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

57562

Vol. 65, No. 186

Monday, September 25, 2000

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 6

Withdrawal of Proposed Rule To

Establish Licensing for Certain SugarContaining Products Under Tariff-Rate

Quota

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of withdrawal.

SUMMARY: This document advises the

public that the proposed rule is

withdrawn based on legal action by the

Canadian Government which addressed

the principal purposes of the proposed

rule by rescinding mandated increases

in Canadian exports of certain sugar

containing products (SCP) packaged for

retail sale.

FOR FURTHER INFORMATION CONTACT:

Diana Wanamaker, STOP 1021, 1400

Independence Avenue, SW.,

Washington, DC 20250–1021, or

telephone at (202) 720–1330, or e-mail

at Wanamaker@fas.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Proposed Rule

The proposed rule (RIN 0551–AA–

59), published in the Federal Register

on March 17, 2000 (65 FR 14478–

14484), provides for a licensing system

for imports of certain SCP which enter

under the tariff-rate quota (TRQ)

provided for in Additional U.S. Note 8

to chapter 17 of the Harmonized Tariff

Schedule of the United States (HTS).

The TRQ limits certain SCP imports

entered from October 1 through

September 30 in any given year to

64,709,000 kilograms, of which Canada

is allocated 59,250,000 kilograms. The

proposed rule was published in

response to U.S. industry concerns

regarding mandated increases in retail

packaged SCP exports required under

Canada’s export permit system which

became effective on October 1, 1999.

The Department received public

comments on the proposed rule from

nearly 100 entities (e.g., importers,

packers, industry associations, and

government officials) on specific

provisions of the proposed rule;

potential effects on bulk and retail

product importers and packers; and

costs or unintended market

consequences affecting importers,

buyers, and participants in the U.S. SCP

re-export program.

Canada’s Action

On June 20, 2000, the Government of

Canada amended its export permit

system to rescind the phased increase in

export permits allocated for retail

packaged SCP shipments to the United

States. The amendment also rescinded

the Canadian Government’s policy of

promoting value added SCP exports by

altering product availability. In view of the remedial action taken

by the Government of Canada to

eliminate its market intervention

measures, it is appropriate to withdraw

the proposed rule.

Signed at Washington, D.C. on September

19, 2000.

Timothy J. Galvin,

Administrator, Foreign Agricultural Service.

[FR Doc. 00–24544 Filed 9–22–00; 8:45 am]

BILLING CODE 3410–10–P

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

Common Crop Insurance Regulations;

Forage Seeding Crop Provisions

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Proposed rule with request for

comments.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) proposes to amend

the Forage Seeding Crop Insurance

Provisions. The intended effect of this

proposed action is to provide policy

changes to better meet the needs of the

insureds and to restrict the effect of the

current Forage Seeding Crop Insurance

Regulations to the 2001 and prior crop

years.

DATES: Written comments and opinions

on this proposed rule will be accepted

until close of business October 25, 2000,

and will be considered when the rule is

to be made final. The comment period

for information collection under the

Paperwork Reduction Act of 1995

continues through November 24, 2000.

ADDRESSES: Interested persons are

invited to submit written comments to

the Director, Product Development

Division, Federal Crop Insurance

Corporation, United States Department

of Agriculture, 6501 Beacon Drive,

Kansas City, Mo 64133. Comments may

be sent via Internet to ‘‘DIRECTOR

PDD@RM.FCIC.USDA.GOV’’. A copy of

each response will be available for

public inspection and copying from 7

a.m. to 4:30 p.m., CDT, Monday through

Friday except holidays, at the above

address.

FOR FURTHER INFORMATION CONTACT:

Arden Routh, Insurance Management

Specialist, Research and Development,

Product Development Division, Federal

Crop Insurance Corporation, at the

Kansas City, MO, address listed above,

telephone (816) 926–7730.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

exempt for the purpose of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget (OMB).

Paperwork Reduction Act of 1995

Under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. chapter 35), the collections of

information for this rule have been

previously approved by OMB under

control number 0563–0053 through

April 30, 2001.

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) 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.

Therefore, this rule is not subject to the

requirements of sections 202 and 205 of

the UMRA.

Executive Order 13132

The provisions contained in this rule

will not have a substantial direct effect

on States, the relationship between the

Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules 57563

national government and the States, or

on the distribution of power and

responsibilities among various levels of

government. Therefore, no consultation

with states is required.

Regulatory Flexibility Act

This regulation will not have a

significant economic 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, every producer

is required to complete an application

and acreage report. If the crop is

damaged or destroyed, the producer is

required to give notice of loss and

provide the necessary information to

complete a claim for indemnity. 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.

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 12372

This program is not subject to the

provisions of Executive Order 12372,

which requires 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 12988

This proposed rule has been reviewed

in accordance with Executive Order

12988 on civil justice reform. The

provisions of this rule will not have a

retroactive effect. 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 against

FCIC for judicial review may be brought.

Environmental Evaluation

This action is not expected to have a

significant economic impact on the

quality of the human environment,

health, and safety. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

Background

FCIC proposes to amend the Common

Crop Insurance Regulations (7 CFR Part

457) by amending 7 CFR 457.151 Forage

Seeding Crop Insurance Provisions

effective for the 2002 and succeeding

crop years. The changes to provisions

for insuring forage seeding are as

follows:

1. Section 4—Add a new contract

change date for South Dakota counties

where the Special Provisions designate

both fall and spring final planting dates.

This allows for a separation of policies

and program changes to be made to each

policy in a timely manner.

2. Section 5—Add cancellation and

termination dates for South Dakota

counties that will be applicable when

the Special Provisions designate both

fall and spring final planting dates. This

is necessary to allow for the separate

insurance of fall and spring planted

forage.

3. Section 9(g)—Add end of insurance

period dates for fall and spring planted

acreage in California, Colorado, Idaho,

Nebraska, Nevada, Oregon, Utah and

Washington. This allows forage acreage

to be insured continuously with no

lapse, or overlap, in coverage between

the end of insurance period under the

Forage Seeding Crop Provisions and the

beginning of the insurance period under

the Forage Production Crop Provisions.

List of Subjects in 7 CFR Part 457

Crop insurance, Forage seeding,

Reporting and recordkeeping

requirements.

Proposed Rule

Accordingly, as set forth in the

preamble, the Federal Crop Insurance

Corporation proposes to amend 7 CFR

part 457 as follows:

PART 457—COMMON CROP

INSURANCE REGULATIONS

1. The authority citation for 7 CFR

part 457 continues to read as follows:

Authority: 7 U.S.C. 1506(1), 1506(p).

2. Amend 457.151 as follows:

a. Revise the heading.

b. Revise the introductory text.

c. Revise section 4 of the crop

provisions.

d. Revise section 5 of the crop

provisions.

e. Revise Section 9(g) of the crop

provisions.

The revisions and additions to

§ 457.151 and the crop provisions read

as follows:

§ 457.151 Forage seeding crop insurance

provisions.

The Forage Seeding Crop Insurance

Provisions for the 2002 and succeeding

crop years are as follows:

* * * * *

4. Contract Changes. 

In accordance with section 4 of the

Basic Provisions, the contract change

date is June 30 preceding the

cancellation date for counties with a

September 30 cancellation date;

November 30 preceding the cancellation

date for counties with a March 15

cancellation date; and April 30

preceding the cancellation date for all

other counties.

5. Cancellation and Termination

Dates. 

In accordance with section 2 of the

Basic Provisions, the cancellation and

termination dates are:

State and county

Cancellation

and termination dates

California, Nevada, New

Hampshire, New York,

Pennsylvania and Vermont July 31

South Dakota counties for

which the Special Provisions designate both fall

and spring final planting

dates ................................. September 30

South Dakota counties for

which the Special Provisions designate only a

spring final planting date,

and all other states ........... March 15

* * * * *

9. Insurance Period.

* * * * *

(g) The following calendar dates:

(1) During the calendar year following

the year of seeding for:

(i) Fall planted acreage in all

California counties except Lassen,

Modoc, Mono, Shasta and Siskiyou—

November 30;

(ii) Spring planted acreage in Lassen,

Modoc, Mono, Shasta and Siskiyou

Counties California, Colorado, Idaho,

Nebraska, Nevada, Oregon, Utah and

Washington—April 14;

(iii) Spring planted acreage in all

other states—May 21;

(iv) Fall planted acreage in Lassen,

Modoc, Mono, Shasta and Siskiyou

Counties California and all other

states—October 15;

(2) During the calendar year of

seeding for spring planted acreage in all

California counties except Lassen,

Modoc, Mono, Shasta and Siskiyou—

November 30.

* * * * *

57564 Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules

Signed in Washington, DC on September

13, 2000.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 00–24504 Filed 9–22–00; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM175; Notice No. 25–00–02–

SC]

Special Conditions: Boeing Model 777–

200 Series Airplanes; Overhead Crew

Rest Compartment

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed special

conditions.

SUMMARY: This action proposes special

conditions for Boeing Model 777–200

series airplanes, modified by Flight

Structures, Inc. The proposed

modification consists of the installation

of a crew rest compartment located in

the vicinity of door three in the

overhead area of the passenger

compartment. The crew rest

compartment is to be certified for a

maximum of ten occupants for use only

during flight. The applicable

airworthiness regulations do not contain

adequate or appropriate safety standards

for this design feature. These proposed

special conditions contain the

additional safety standards that the

Administrator considers necessary to

establish a level of safety equivalent to

that established by the existing

airworthiness standards.

DATES: Comments must be received on

or before October 25, 2000.

ADDRESSES: Comments on this proposal

may be mailed in duplicate to: Federal

Aviation Administration, Transport

Airplane Directorate, Attention: Rules

Docket (ANM–114), Docket No. NM175,

1601 Lind Avenue SW., Renton,

Washington, 98055–4056; or delivered

in duplicate to the Transport Airplane

Directorate at the above address.

Comments must be marked: Docket No.

NM175. Comments may be inspected in

the Rules Docket weekdays, except

Federal holidays, between 7:30 a.m. and

4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Jayson Claar, FAA, Transport Standards

Staff, ANM–115, Transport Airplane

Directorate, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056;

telephone (425) 227–2194; facsimile

(425) 227–1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of these

proposed special conditions by

submitting such written data, views, or

arguments, as they may desire.

Communications should identify the

regulatory docket or notice number and

be submitted in duplicate to the address

specified above. All communications

received on or before the closing date

for comments will be considered by the

Administrator. The proposals described

in this action may be changed in light

of the comments received. All

comments received will be available in

the Rules Docket for examination by

interested persons, both before and after

the closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerning

this rulemaking will be filed in the

docket. Persons wishing the FAA to

acknowledge receipt of their comments

submitted in response to this action

must include with those comments a

self-addressed, stamped postcard on

which the following statement is made:

‘‘Comments to NM175.’’ The postcard

will be date stamped and returned to the

commenter.

Background

On June 25, 1999, Flight Structures

Inc., 4407 172 Street NE, Arlington,

Washington, 98223, applied for a

supplemental type certificate to install

an overhead crew rest compartment in

Boeing Model 777–200 series airplanes.

The Boeing Model 777–200 series

airplane is a large twin-jet engine

transport airplane with four pairs of

Type A exits, a passenger capacity of

440, and a range of 5000 miles. The

overhead crew rest compartment is a

single compartment located at the door

three vicinity above the main passenger

compartment with eight private bunks

and two seats, and is to be certified for

a maximum of ten occupants. A

stairwell entering from the door three

aisle is the main entry. Two escape

hatches are located on either side of the

entryway door. These proposed special

conditions are written for an overhead

crew rest compartment that will be

occupied only in flight, not during taxi,

takeoff, or landing.

Type Certification Basis

Under the provisions of § 21.101,

Flight Structures, Inc., must show that

the Boeing Model 777–200 series

airplane, as changed, continues to meet

the applicable provisions of the

regulations incorporated by reference in

Type Certificate No. T00001SE or the

applicable regulations in effect on the

date of application for the change. The

regulations incorporated by reference in

the type certificate are commonly

referred to as the ‘‘original type

certification basis.’’ The regulations

incorporated by reference in Type

Certificate No. T00001SE for the Boeing

Model 777–200 series airplanes include

14 CFR part 25, as amended by

Amendments 25–1 through 25–82. The

U.S. type certification basis for the

Boeing Model 777–200 series airplanes

is established in accordance with 14

CFR 21.29 and 21.17 and the type

certification application date. The type

certification basis is listed in Type

Certificate Data Sheet No. T00001SE.

If the Administrator finds that the

applicable airworthiness regulations

(i.e., part 25) do not contain adequate or

appropriate safety standards for the

Model 777–200 series airplanes because

of a novel or unusual design feature,

special conditions are prescribed under

the provisions of § 21.16.

In addition to the applicable

airworthiness regulations and special

conditions, Boeing Model 777–200

series airplane must comply with the

fuel vent and exhaust emission

requirements of 14 CFR part 34 and the

noise certification requirements of 14

CFR part 36.

Special conditions, as appropriate, are

issued in accordance with § 11.49, after

public notice, as required by §§ 11.28

and 11.29(b), and become part of the

type certification basis in accordance

with § 21.101(b)(2).

Special conditions are initially

applicable to the model for which they

are issued. Should the applicant apply

for a supplemental type certificate to

modify any other model included on the

same type certificate to incorporate the

same novel or unusual design feature,

the special conditions would also apply

to the other model under the provisions

of § 21.101(a)(1).

Novel or Unusual Design Features

While the installation of a crew rest

compartment is not a new concept for

large transport category airplanes, each

compartment design has unique features

by virtue of its design, location, and use

on the airplane. Previously, crew rest

compartments have been evaluated that

are installed within the main passenger

compartment area of the Boeing Model

777–200 and Model 777–300 series

airplanes; other crew rest compartments

have been installed below the passenger

cabin area, within the cargo

compartment. Similar overhead crew

rest compartments have also been