18306 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules

various levels of government. Therefore,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

De Havilland, Inc.: Docket 97–NM–36–AD.

Applicability: All Model DHC–7 series

airplanes, 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 loss of airplane controllability,

or engine overspeed and consequent loss of

engine power caused by the power levers

being positioned below the flight idle stop

while the airplane is in flight, accomplish the

following:

(a) Within 30 days after the effective date

of this AD, revise the Limitations Section of

the FAA-approved Airplane Flight Manual

(AFM) to include the following statements.

This action may be accomplished by

inserting a copy of this AD into the AFM.

‘‘Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may lead to

loss of airplane control or may result in an

overspeed condition and consequent loss of

engine power.’’

(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,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Maintenance Operations

Inspector, who may add comments and then

send it to the Manager, New York ACO.

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.

(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.

Issued in Renton, Washington, on April 8,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–9593 Filed 4–14–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Chapter I

[Docket No. FR–4170–N–08]

Native American Housing Assistance

and Self-Determination Negotiated

Rulemaking Committee; Meetings

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of negotiated rulemaking

committee meetings.

SUMMARY: On March 6, 1997 (62 FR

10247), HUD published a notice that

announced three series of negotiated

rulemaking meetings sponsored by HUD

to develop the regulations necessary to

carry out the Native American Housing

Assistance and Self-Determination Act

of 1996 (NAHASDA) (Pub.L. 104–330,

approved October 26, 1996). The

meetings announced were scheduled

from March 20–27, 1997, April 8–11,

1997, and April 24–May 1, 1997.

The purpose of this notice is to

announce a change in dates in the

meetings originally scheduled for April

24 through May 1, 1997. The meeting

dates for this period are being changed

to April 23, 1997 through April 30,

1997.

DATES: The next series of meetings will

be held on: April 23, 24, 25, 26, 28, 29,

and 30, 1997.

The meetings will begin at

approximately 9:00 am and end at

approximately 5:00 pm on each day,

local time.

ADDRESSES: The meetings will be held at

the Cheyenne Mountain Conference

Resort, 325 Broadmoor Valley Road,

Colorado Springs, CO 8096; telephone

(719) 576–4600 or 1–800–588–6532; fax

(719) 576–4711 (With the exception of

the ‘‘800’’ telephone number, these are

not toll-free numbers).

FOR FURTHER INFORMATION CONTACT:

Dominic Nessi, Deputy Assistant

Secretary for Native American

Programs, Department of Housing and

Urban Development, 1999 Broadway,

Suite 3390, Denver, CO; telephone (303)

675–1600 (voice) or 1–800–877–8339

(TTY for speech or hearing impaired

individuals) (With the exception of the

‘‘800’’ number, these are not toll-free

numbers).

SUPPLEMENTARY INFORMATION: The

Secretary of HUD has established the

Native American Housing Assistance &

Self-Determination Negotiated

Rulemaking Committee (Committee) to

negotiate and develop a proposed rule

implementing NAHASDA. On March 6,

1997 (62 FR 10247), HUD published a

notice that announced three series of

meetings to be held during March and

April 1997 in Colorado Springs,

Colorado to discuss the regulatory

implementation of NAHASDA. The

meetings announced were scheduled

from March 20–27, 1997, April 8–11,

1997, and April 24–May 1, 1997.

The purpose of this notice is to

announce a change in dates in the

meetings originally scheduled for April

24 through May 1, 1997. The meeting

dates for this period are being changed

to April 23, 1997 through April 30,

1997. The precise meeting dates are:

April 23, 24, 25, 26, 28, 29, and 30,

1997.

Because of lack of sufficient hotel

accommodations during this period, it

was necessary to move the meetings for

this period to an earlier starting date by

one day.
Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules 18307

The agenda planned for the meetings

includes: (1) The development of

regulatory language by workgroups; (2)

discussion and approval of the draft

regulatory language by the full

Committee; and (3) other agenda items

which may be agreed upon by the

Committee.

The meetings will be open to the

public without advance registration.

Public attendance may be limited to the

space available. Members of the public

may make statements during the

meeting, to the extent time permits, and

file written statements with the

Committee for its consideration. Written

statements should be submitted to the

address listed in the FOR FURTHER

INFORMATION section of this notice.

Summaries of Committee meetings will

be available for public inspection and

copying at the address in the same

section.

The location and dates of any future

meetings will be published in the

Federal Register. HUD will make every

effort to publish such notice at least 15

calendar days prior to each meeting.

Dated: April 10, 1997.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 97–9791 Filed 4–14–97; 8:45 am]

BILLING CODE 4210–33–P

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

36 CFR Part 327

Shoreline Use Permits, Flotation

AGENCY: U.S. Army Corps of Engineers,

DOD.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Corps proposes to amend

its regulation which contains guidelines

for granting shoreline use permits and

conditions under which shoreline use

permits can be used. We are proposing

this to accommodate special needs of

the public, and to incorporate changes

deemed necessary to make new

technologies available to the public

when meeting certain conditions of

their shoreline use permits.

DATES: Comments must be submitted on

or before May 30, 1997.

ADDRESSES: HQUSACE, CECW–ON,

Washington, D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT: Mr.

Darrell E. Lewis, (202) 761–0247,

HQUSACE, CECW–ON, Washington,

D.C. 20314–1000.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in 16 U.S.C. 460d, the

Corps promulgated a regulation which

was published in the Federal Register

as a final rule on July 27, 1990. Since

that time a specific instance has led to

this amendment to Paragraph 9 of

Appendix A, Section 327.30 which

gives operational project managers

flexibility to take special circumstances

of the applicant into consideration

when issuing a permit. This language

reflects the Corps desire to

accommodate basic access for those

individuals who have requested waivers

due to either obvious limiting health

conditions or those documented by a

doctor’s certification.

Since the development and

subsequent publishing of flotation

material requirements for all docks and

boat mooring buoys required under the

shoreline management program in the

Federal Register on July 27, 1990, new

technologies and methods have resulted

in product changes and influenced

flotation material specifications

acceptable to the Corps. Paragraph 14,

Appendix C, of Section 327.30 in this

proposed rulemaking reflects the Corps

amended flotation requirements on all

new docks and boat mooring facilities.

Procedural Requirements

Executive Order (E.O.) 12866

The Secretary of the Army has

determined that this proposed revision

is not a ‘‘major’’ rule within the

meaning of Executive Order (E.O.)

12866. If approved, this revision will

not (1) have an annual effect on the

economy of $100 million or more; (2)

cause a major increase in costs or prices

for consumers, individual industries,

geographic regions, or Federal, State, or

local governmental agencies; or (3) have

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of a United States-based

enterprise to compete with foreignbased enterprise in domestic or export

markets.

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.)

Collection of Information

This proposed rule contains no

collection of information under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Executive Order 12612

The Corps has analyzed this proposed

rule under principles and criteria in

E.O. 12612 and has determined that this

proposed rule does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Executive Order 12630

The Corps has determined that this

proposed rule does not have

‘‘significant’’ taking implications. The

proposed rule does not pertain to taking

of private property interests, nor does it

impact private property.

NEPA Statement

The Corps has determined that this

proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment and that no detailed

statement is required pursuant to the

National Environmental Policy Act of

1969.

Unfunded Mandates Act of 1995

This proposed rule imposes no

unfunded mandates on any

governmental or private entity and is in

compliance with the provisions of the

Unfunded Mandates Act of 1995.

List of Subjects in 36 CFR Part 327

Lakeshore management, Public lands.

For the reasons set forth in the

preamble, we propose to amend 36 CFR

part 327. as follows:

PART 327—RULES AND

REGULATIONS GOVERNING PUBLIC

USE OF WATER RESOURCE

DEVELOPMENT PROJECTS

ADMINISTERED BY THE CHIEF OF

ENGINEERS

1. The authority citation for 36 CFR

part 327 continues to read as follows:

Authority: 16 U.S.C. 460d and 460l-6a.

§ 327.30 [Amended]

2. Appendix A to § 327.30 is amended

by revising paragraph 2.c. (9) to read as

follows:

Appendix A to § 327.30 Guidelines for

Granting Shoreline Use Permits

* * * * *

2. * * *

c. * * *

(9) The district commander or his/her

authorized representative may place

special conditions on the permit when

deemed necessary. Requests for waivers

of shoreline management plan permit

conditions based on health conditions

will be reviewed on a case by case basis

by the operations project manager.

Efforts will be made to reduce onerous