60

days after submission to OMB.

Therefore, a comment to OMB is best

assured of having full effect if OMB

receives it within 30 days of

publication. This does not affect the

deadline for the public to comment on

the proposed regulation.

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on state, local,

and tribal governments and the private

sector. This rule contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local, and tribal governments or

the private sector. Thus, this rule is not

subject to the requirements of sections

202 and 205 of the UMRA.

Executive Order No. 12612

It has been determined under section

6(a) of Executive Order No. 12612,

Federalism, that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. The provisions contained

in this rule will not have a substantial

direct effect on states or their political

subdivisions, or on the distribution of

power and responsibilities among the

various levels of government.

Regulatory Flexibility Act

This regulation will not have a

significant impact on a substantial

number of small entities. New

provisions included in this rule will not

impact small entities to a greater extent

than large entities. Under the current

regulations, a producer is required to

complete an application and acreage

report. If the crop is damaged or

destroyed, the insured is required to

give notice of loss and provide the

necessary information to complete a

claim for indemnity. The insured must

also annually certify to the number of

acres and the previous years production,

if adequate records are available to

support the certification, or receive a

transitional yield. The producer must

maintain the production records to

support the certification information for

at least three years. This regulation does

not alter those requirements. The

amount of work required of the

insurance companies delivering and

servicing these policies will not increase

significantly from the amount of work

currently required. This rule does not

have any greater or lesser impact on the

producer. Therefore, this action is

determined to be exempt from the

provisions of the Regulatory Flexibility

Act (5 U.S.C. 605), and no Regulatory

Flexibility Analysis was prepared.

Federal Assistance Program

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

Executive Order No. 12372

This program is not subject to the

provisions of Executive Order No.

12372, which require intergovernmental

consultation with state and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115, June 24, 1983.

Executive Order No. 12778

The Office of the General Counsel has

determined that these regulations meet

the applicable standards provided in

sections 2(a) and 2(b)(2) of Executive

Order No. 12778. The provisions of this

rule will not have retroactive effect prior

to the effective date. The provisions of

this rule will preempt State and local

laws to the extent such state and local

laws are inconsistent herewith. The

administrative appeal provisions

published at 7 CFR part 11 must be

exhausted before any action for judicial

review may be brought.

Environmental Evaluation

This action is not expected to have a

significant impact on the quality of the

human environment, health, and safety.

Therefore, neither an Environmental

Assessment nor an Environmental

Impact Statement is needed.

National Performance Review

This regulatory action is being taken

as part of the National Performance

Review Initiative to eliminate

unnecessary or duplicative regulations

and improve those that remain in force.

Background

FCIC proposes to add to the Common

Crop Insurance Regulations (7 CFR part

457), a new section, 7 CFR 457.135,

Onion Crop Insurance Provisions. The

new provisions will be effective for the

1998 and succeeding crop years. These

provisions will replace and supersede

the current provisions for insuring

onions found at 7 CFR 401.126. FCIC

also proposes to amend 401.126 to limit

its effect to the 1997 and prior crop

years. FCIC will later publish a

regulation to remove and reserve

§ 401.126

This rule makes minor editorial and

format changes to improve the Onion

Endorsement’s compatibility with the

Common Crop Insurance Policy. In

addition, FCIC is proposing substantive

changes in the provisions for insuring

onions as follows:

1. Section 1—Add definitions for the

terms ‘‘crop year,’’ ‘‘days,’’ ‘‘direct

marketing,’’ ‘‘FSA,’’ ‘‘final planting

date,’’ ‘‘good farming practices,’’

‘‘hundredweight,’’ ‘‘interplanted,’’

‘‘irrigated practice,’’ ‘‘late planted,’’

‘‘late planting period,’’ ‘‘lifting or

digging,’’ ‘‘non-storage onions,’’

‘‘planted acreage,’’ ‘‘practical to

replant,’’ ‘‘prevented planting,’’

‘‘production guarantee (per acre),’’

‘‘replanting,’’ ‘‘storage onions,’’ ‘‘timely

planted,’’ ‘‘topping,’’ ‘‘type,’’ and

‘‘written agreement,’’ for clarification.

Add the definition of ‘‘onion

production’’ to clearly identify

production to count for harvested and

unharvested onions. Current provisions

do not provide this definition.

2. Section 3(b)—Add provisions that

allow insurance for the onion crop in

three stages and provide the percentage

of coverage and the qualifications for

each stage. Guarantees by stage will

reduce indemnities to reflect lower outof-pocket production costs when a crop

loss occurs early in the growing season.

3. Section 4—Add a June 30 contract

change date for states and counties with

an August 31 cancellation date and

change the contract change date to

November 30 preceding the cancellation

date for the other states and counties.

This maintains an adequate time period

between this date and the cancellation

date revised to correspond to the change

in the sales closing date and comply

with the Federal Crop Insurance Reform

Act of 1994, and allows producers

sufficient time to make informed risk

management decisions. The current

contract change date is December 31.

4. Section 5—Add an August 31

cancellation and termination date for

states and counties with fall seeded

non-storage type onions. The

cancellation and termination dates have

been changed to February 1 for all other

onions in all states and counties. These

changes are intended to minimize

program vulnerabilities which may exist
Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Proposed Rules 6741

because insureds may be able to

anticipate unfavorable growing

conditions and obtain indemnities to

which they might otherwise not be

entitled.

5. Section 6—Revise the annual

premium section to clarify that the

premium is based on the third stage

production guarantee.

6. Section 7(b)—Add non-storage type

onions as an insured crop to provide

crop insurance protection for producers

of this commodity.

7. Section 7(c) (1) and (2)—Add

provisions allowing insurance for

onions interplanted with a windbreak

crop to protect the onion plants when

they are small and tender. This is a

standard practice in certain areas of the

country which have sandy soils and

frequently experience strong winds.

This section also allows insurance for

onions interplanted into a grass or

legume provided this practice would

not adversely affect the amount or

quality of the production.

8. Section 8(a)—Clarify that acreage of

the onion crop is not insurable if it does

not meet the stated rotation

requirements, unless different rotational

requirements are shown on the Special

Provisions or we agree in writing to

insure the acreage.

9. Section 8(b)—Clarify that any

acreage damaged prior to the final

planting date must be replanted unless

the insurance provider agrees that it is

not practical to replant.

10. Section 9(b)(1)—Add dates for the

end of insurance period for fall planted

non-storage onions in Georgia, Oregon,

and Texas, and for spring planted nonstorage onions. The date for the end of

insurance period in Colorado was

changed from September 30 to October

15, since it is a normal practice to

harvest onions after September 30.

11. Section 9(b)(2)—Specify the end

of insurance period as 2 days after

lifting or digging of non-storage onions

and 14 days after lifting or digging of

storage type onions to allow appropriate

time for field drying without creating an

unacceptable risk to the insurance

provider.

12. Section 10(a) (3)and (4)—Add

provisions to clarify that any losses

caused by insufficient or improper

application of pest or disease control

measures are not an insured cause of

loss.

13. Section 10(b)—Add provisions to

clarify that we do not insure against any

loss of production due to damage that

occurs or becomes evident after the end

of the insurance period, including, but

not limited to, damage that occurs after

the onions have been placed in storage.

14. Section 11—Add provisions to

allow producers to receive a replanting

payment when it is considered practical

to replant. Provisions are also added

which provide that replanting with a

practice that is uninsurable as an

original planting will cause the liability

for the unit to be reduced by the amount

of the replanting payment.

15. Section 12(b)—Require the

producer to give notice at least 15 days

prior to harvest so a preharvest

inspection can be made if production is

to be sold by direct marketing. This

appraisal may be used to determine the

amount of production to count.

16. Section 13(b)—Remove the

provision that required multiplying the

total production to be counted by the

greater of the local market price at the

time the onions are appraised or by the

respective price election. When the

onion insurance was originally offered

this language was considered necessary

due to the extreme swings in the market

price. The market appears to be less

volatile today, and the ‘‘greater of’’

language can result in a hardship to

producers when they have appraised

production that is valued at the local

market price, and that price is

considerably higher than their price

election. The new provision requires

multiplying the total production to be

counted of each type, if applicable, by

the respective price election the

producer chose.

17. Section 13(d)—Add provisions

that allow for no production to be

counted for the unit or portion of a unit

if the appraised percent of damage

exceeds the percentage shown by type

in the Special Provisions, unless onions

from that acreage are subsequently

harvested and sold.

18. Section 13(e)—Add provisions to

clarify that the extent of damage must be

determined not later than the time

onions are placed in storage, if the

production is stored prior to sale, or the

date they are delivered to a packer,

processor, or other handler if the

production is not stored.

19. Section 14—Add late and

prevented planting provisions to the

policy. This insurance coverage was

previously only provided by the

execution of a separate Late Planting

Agreement Option. To ease the

administrative burden, this coverage is

now included in the policy and the

premium included in the premium

owed for the unit.

20. Section 15—Add provisions for

providing insurance coverage by written

agreement. FCIC has a long standing

policy of permitting certain

modifications of the insurance contract

by written agreement for some policies.

This amendment allows FCIC to tailor

the policy to a specific insured in

certain instances. The new section will

cover application for and duration of

written agreements.

List of Subjects in 7 CFR Parts 401 and

457

Crop Insurance, Onion Endorsement,

Onion.

Proposed Rule

For the reasons set forth in the

preamble, the Federal Crop Insurance

Corporation hereby proposes to amend

7 CFR parts 401 and 457, as follows:

PART 401—GENERAL CROP

INSURANCE REGULATIONS—

REGULATIONS FOR THE 1988 AND

SUBSEQUENT CONTRACT YEARS

1. The authority citation for 7 CFR

part 401 continues to read as follows:

Authority: 7 U.S.C. 1506(l) and 1506(p).

2. The introductory text of § 401.126

is revised to read as follows:

§ 401.126 Onion Endorsement.

The provisions of the Onion

Endorsement for the 1988 through 1997

crop years are as follows:

* * * * *

PART 457—COMMON CROP

INSURANCE REGULATIONS;

REGULATIONS FOR THE 1994 AND

SUBSEQUENT CONTRACT YEARS

3. The authority citation for 7 CFR

part 457 continues to read as follows:

Authority: 7 U.S.C. 1506(l) and 1506(p).

4. Section 457.135 is added to read as

follows:

§ 457.135 Onion Crop Insurance

Provisions.

The Onion Crop Insurance Provisions

for the 1998 and succeeding crop years

are as follows:

FCIC policies:

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

Reinsured policies:

(Appropriate title for insurance provider)

Both FCIC and reinsured policies:

ONION CROP PROVISIONS

If a conflict exists among the Basic

Provisions (§ 457.8), these Crop Provisions,

and the Special Provisions, the Special

Provisions will control these Crop Provisions

and the Basic Provisions, and these Crop

Provisions will control the Basic Provisions.

1. Definitions

Crop year—The time period in which the

onions are normally grown and designated by

the calendar year in which the onions are

normally harvested.
6742 Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Proposed Rules

Days—Calendar days.

Direct marketing—Sale of the insured crop

directly to consumers without the

intervention of an intermediary such as a

wholesaler, retailer, packer, processor,

shipper or buyer. Examples of direct

marketing include selling through an on-farm

or roadside stand, farmer’s market, and

permitting the general public to enter the

field for the purpose of harvesting all or a

portion of the crop.

FSA—The Farm Service Agency, an agency

of the United States Department of

Agriculture or a successor Agency.

Final planting date—The date contained in

the Special Provisions for the insured crop by

which the crop must initially be planted in

order to be insured for the full production

guarantee.

Good farming practices—The cultural

practices generally in use in the county for

the crop to make normal progress toward

maturity and produce at least the yield used

to determine the production guarantee and

are those recognized by the Cooperative State

Research, Education, and Extension Service

as compatible with agronomic and weather

conditions in the county.

Harvest—Removal of the onions from the

field after topping and lifting or digging.

Hundredweight—100 pounds avoirdupois.

Interplanted—Acreage on which two or

more crops are planted in a manner that does

not permit separate agronomic maintenance

or harvest of the insured crop.

Irrigated practice—A method of producing

a crop by which water is artificially applied

during the growing season by appropriate

systems and at the proper times, with the

intention of providing the quantity of water

needed to produce at least the yield used to

establish the irrigated production guarantee

on the irrigated acreage planted to the

insured crop.

Late planted—Acreage planted to the

insured crop during the late planting period.

Late planting period—The period that

begins the day after the final planting date for

the insured crop and ends 25 days after the

final planting date.

Lifting or digging—A pre-harvest process in

which the onion roots are severed from the

soil and the onion bulbs laid on the surface

of the soil for drying in the field.

Non-storage onions—Generally of a

Bermuda, Granex, or Grano variety, or

hybrids developed from these varieties,

which are dried only a short time, and

consequently have a higher moisture content.

They are thinner skinned, contain a higher

sugar content, and are generally milder in

flavor than storage type onions. Due to a

higher moisture and sugar content, they are

subject to deterioration both on the surface

and internally if they are not used shortly

after harvest.

Onion production—All onions of

recoverable size and condition, with excess

dirt and foliage material removed, and of

storable or marketable condition, commonly

called ‘‘first net weight.’’ In addition to small

onions lost during harvesting and initial

cleaning, the Special Provisions may specify

a minimum onion size, based on the ‘‘U.S. or

other Standards for Repacked Onions,’’ to be

used to determine onion production to count.

Planted acreage—Land in which seed or

onion plants have been placed by a machine

appropriate for the insured crop and planting

method, or in which onion plants have been

transplanted by hand, at the correct depth,

into a seedbed that has been properly

prepared for the planting method and

production practice. Onions must initially be

planted in rows to be considered planted.

Practical to replant—In lieu of the

definition of ‘‘Practical to replant’’ contained

in section 1 of the Basic Provisions (§ 457.8),

practical to replant is defined as our

determination, after loss or damage to the

insured crop, based on factors, including but

not limited to moisture availability,

condition of the field, time to crop maturity,

and marketing window, that replanting the

insured crop will allow the crop to attain

maturity prior to the calendar date for the

end of the insurance period. It will not be

considered practical to replant after the end

of the late planting period unless replanting

is generally occurring in the area.

Prevented planting—Inability to plant the

insured crop with proper equipment by the

final planting date designated in the Special

Provisions for the insured crop in the county

or the end of the late planting period. You

must have been unable to plant the insured

crop due to an insured cause of loss that has

prevented the majority of producers in the

surrounding area from planting the same

crop.

Production guarantee (per acre):

(a) First stage production guarantee—

Thirty-five percent of the third stage

production guarantee.

(b) Second stage production guarantee—

Sixty percent of the third stage production

guarantee.

(c) Third stage production guarantee—The

quantity of onions (in hundredweight)

determined by multiplying the approved

yield per acre by the coverage level

percentage you elect.

Replanting—Performing the cultural

practices necessary to replace the onion seed

or onion transplants, and then replacing the

onion seed or onion transplants in the

insured acreage with the expectation of

growing a successful crop.

Storage onions—Onions other than a

Bermuda, Granex, or Grano variety, or

hybrids developed from these varieties which

are dried to a lower moisture content, are

firmer, have more outer layers of paper-like

skin, and are darker in color than non-storage

onions. They are generally more pungent,

have a lower sugar content, and can normally

be stored for several months under proper

conditions prior to use without deterioration.

Timely planted—Planted on or before the

final planting date designated in the Special

Provisions for the insured crop in the county.

Topping—A pre-harvest process to initiate

curing, in which onion foliage is removed or

bent over.

Type—A category of onions as identified in

the Special Provisions.

Written agreement—A written document

that alters designated terms of this policy in

accordance with section 15.

2. Unit Division

(a) Unless limited by the Special

Provisions, a unit as defined in section 1

(Definitions) of the Basic Provisions (§ 457.8),

(basic unit) may be divided into optional

units if, for each optional unit you meet all

the conditions of this section or if a written

agreement to such division exists.

(b) Basic units may not be divided into

optional units on any basis other than as

described in this section.

(c) If you do not comply fully with these

provisions, we will combine all optional

units that are not in compliance with these

provisions into the basic unit from which

they were formed. We will combine the

optional units at any time we discover that

you have failed to comply with these

provisions. If failure to comply with these

provisions is determined to be inadvertent,

and the optional units are combined into a

basic unit, that portion of the additional

premium paid for the optional units that

have been combined will be refunded to you.

(d) All optional units you selected for the

crop year must be identified on the acreage

report for that crop year.

(e) The following requirements must be

met for each optional unit:

(1) You must have records, which can be

independently verified, of planted acreage

and production for each optional unit for at

least the last crop year used to determine

your production guarantee;

(2) You must plant the crop in a manner

that results in a clear and discernable break

in the planting pattern at the boundaries of

each optional unit;

(3) You must have records of marketed

production or measurement of stored

production from each optional unit

maintained in such a manner that permits us

to verify the production from each optional

unit, or the production from each unit must

be kept separate until after loss adjustment is

completed by us; and

(4) Optional units meet one or more of the

following, as applicable:

(i) Optional Units Based on Irrigated

Acreage or Non-Irrigated Acreage To qualify

as separate irrigated and non-irrigated

optional units, the non-irrigated acreage may

not continue into the irrigated acreage in the

same rows or planting pattern. The irrigated

acreage may not extend beyond the point at

which the irrigation system can deliver the

quantity of water needed to produce the yield

on which your guarantee is based, except the

corners of a field in which a center-pivot

irrigation system is used will be considered

as irrigated acreage if separate acceptable

records of production from the corners are

not provided. If the corners of a field in

which the center pivot irrigation system is

used do not qualify as a separate nonirrigated optional unit, they will be a part of

the unit containing the irrigated acreage.

However, non-irrigated acreage that is not a

part of a field in which a center pivot

irrigation system is used may qualify as a

separate optional unit provided all

requirements of this section are met; or

(ii) Optional Units Based on Onion Type

To qualify for a separate optional unit by

type, the onions must be designated by type

in the Special Provisions.
Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Proposed Rules 6743

3. Insurance Guarantees, Coverage Levels,

and Prices for Determining Indemnities

(a) In addition to the requirements of

section 3 (Insurance Guarantees, Coverage

Levels, and Prices for Determining

Indemnities) of the Basic Provisions (§ 457.8),

you may select only one price election for all

the onions in the county insured under this

policy unless the Special Provisions provide

different price elections by type, in which

case you may select one price election for

each onion type designated in the Special

Provisions. The price elections you choose

for each type must have the same percentage

relationship to the maximum price offered by

us for each type. For example, if you choose

100 percent of the maximum price election

for one type, you must also choose 100

percent of the maximum price election for all

other types.

(b) The production guarantees in the

actuarial table are the third stage guarantees.

The stages are:

(1) First stage extends from planting until

the emergence of the third leaf for direct

seeded onions.

(2) Second stage extends from emergence

of the fourth leaf for direct seeded onions, or

from transplanting of onion plants, until 25

percent of the acreage in the unit has been

subjected to topping and lifting or digging.

(3) Third stage extends from the

completion of topping and lifting or digging

on more than 25 percent of the applicable

acreage in the unit until the end of the

insurance period.

(c) The production guarantee will be

expressed in hundredweight.

(d) Any acreage of onions damaged in the

first or second stage, to the extent that

producers in the area would not normally

further care for the onions, will be deemed

to have been destroyed even though you may

continue to care for the onions. The

production guarantee for such acreage will

not exceed the production guarantee for the

stage in which the damage occurred.

4. Contract Changes

In accordance with section 4 (Contract

Changes) of the Basic Provisions (§ 457.8)),

the contract change date is June 30 preceding

the cancellation date for counties with an

August 31 cancellation date and November

30 preceding the cancellation date for all

other counties.

5. Cancellation and Termination Dates

In accordance with section 2 (Life of the

Policy, Cancellation, and Termination) of the

Basic Provisions (§ 457.8), the cancellation

and termination dates are:

State and county Cancellation and

termination date

All Georgia Counties;

Umatilla County, Oregon;

Kinney, Uvalde, Medina,

Bexar, Wilson, Karnes,

Bee, and San Patricio,

Counties, Texas, and all

Texas Counties lying

south thereof; Walla

Walla County, Washington.

August 31.

State and county Cancellation and

termination date

All other states and counties.February 1.

6. Annual Premium

In lieu of the provisions of section 7(c)

(Annual Premium) of the Basic Provisions

(§ 457.8), the annual premium amount is

computed by multiplying the third stage

production guarantee by the price election,

times the premium rate, times the insured

acreage, times your share at the time of

planting, and times any applicable premium

adjustment factors contained in the Actuarial

Table.

7. Insured Crop

In accordance with section 8 (Insured Crop

of the Basic Provisions (§ 457.8), the crop

insured will be all the onions (excluding

green (bunch) or seed onions, chives, garlic,

leeks, and scallions) in the county for which

a premium rate is provided by the actuarial

table:

(a) In which you have a share;

(b) That are either of a storage type onion

planted for harvest as dry onions (bulb

onions) or of a non-storage type onion

planted for harvest as partially dried fresh

market bulb onions;

(c) That are not (unless allowed by the

Special Provisions or by written agreement):

(1) Interplanted with another crop unless

the onions are interplanted with a windbreak

crop and the windbreak crop is destroyed

within 70 days after completion of seeding or

transplanting; or

(2) Planted into an established grass or

legume.

8. Insurable Acreage

In addition to the provisions of section 9

(Insurable Acreage) of the Basic Provisions

(§ 457.8), we will not insure any acreage of

the insured crop that:

(a) Was planted to storage or non-storage

bulb onions, green (bunch) onions, seed

onions, chives, garlic, leeks, shallots, or

scallions the previous year unless different

rotation requirements are specified in the

Special Provisions or we agree in writing to

insure such acreage; or

(b) Is damaged before the final planting

date to the extent that the majority of

producers in the area would normally not

further care for the crop and is not replanted,

unless we agree that it is not practical to

replant.

9. Insurance Period

(a) In addition to the provisions of section

11 (Insurance Period) of the Basic Provisions

(§ 457.8), the acreage must be planted on or

before the final planting date designated in

the Special Provisions except as allowed in

section 14(c).

(b) The insurance period ends at the

earliest of:

(1) The calendar date for the end of the

insurance period as follows:

(i) June 15 for Vidalia and any other fall

planted, non-storage type onions planted in

the State of Georgia;

(ii) July 15 for 1015 Super Sweets, and any

other fall planted non-storage type onions in

the State of Texas;

(iii) July 31 for Walla Walla Sweets, and

any other fall planted non-storage type

onions in the states of Oregon and

Washington;

(iv) August 31 for all spring planted nonstorage type onions; and

(v) October 15 for all other insurable

onions; or

(2) The following event for each unit or

portion of a unit:

(i) Two days after lifting or digging of nonstorage type onions;

(ii) Fourteen days after lifting or digging of

storage type onions; or

(iii) Removal of the onions from the unit.

10. Causes of Loss

(a) In accordance with the provisions of

section 12 (Causes of Loss) of the Basic

Provisions (§ 457.8), insurance is provided

only against the following causes of loss that

occur within the insurance period:

(1) Adverse weather conditions;

(2) Fire;

(3) Insects, but not damage due to

insufficient or improper application of pest

control measures;

(4) Plant disease, but not damage due to

insufficient or improper application of

disease control measures;

(5) Wildlife;

(6) Earthquake;

(7) Volcanic eruption; or

(8) Failure of the irrigation water supply,

if caused by an insured peril that occurs

during the insurance period.

(b) In addition to the causes of loss not

insured against as listed in section 12 (Causes

of Loss) of the Basic Provisions (§ 457,8), we

will not insure against any loss of production

due to damage that occurs or becomes

evident after the end of the insurance period,

including, but not limited to, damage that

occurs after onions have been placed in

storage.

11. Replanting Payment

(a) In accordance with section 13

(Replanting Payment) of the Basic Provisions

(§ 457.8), a replanting payment is allowed if

the crop is damaged by an insurable cause of

loss to the extent that the remaining stand

will not produce at least 90 percent of the

third stage production guarantee for the

acreage and we determine that it is practical

to replant.

(b) The maximum amount of the replanting

payment per acre will be the lesser of 7

percent of the third stage production

guarantee or 18 hundredweight, multiplied

by your price election, multiplied by your

insured share.

(c) When onions are replanted using a

practice that is uninsurable as an original

planting, the liability for the unit will be

reduced by the amount of the replanting

payment. The premium amount will not be

reduced.

12. Duties in the Event of Damage or Loss

(a) In accordance with the requirements of

section 14 (Duties in the Event of Damage or

Loss) of the Basic Provisions (§ 457.8), the

representative samples of the unharvested
6744 Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Proposed Rules

crop must be at least 10 feet wide and extend

the entire length of each field in the unit. The

samples must not be harvested or destroyed

until the earlier of our inspection or 15 days

after harvest of the balance of the unit is

completed.

(b) You must notify us at least 15 days

before any production from any unit will be

sold by direct marketing. We will conduct an

appraisal that will be used to determine your

production to count for production that is

sold by direct marketing. If damage occurs

after this appraisal we will conduct an

additional appraisal. These appraisals, and

any acceptable records provided by you, will

be used to determine your production to

count. Failure to give timely notice that

production will be sold by direct marketing

will result in an appraised amount of

production to count that is not less than the

production guarantee per acre if such failure

results in our inability to make the required

appraisal.

13. Settlement of Claim

(a) We will determine your loss on a unit

basis. In the event you are unable to provide

production records:

(1) For any optional units, we will combine

all optional units for which acceptable

production records were not provided; or

(2) For any basic units, we will allocate any

commingled production to such units in

proportion to our liability on the harvested

acreage for the units.

(b) In the event of loss or damage covered

by this policy, we will settle your claim by:

(1) Multiplying the insured acreage by its

respective production guarantee, by type if

applicable;

(2) Multiplying each result of section

13(b)(1) by the respective price election, by

type if applicable;

(3) Totaling the results in section 13(b)(2);

(4) Multiplying the total production to be

counted of each type, if applicable, (see

section 13(c)) by the respective price election

you chose;

(5) Totaling the results of section 13(b)(4);

(6) Subtracting the result in section 13(b)(5)

from the result in 13(b)(3); and

(7) Multiplying the result in section

13(b)(6) by your share.

(c) The total production (in

hundredweight) to count from all insurable

acreage on the unit will include:

(1) All appraised production as follows:

(i) Not less than the production guarantee

for acreage:

(A) That is abandoned;

(B) That is direct marketed to consumers if

you fail to meet the requirements contained

in section 12;

(C) Put to another use without our consent;

(D) That is damaged solely by uninsured

causes; or

(E) For which you fail to provide

production records that are acceptable to us;

(ii) Production lost due to uninsured

causes;

(iii) Unharvested onion production (mature

unharvested production may be adjusted

based on the percent of damage in

accordance with section 13(d));

(iv) The appraised production that exceeds

the difference between the first or second

stage (as applicable) and the third stage

production guarantee for acreage that does

not qualify for the third stage guarantee, if

such acreage is not subject to section 13(c)(1)

(i) and (ii); and

(v) Potential production on insured acreage

that you intend to put to another use or

abandon, if you and we agree on the

appraised amount of production. Upon such

agreement, the insurance period for that

acreage will end if you put the acreage to

another use or abandon the crop.

(vi) If agreement on the appraised amount

of production is not reached:

(A) If you do not elect to continue to care

for the crop, we may give you consent to put

the acreage to another use if you agree to

leave intact, and provide sufficient care for,

representative samples of the crop in

locations acceptable to us. (The amount of

production to count for such acreage will be

based on the harvested production or

appraisals from the samples at the time

harvest should have occurred. If you do not

leave the required samples intact, or fail to

provide sufficient care for the samples, our

appraisal made prior to giving you consent to

put the acreage to another use will be used

to determine the amount of production to

count);

(B) If you elect to continue to care for the

crop, the amount of production to count for

the acreage will be the harvested production,

or our reappraisal if additional damage

occurs and the crop is not harvested; or

(C) If due to the nature of the damage, any

representative sample left would be likely to

deteriorate further, and no agreement is

reached, no release of the crop will be made.

(2) All harvested onion production from

the insurable acreage.

(d) If the appraised percent of damage

exceeds the percentage shown by type in the

Special Provisions, no production will be

counted for that unit or portion of a unit

unless onions from that acreage are

subsequently harvested and sold.

(e) The extent of any damage must be

determined not later than the time onions are

placed in storage if the production is stored

prior to sale, or the date they are delivered

to a packer, processor, or other handler if

production is not stored.

14. Late Planting and Prevented Planting

(a) In lieu of provisions contained in the

Basic Provisions (§ 457.8), regarding acreage

initially planted after the final planting date

and the applicability of a Late Planting

Agreement Option, insurance will be

provided for acreage planted to the insured

crop during the late planting period (see

section 14 (c)) and you were prevented from

planting (see section 14 (d)). These coverages

provide reduced production guarantees. The

premium amount for late planted acreage and

eligible prevented planting acreage will be

the same as that for timely planted acreage.

If the amount of premium you are required

to pay (gross premium less our subsidy) for

late planted acreage or prevented planting

acreage exceeds the liability on such acreage,

coverage for those acres will not be provided,

no premium will be due, and no indemnity

will be paid for such acreage.

(b) If you were prevented from planting,

you must provide written notice to us not

later than the acreage reporting date.

(c) Late Planting

(1) For onion acreage planted during the

late planting period, the production

guarantee for each acre will be reduced for

each day planted after the final planting date

by:

(i) One percent (1%) per day for the 1st

through the 10th day; and

(ii) Two percent (2%) per day for the 11th

through the 25th day.

(2) In addition to the requirements of

section 6 (Report of Acreage) of the Basic

Provisions (§ 457.8), you must report the

dates the acreage is planted within the late

planting period.

(3) If planting of onions continues after the

final planting date, or you are prevented from

planting during the late planting period, the

acreage reporting date will be the later of:

(i) The acreage reporting date contained in

the Special Provisions for the insured crop;

or

(ii) Five days after the end of the late

planting period.

(d) Prevented Planting (Including Planting

After the Late Planting Period)

(1) If you were prevented from timely

planting onions, you may elect:

(i) To plant onions during the late planting

period. The production guarantee for such

acreage will be determined in accordance

with section 14(c)(1);

(ii) Not to plant this acreage to any crop

except a cover crop not for harvest. You may

also elect to plant the insured crop after the

late planting period. In either case, the

production guarantee for such acreage will be

40 percent of the production guarantee for

timely planted acres. For example, if your

production guarantee for timely planted

acreage is 260 hundredweight per acre, your

prevented planting production guarantee

would be 104 hundredweight per acre (260

hundredweight multiplied by 0.40). If you

elect to plant the insured crop after the late

planting period, production to count for such

acreage will be determined in accordance

with section 13; or

(iii) Not to plant the intended crop but

plant a substitute crop for harvest, in which

case:

(A) No prevented planting production

guarantee will be provided for such acreage

if the substitute crop is planted on or before

the 10th day following the final planting date

for the insured crop; or

(B) A production guarantee equal to 20

percent of the production guarantee for

timely planted acres will be provided for

such acreage, if the substitute crop is planted

after the 10th day following the final planting

date for the insured crop. If you elected the

Catastrophic Risk Protection Endorsement or

excluded this coverage, and plant a substitute

crop, no prevented planting coverage will be

provided. For example, if your production

guarantee for timely planted acreage is 260

hundredweight per acre, your prevented

planting production guarantee would be 52

hundredweight per acre (260 hundredweight

multiplied by 0.20). You may elect to exclude

prevented planting coverage when a

substitute crop is planted for harvest and

receive a reduction in the applicable

premium rate. If you wish to exclude this

coverage, you must so indicate, on or before
Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Proposed Rules 6745

the sales closing date, on your application or

on a form approved by us. Your election to

exclude this coverage will remain in effect

from year to year unless you notify us in

writing on our form by the applicable sales

closing date for the crop year for which you

wish to include this coverage. All acreage of

the crop insured under this policy will be

subject to this exclusion.

(2) Production guarantees for timely, late,

and prevented planting acreage within a unit

will be combined to determine the

production guarantee for the unit. For

example, assume you insure one unit in

which you have a 100 percent share. The unit

consists of 150 acres, of which 50 acres were

planted timely, 50 acres were planted 7 days

after the final planting date (late planted),

and 50 acres were not planted but are eligible

for a prevented planting production

guarantee. The production guarantee for the

unit will be computed as follows:

(i) For the timely planted acreage, multiply

the per acre production guarantee for timely

planted acreage by the 50 acres planted

timely;

(ii) For the late planted acreage, multiply

the per acre production guarantee for timely

planted acreage by 93 percent and multiply

the result by the 50 acres planted late; and

(iii) For prevented planting acreage,

multiply the per acre production guarantee

for timely planted acreage by:

(A) Forty percent and multiply the result

by the 50 acres you were prevented from

planting, if the acreage is eligible for

prevented planting coverage, and if the

acreage is left idle for the crop year, or if a

cover crop is planted not for harvest.

Prevented planting compensation hereunder

will not be denied because the cover crop is

hayed or grazed; or

(B) Twenty percent and multiply the result

by the 50 acres you were prevented from

planting, if the acreage is eligible for

prevented planting coverage, and if you elect

to plant a substitute crop for harvest after the

10th day following the final planting date for

the insured crop (This paragraph (B) is not

applicable, and prevented planting coverage

is not available under these crop provisions,

if you elected the Catastrophic Risk

Protection Endorsement or you elected to

exclude prevented planting coverage when a

substitute crop is planted (see section

14(d)(1)(iii)).)

Your premium will be based on the result

of multiplying the per acre production

guarantee for timely planted acreage by the

150 acres in the unit.

(3) You must have the inputs available to

plant and produce the intended crop with the

expectation of at least producing the

production guarantee. Proof that these inputs

were available may be required.

(4) In addition to the provisions of section

11 (Insurance Period) of the Basic Provisions

(§ 457.8), the insurance period for prevented

planting coverage begins:

(i) On the sales closing date contained

in the Special Provisions for the insured

crop in the county for the crop year the

application for insurance is accepted; or

(ii) For any subsequent crop year, on

the sales closing date for the insured

crop in the county for the previous crop

year, provided continuous coverage has

been in effect since that date. For

example: If you make application and

purchase insurance for onions for the

1998 crop year, prevented planting

coverage will begin on the 1998 sales

closing date for onions in the county. If

the onion coverage remains in effect for

the 1999 crop year (is not terminated or

canceled during or after the 1998 crop

year) prevented planting coverage for

the 1999 crop year began on the 1998

sales closing date. Cancellation for the

purposes of transferring the policy to a

different insurance provider when there

is no lapse in coverage will not be

considered terminated or canceled

coverage for the purpose of the

preceding sentence.

(5) The acreage to which prevented

planting coverage applies will not

exceed the total eligible acreage on all

FSA Farm Serial Numbers in which you

have a share, adjusted for any

reconstitution that may have occurred

on or before the sales closing date.

Eligible acreage for each FSA Farm

Serial Number is determined as follows:

(i) If you participate in any program

administered by the United States

Department of Agriculture that limits

the number of acres that may be planted

for the crop year, the acreage eligible for

prevented planting coverage will not

exceed the total acreage permitted to be

planted to the insured crop.

(ii) If you do not participate in any

program administered by the United

States Department of Agriculture that

limits the number of acres that may be

planted, and unless we agree in writing

on or before the sales closing date,

eligible acreage will not exceed the

greater of:

(A) The FSA base acreage for the

insured crop, including acres that could

be flexed from another crop, if

applicable;

(B) The number of acres planted to

onions on the FSA Farm Serial Number

during the previous crop year; or

(C) One-hundred percent of the

simple average of the number of acres

planted to onions during the crop years

that you certified to determine your

yield.

(iii) Acreage intended to be planted

under an irrigated practice will be

limited to the number of acres for which

you had adequate irrigation facilities

prior to the insured cause of loss which

prevented you from planting.

(iv) A prevented planting production

guarantee will not be provided for any

acreage:

(A) That does not constitute at least

20 acres or 20 percent of the acreage in

the unit, whichever is less (Acreage that

is less than 20 acres or 20 percent of the

acreage in the unit will be presumed to

have been intended to be planted to the

insured crop planted in the unit, unless

you can show that you had the inputs

available before the final planting date

to plant and produce another insured

crop on the acreage);

(B) For which the actuarial table does

not designate a premium rate unless a

written agreement designates such

premium rate;

(C) Used for conservation purposes or

intended to be left unplanted under any

program administered by the United

States Department of Agriculture;

(D) On which another crop is

prevented from being planted, if you

have already received a prevented

planting indemnity, guarantee or

amount of insurance for the same

acreage in the same crop year, unless

you provide adequate records of acreage

and production showing that the

acreage has a history of double-cropping

in each of the last 4 years in which the

insured crop was grown on the acreage;

(E) On which the insured crop is

prevented from being planted, if any

other crop is planted and fails, or is

planted and harvested, hayed or grazed

on the same acreage in the same crop

year, (other than a cover crop as

specified in section 14 (d)(2)(iii)(A), or

a substitute crop allowed in section 14

(d)(2)(iii)(B)), unless you provide

adequate records of acreage and

production showing that the acreage has

a history of double-cropping in each of

the last 4 years in which the insured

crop was grown on the acreage;

(F) When coverage is provided under the

Catastrophic Risk Protection Endorsement if

you plant another crop for harvest on any

acreage you were prevented from planting in

the same crop year, even if you have a history

of double-cropping. If you have a

Catastrophic Risk Protection Endorsement

and receive a prevented planting indemnity,

guarantee, or amount of insurance for a crop

and are prevented from planting another crop

on the same acreage, you may only receive

the prevented planting indemnity, guarantee,

or amount of insurance for the crop on which

the prevented planting indemnity, guarantee,

or amount of insurance is received; or

(G) For which planting history or

conservation plans indicate that the acreage

would have remained fallow for crop rotation

purposes.

(v) For the purpose of determining eligible

acreage for prevented planting coverage,

acreage for all units will be combined and be

reduced by the number of onion acres timely

planted and late planted. For example,

assume you have 100 acres eligible for

prevented planting coverage in which you

have a 100 percent share. The acreage is

located in a single FSA Farm Serial Number

which you insure as two separate optional

units consisting of 50 acres each. If you

planted 60 acres of onions on one optional

unit and 40 acres of onions on the second
6746 Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Proposed Rules

optional unit, your prevented planting

eligible acreage would be reduced to zero

(i.e., 100 acres eligible for prevented planting

coverage minus 100 acres planted equals

zero).

(6) In accordance with the provisions of

section 6 (Report of Acreage) of the Basic

Provisions (§ 457.8), you must report by unit

any insurable acreage that you were

prevented from planting. This report must be

submitted on or before the acreage reporting

date. For the purpose of determining acreage

eligible for a prevented planting production

guarantee, the total amount of prevented

planting and planted acres cannot exceed the

maximum number of acres eligible for

prevented planting coverage. Any acreage

you report in excess of the number of acres

eligible for prevented planting coverage, or

that exceeds the number of eligible acres

physically located in a unit, will be deleted

from your acreage report.

15. Written Agreements

Designated terms of this policy may be

altered by written agreement in accordance

with the following:

(a) You must apply in writing for each

written agreement no later than the sales

closing date, except as provided in section

15(e);

(b) The application for written agreement

must contain all terms of the contract

between the insurance provider and the

insured that will be in effect if the written

agreement is not approved;

(c) If approved by us, the written

agreement will include all variable terms of

the contract, including, but not limited to,

crop type or variety, the guarantee, premium

rate, and price election;

(d) Each written agreement will only be

valid for one year. (If the written agreement

is not specifically renewed the following

year, insurance coverage for subsequent crop

years will be in accordance with the printed

policy); and

(e) An application for written agreement

submitted after the sales closing date may be

approved if, after a physical inspection of the

acreage, it is determined that no loss has

occurred and the crop is insurable in

accordance with the policy and written

agreement provisions.

Signed in Washington, DC, on February 6,

1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 97–3328 Filed 2–12–97; 8:45 am]

BILLING CODE 3410–FA–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–SW–21–AD]

Airworthiness Directives; Eurocopter

Deutschland GmbH (ECD) Model BO

105 C and BO 105 S Helicopters

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

Eurocopter Deutschland GmbH (ECD)

(Eurocopter) Model BO 105 C and BO

105 S helicopters. This proposal would

require modifying the main relay box by

replacing the voltage regulator;

modifying the cockpit overhead panel

by installing two additional switches;

and performing a functional test of the

new voltage regulator, generators, and

new switches. This proposal is

prompted by an in-service report of a

helicopter that experienced a generator

overvoltage. The actions specified by

the proposed AD are intended to

prevent failure of essential electrical

equipment that could result in spatial

disorientation and subsequent loss of

control of the helicopter.

DATES: Comments must be received by

April 14, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 96–SW–21–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137. 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

American Eurocopter Corporation, 2701

Forum Drive, Grand Prairie, Texas

75053–4005. This information may be

examined at the FAA, Office of the

Assistant Chief Counsel, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas.

FOR FURTHER INFORMATION CONTACT: Mr.

Lance Gant, Aerospace Engineer, FAA,

Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, Texas 76137, telephone

(817) 222–5114, fax (817) 222–5961.

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

should 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 No. 96–SW–21–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, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

96–SW–21–AD, 2601 Meacham Blvd.,

Room 663, Fort Worth, Texas 76137.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on

Eurocopter Model BO 105 C and BO 105

S helicopters. The LBA advises that the

voltage regulators installed during

production cannot prevent the failure of

avionic instruments caused by generator

overvoltage in the aircraft power supply.

Eurocopter has issued Eurocopter

Service Bulletin ASB–BO–105–80–119,

dated November 7, 1994, which

specifies retrofitting affected helicopters

with a voltage regulator incorporating

overvoltage protection. The retrofit

action includes installing two switches

in the cockpit overhead panel so that

generators that are switched off as a

result of overvoltage can be switched on

again individually. Eurocopter also

issued Eurocopter Alert Service Bulletin

ASB–BO–105–80–118, Revision 1, dated

November 29, 1995, that introduced a

compliance time. The LBA classified