57944 Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations

SUMMARY: This rule contains a

correction to an Immigration and

Naturalization Service (Service) interim

rule, published in the Federal Register

on Wednesday, September 6, 2000, at 65

FR 53889. The interim rule established

the procedure under which a physician

may obtain a waiver of the job offer

requirement that applies to alien

beneficiaries of second preference

employment-based immigrant visa

petitions if the physician is willing to

practice full-time in an area designated

by the Secretary of Health and Human

Services as having a shortage of health

care professionals, or in a facility

operated by the Department of Veterans

Affairs.

DATES: The interim rule is effective

October 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Craig Howie, Headquarters

Adjudications Officer, Adjudications

Division, Immigration and

Naturalization Service, 425 I Street, NW,

Room 3040, Washington, DC 20536,

telephone (202) 353–8177.

SUPPLEMENTARY INFORMATION: The

Service published an interim rule in the

Federal Register on September 6, 2000,

at 65 FR 53889. In the interim rule there

is a reference to ‘‘§ 204(n) of this

chapter’’ the reference should have been

to ‘‘§ 204.12(a) of this chapter.’’

Corrections

In rule document 00–22832 beginning

on page 53889 in the issue of

Wednesday, September 6, 2000, make

the following correction:

§ 245.18 [Corrected]

On page 53896, in the second column,

under paragraph (i), on the 8th line, the

reference to ‘‘§ 204(n)’’ should be

revised to read: ‘‘§ 204.12(a)’’.

Dated: September 21, 2000.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 00–24698 Filed 9–26–00; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–312–AD; Amendment

39–11914; AD 2000–20–03]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–2B19 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Bombardier Model

CL–600–2B19 series airplanes. This

action requires installation of shields for

the aileron quadrants in the wheel bay

of the main landing gear (MLG). This

action is necessary to prevent the

accumulation of water, ice, or slush on

the aileron quadrants and control cable

pulleys in the wheel bay of the MLG,

which could freeze and result in

reduced controllability of the airplane.

This action is intended to address the

identified unsafe condition.

DATES: Effective October 2, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of October 2,

2000.

Comments for inclusion in the Rules

Docket must be received on or before

October 27, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

312–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. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-iarcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2000–NM–312–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

this AD may be obtained from

Bombardier, Inc., Canadair, Aerospace

Group, P.O. Box 6087, Station Centreville, Montreal, Quebec H3C 3G9,

Canada. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York;

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Daniel Parrillo, Aerospace Engineer,

Airframe and Propulsion Branch, ANE–

172, FAA, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7505; fax

(516) 568–2716.

SUPPLEMENTARY INFORMATION: The

Transport Canada Civil Aviation

(TCCA), which is the airworthiness

authority for Canada, recently notified

the FAA that an unsafe condition may

exist on certain Bombardier Model CL–

600–2B19 series airplanes. The TCAA

advises that it has received reports of

stiffness of the aileron controls

following take-off from a snow and

slush covered runway. It is suspected

that water, ice, or slush accumulated on

the aileron quadrants and control cable

pulleys in the wheel bay of the main

landing gear (MLG) during the ground

roll, and then froze during the climb to

cruise altitude. Upon descent to lower

altitude, normal aileron control was

restored and the airplane landed safely.

Such accumulation of water, ice, or

slush on the aileron quadrants and

control cable pulleys in the wheel bay

of the main landing gear could result in

reduced controllability of the airplane.

Explanation of Relevant Service

Information

Bombardier has issued Service

Bulletin 601R–27–104, dated October

15, 1999, which describes procedures

for the installation of splash shields for

the aileron quadrants in the wheel bay

of the MLG. Accomplishment of the

action specified in the service bulletin

is intended to adequately address the

identified unsafe condition. The TCAA

classified this service bulletin as

mandatory and issued Canadian

airworthiness directive CF–2000–28,

dated August 28, 2000, in order to

assure the continued airworthiness of

these airplanes in Canada.

FAA’s Conclusions

This airplane model is manufactured

in Canada and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the TCAA has kept the FAA informed

of the situation described above. The

FAA has examined the findings of the

TCAA, 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 Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations 57945

type design registered in the United

States, this AD is being issued to

prevent the accumulation of water, ice,

and slush on the aileron quadrants and

control cable pulleys in the wheel bay

of the MLG, which could result in

reduced controllability of the airplane.

This AD requires accomplishment of the

actions specified in the service bulletin

described previously.

Differences Between This AD and the

Canadian AD

This AD differs from the parallel

Canadian AD in that it requires the

installation of the splash shields within

30 days after the effective date of this

AD, rather than within 90 days as

specified in the Canadian AD. The FAA

finds that a 90-day compliance time will

not ensure that the installation is

accomplished in a timely manner. In

developing an appropriate compliance

time for the installation of the splash

shields, the FAA considered not only

the TCAA’s recommendation, but also

the degree of urgency associated with

addressing the subject unsafe condition.

The FAA finds that installation of the

splash shields within 30 days of the

effective date of this AD to be

warranted, in that this represents an

appropriate amount of time allowable

for affected airplanes to continue to

operate without compromising safety.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the AD is being requested.

• Include justification (e.g., reasons or

data) for each request.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000–NM–312–AD.’’

The postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect on

the States, on the relationship between

the national Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2000–20–03 Bombardier, Inc. (Formerly

Canadair): Amendment 39–11914.

Docket 2000–NM–312–AD.

Applicability: Model CL–600–2B19 series

airplanes, serial numbers 7003 through 7323

inclusive, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent reduced controllability of the

airplane due to an accumulation of water,

ice, and slush on the aileron quadrants and

control cable pulleys in the wheel bay of the

main landing gear (MLG); accomplish the

following:

Installation

(a) Within 30 days after the effective date

of this AD, install splash shields in the wheel

bin of the MLG in accordance with

Bombardier Service Bulletin 601R–27–104,

dated October 15, 1999.

Alternative Methods of Compliance

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, New York

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

57946 Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The installation shall be done in

accordance with Bombardier Service Bulletin

601R–27–104, dated October 15, 1999. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

Bombardier Inc., Canadair, Aerospace Group,

P.O. Box 6087, Station Centre-ville, Montreal,

Quebec H3C 3G9, Canada. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, New York

Aircraft Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York 11581;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

Note 3: The subject of this AD is addressed

in Canadian airworthiness directive CF–

2000–28, dated August 28, 2000.

(e) This amendment becomes effective on

October 2, 2000.

Issued in Renton, Washington, on

September 22, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–24893 Filed 9–25–00; 1:14 pm]

BILLING CODE 4910–13–U

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960–AF42

Extension of Expiration Date for the

Respiratory Body System Listings

AGENCY: Social Security Administration

(SSA).

ACTION: Final rule.

SUMMARY: We adjudicate claims at the

third step of our sequential evaluation

process for evaluating disability using

the Listing of Impairments (the Listings)

under the Social Security and

Supplemental Security Income (SSI)

programs. This final rule extends until

July 2, 2002, the date on which the

respiratory body system listings will no

longer be effective. We have made no

revisions to the medical criteria in these

listings; they remain the same as they

now appear in the Code of Federal

Regulations. This extension will ensure

that we continue to have medical

evaluation criteria in the listings to

adjudicate claims for disability based on

impairments in the respiratory body

system at step three of our sequential

evaluation process.

EFFECTIVE DATE: This final regulation is

effective September 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Deborah Barnes, Social Insurance

Specialist, Office of Disability, Social

Security Administration, 3–A–8

Operations Building, 6401 Security

Boulevard, Baltimore, MD 21235–6401,

(410) 965–4171 or TTY (410) 966–5609.

For information on eligibility, claiming

benefits, or coverage of earnings, call

our national toll-free number, 1–800–

772–1213 or TTY 1–800–325–0778, or

visit the Internet site for SSA: http://

www.ssa.gov/.

SUPPLEMENTARY INFORMATION: We use

the Listings in appendix 1 to subpart P

of part 404 at the third step of the

sequential evaluation process to

evaluate claims filed by adults and

children for benefits based on disability

under the Social Security and SSI

programs. The Listings are divided into

parts A and B. We use the criteria in

part A to evaluate the impairments of

adults. We use the criteria in part B to

evaluate impairments of children. If

those criteria do not apply, then we will

apply the medical criteria in part A.

As a result of medical advances in

disability evaluation and treatment, and

program experience, we periodically

review and update the Listings. When

we last published the respiratory body

system listings on October 7, 1993 (58

FR 52346), we established October 7,

2000, as the date on which the

respiratory body system listings would

no longer be effective unless they were

extended or revised and promulgated

again.

In this final rule, we are extending

until July 2, 2002, the date on which the

respiratory body system listings (3.00

and 103.00) will no longer be effective.

We are extending this date because we

do not expect to develop revised listings

criteria for this body system by the

current expiration date. However, we

are reviewing the respiratory body

system listings and we plan to publish

proposed and final rules over the course

of the next two years.

We believe that the requirements in

these listings are still valid for our

program purposes. Specifically, if we

find that an individual has an

impairment that meets the statutory

duration requirement and that meets or

equals the Listings, we will find that the

individual is disabled at the third step

of the sequential evaluation process.

Regulatory Procedures

Justification For Final Rule

Pursuant to section 702(a)(5) of the

Social Security Act, 42 U.S.C. 902(a)(5),

we follow the Administrative Procedure

Act (APA) rulemaking procedures

specified in 5 U.S.C. 553 in the

development of our regulations. The

APA provides exceptions to its notice

and public comment procedures when

an agency finds there is good cause for

dispensing with such procedures on the

basis that they are impracticable,

unnecessary, or contrary to the public

interest. We have determined that,

under 5 U.S.C. 553(b)(B), good cause

exists for dispensing with the notice and

public comment procedures for this

rule. Good cause exists because this

final rule only extends the date on

which the respiratory body system

listings will no longer be effective. It

makes no substantive changes to the

listings. The current regulations

expressly provide that the listings may

be extended, as well as revised and

promulgated again. Therefore, we have

determined that opportunity for prior

comment is unnecessary, and we are

issuing this regulation as a final rule.

In addition, we find good cause for

dispensing with the 30-day delay in the

effective date of a substantive rule

provided by 5 U.S.C. 553(d). As

explained above, we are not making any

substantive changes in the respiratory

body system listings. However, without

an extension of the expiration date for

the respiratory body system listings, we

will lack regulatory criteria for assessing

respiratory impairments at the third step

of the sequential evaluation process

after the current expiration date of the

listings. In order to ensure that we

continue to have regulatory criteria for

assessing respiratory impairments under

the listings, we find that it is in the

public interest to make this rule

effective upon publication.

Executive Order 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that this final rule does not

meet the criteria for a significant

regulatory action under Executive Order

12866. Thus, it was not subject to OMB

review. We have also determined that

this final rule meets the plain language

requirement of Executive Order 12866

and the President’s memorandum of

June 1, 1998 (63 FR 31885).