70294 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

(6) A certification by the Lender that

the Lender meets each of the

requirements of the Program as set forth

in the Act and the Board’s rules in this

part;

* * * * *

10. Section 400.206 is amended by

revising paragraphs (c)(5)(ii)(C) and

(c)(5)(iv) to read as follows:

§ 400.206 Environmental requirements.

* * * * *

(c) * * *

(5) * * *

(ii) * * *

(C) Adopt a previously completed EIS

reasonably related to the project for

which the proceeds of the loan sought

to be guaranteed under the Program will

be used, as described in 40 CFR 1506.3.

* * * * *

(iv) If, on the basis of an

environmental assessment, it is

determined that an EIS is not required,

a FONSI, as described in 40 CFR

1508.13 will be prepared. The FONSI

will include the environmental

assessment or a summary of it and be

available to the public from the Board.

The Executive Director shall maintain a

record of these decisions, making them

available to interested parties upon

request. Requests should be directed to

the Executive Director, Emergency Steel

Guarantee Loan Program, 1099—14th

Street, NW, Suite 2600 East,

Washington, DC 20005. Prior to a final

loan guarantee decision, a copy of the

NEPA documentation shall be sent to

the Board for consideration.

* * * * *

11. Section 400.207 is amended by

revising paragraphs (b) introductory text

and (c) to read as follows:

§ 400.207 Application evaluation.

* * * * *

(b) Evaluation criteria. Applications

that are determined to be eligible

pursuant to paragraph (a) of this section

shall be subject to a substantive review

by the Board based upon the following

evaluation factors, in order of

importance:

* * * * *

(c) Decisions by the Board. Upon

completion of the evaluation of an

application and as soon as possible after

its receipt, the Board will approve or

deny an eligible application that is

timely received under this Program. The

Board shall notify the Applicants and

the Borrower in writing of the approval

or denial of an application as soon as

possible. Approvals for loan Guarantees

shall be conditioned upon compliance

with § 400.208.

12. Section 400.208 is amended by

revising paragraph (a)(3) to read as

follows:

§ 400.208 Issuance of the Guarantee.

(a) * * *

(3) The Board’s receipt of the Loan

documents and any related instruments,

in form and substance satisfactory to the

Board, and the Guarantee, all properly

executed by the Lender, Borrower, and

any other required party other than the

Board; and

* * * * *

13. Section 400.210 is amended by

removing paragraph (c)(2), redesignating

paragraph (c)(3) as paragraph (c)(2), and

revising it, and adding a new paragraph

(d), to read as follows:

§ 400.210 Assignment or transfer of loans.

* * * * *

(c) * * *

(2) Transfers by a non-Agent Lender

of the non-guaranteed portion of the

loan after payment of the guaranteed

portion of the loan has been made under

the Guarantee.

(d) The Agent must hold and may not

assign or transfer an interest in a loan

guaranteed under the Program equal to

at least the lesser of $25 million or 15

percent of the aggregate amount of the

loan. The Agent must hold and may not

assign or transfer an interest in the

unguaranteed portion of the loan which

as a percentage of the Agent’s overall

interest in the loan is no less than the

aggregate percentage of the loan which

is not guaranteed. A non-Agent Lender

must hold and may not transfer or

assign an interest in the unguaranteed

portion of the loan representing no less

than five percent of such Lender’s total

interest in the Loan, except as provided

paragraph (c)(2) of this section.

14. Section 400.211 is revised to read

as follows:

§ 400.211 Lender responsibilities.

The Lender shall have such

obligations and duties to the Board as

are set forth in the Guarantee.

15. Section 400.212 is revised to read

as follows:

§ 400.212 Guarantee.

The Board shall adopt a form of

Guarantee to be used by the Board

under the Program, and shall publish

the Guarantee on its website.

Modifications to the provisions of the

form of Guarantee must be approved

and adopted by the Board.

16. Section 400.213 is revised to read

as follows:

§ 400.213 Termination of obligations.

The Board shall have such rights to

terminate the Guarantee as are set forth

in the Guarantee.

17. Section 400.214 is revised to read

as follows:

§ 400.214 Participations in guaranteed

loans.

(a) Subject to paragraphs (b), (c) and

(d) of this section, a Lender may

distribute the risk of a portion of a loan

guaranteed under the Program by sale of

participations therein if:

(1) Neither the loan note nor the

Guarantee is assigned, conveyed, sold,

or transferred in whole or in part;

(2) The Lender remains solely

responsible for the administration of the

loan; and

(3) The Board’s ability to assert any

and all defenses available to it under the

Guarantee and the law is not adversely

affected.

(b) The following categories of entities

may purchase participations in loans

guaranteed under the Program:

(1) Eligible Lenders;

(2) Private investment funds and

insurance companies that do not usually

invest in commercial loans;

(3) Steel company suppliers or

customers, who are interested in

participating as a means of commencing

or solidifying the supplier or customer

relationship with the borrower; or

(4) Any other entity approved by the

Board on a case-by-case basis.

(c) The Agent may not grant

participations in that portion of its

interest in a loan that may not be

assigned or transferred under

§ 400.210(d). A Lender, other than the

Agent, may not grant participations in

that portion of its interest in a loan that

may not be assigned or transferred

under § 400.210(d).

(d) At least 5 percent of any

participation interest in a loan must be

unguaranteed.

[FR Doc. 00–29812 Filed 11–17–00; 2:17 pm]

BILLING CODE 3510–NC–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–265–AD; Amendment

39–11980; AD 2000–23–10]

RIN 2120–AA64

Airworthiness Directives; Lockheed

Model 188A and 188C Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations 70295

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Lockheed Model 188A

and 188C series airplanes, that requires

a revision of the Airplane Flight Manual

(AFM) to add procedures for donning

the flightcrew oxygen masks when the

cabin altitude warning horn is activated.

The actions specified by this AD are

intended to prevent incapacitation of

the flightcrew as a result of lack of

oxygen and consequent loss of control

of the airplane due to absence of AFM

procedures for donning the flightcrew

oxygen masks when the cabin altitude

warning horn is activated.

DATE: Effective December 27, 2000.

ADDRESSES: Information pertaining to

this amendment may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia;

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Thomas Peters, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30349; telephone (770)

703–6063; fax (770) 703–6097.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Lockheed Model

188A and 188C series airplanes was

published in the Federal Register on

August 30, 2000 (65 FR 52677). That

action proposed to require a revision of

the Airplane Flight Manual to add

procedures for donning the flightcrew

oxygen masks when the cabin altitude

warning horn is activated.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 75 Model

188A and 188C series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 32 airplanes of

U.S. registry will be affected by this AD,

that it will take approximately 1 work

hour per airplane to accomplish the

required actions, and that the average

labor rate is $60 per work hour. Based

on these figures, the cost impact of the

AD on U.S. operators is estimated to be

$1,920, or $60 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted. The cost impact

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect on

the States, on the relationship between

the national Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, 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:

2000–23–10 Lockheed: Amendment 39–

11980. Docket 2000–NM–265–AD.

Applicability: All Model 188A and 188C

series airplanes, certificated in any category.

Compliance: Required as indicated, unless

accomplished previously.

To prevent incapacitation of the flightcrew

and consequent loss of control of the airplane

due to delays in donning oxygen masks in

response to the activation of the cabin

altitude warning horn; accomplish the

following:

Revision to the Airplane Flight Manual

(a) Within 90 days after the effective date

of this AD, revise the Emergency Procedures

Section of the FAA-Approved Airplane

Flight Manual (AFM) to include the

following (which may be accomplished by

inserting a copy of this AD in the AFM):

‘‘Low Cabin Pressure Warning Light Comes

On and Horn Starts Blowing

a. Oxygen Masks—Don. Select 100%

oxygen.

b. If conditions dictate, initiate emergency

descent.

c. Check cabin differential pressure gage.

1. If differential pressure is below 13.34 +

0.30 in. Hg, lower cabin altitude selector

wheel.

2. If differential pressure is at 13.34 + 0.30

in. Hg, descend to lower aircraft altitude.

Note: Warning horn can be silenced with

cabin altitude warning horn switch.’’

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, Atlanta

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Atlanta ACO.

Note 1: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

Special Flight Permit

(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.

Effective Date

(d) This amendment becomes effective on

December 27, 2000.

70296 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

Issued in Renton, Washington, on

November 6, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28963 Filed 11–21–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–213–AD; Amendment

39–11987; AD 2000–23–15]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB SF340A and SAAB 340B Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Saab Model SAAB

SF340A and SAAB 340B series

airplanes, that requires inspecting the

connector on the refuel/defuel panel

and the electrical connector on the

illuminated placard to detect signs of

fluid ingression or corrosion, and

corrective actions. The actions specified

by this AD are intended to prevent

electrical shorts or arcing at the

illuminated placard connector at the

refuel/defuel panel, which could result

in a potential ignition source for fuel

vapors during fueling procedures. This

action is intended to address the

identified unsafe condition.

DATES: Effective December 27, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

27, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Saab Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linkping,

Sweden. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Saab Model

SAAB SF340A and SAAB 340B series

airplanes was published in the Federal

Register on September 19, 2000 (65 FR

56507). That action proposed to require

inspecting the connector on the refuel/

defuel panel and the electrical

connector on the illuminated placard to

detect signs of fluid ingression or

corrosion, and corrective actions.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 289 Model

SAAB SF340A and SAAB 340B series

airplanes of U.S. registry will be affected

by this AD, that it will take

approximately 4 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be

$69,360, or $240 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted. The cost impact

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect on

the States, on the relationship between

the national Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

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

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2000–23–15 Saab Aircraft AB: Amendment

39–11987. Docket 2000–NM–213–AD.

Applicability: Model SAAB SF340A series

airplanes, serial numbers –004 through –159

inclusive; and Model SAAB 340B series

airplanes, serial numbers –160 through –459

inclusive; certificated in any category; on

which a refuel/defuel panel having part

number 7239160–505 is installed.

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.