34268 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

banking agencies for rating commerical

banks and savings associations.

The FIRS policy statement was

published in the Federal Register at 63

FR 19918, April 22, 1998. In addition,

the evaluative criteria for determining

FIRS composite and component ratings

is set forth in the FCA Examination

Manual at section EM 135. The

examination manual is a public

document and available for a fee upon

request from the FCA or through the

FCA’s Internet Home Page (http://

www.fca.gov).

II. Direct Final Rulemaking

The FCA is using a ‘‘direct final’’

procedure for this rulemaking. In a

direct final rulemaking, an agency gives

notice that a rule will become final at a

specified future date unless the agency

receives significant adverse comment on

the rule during the comment period

established in the rulemaking notice.

Direct final rulemaking is justified

under section 553(b)(B) of the

Administrative Procedure Act, 5 U.S.C.

551–59, et seq. (APA). Section 553(b)(B)

is the APA’s ‘‘good cause’’ exemption

for omitting notice and comment on a

rule where an agency finds ‘‘that notice

and public procedure thereon are

impracticable, unnecessary, or contrary

to the public interest.’’ However, rather

than eliminating public comment

altogether, as would be permissible

under section 553(b)(B), in a direct final

rule, the FCA gives the public adequate

opportunity to comment on or object to

a rule. For a full explanation of direct

final rulemaking, see 62 FR 63644

(December 3, 1997).

The FCA believes that the technical

amendments to the assessment

regulations fit the category of rules

appropriate for direct final rulemaking.

These changes merely conform the

regulations to the FCA Board’s policy

statement on FIRS. The changes amend

current regulatory references to

‘‘composite CAMEL rating’’ with an

updated reference to ‘‘composite FIRS

rating.’’ As such, the changes are

straightforward and noncontroversial.

This rule has a 30-day comment

period. If, during that period, the FCA

receives a significant adverse comment

on the rule, the FCA will withdraw the

rule and may either issue another direct

final rule or promulgate the rule in

proposed form. A significant adverse

comment is defined as one where the

commenter explains why the rule would

be inappropriate, including challenges

to the rule’s underlying premise or

approach, or would be ineffective or

unacceptable without a change. In

general, a significant adverse comment

would raise an issue serious enough to

warrant a substantive response from the

FCA in a notice-and-comment

proceeding.

If no significant adverse comment is

received, the FCA will publish its

customary notice of the effective date of

the rule following the required

Congressional waiting period under

section 5.17(c)(1) of the Farm Credit Act

of 1971, as amended.

List of Subjects in 12 CFR Part 607

Accounting, Agriculture, Banks,

Banking, Reporting and recordkeeping

requirements, Rural areas.

As stated in the preamble, part 607 of

chapter VI, title 12 of the Code of

Federal Regulations is amended as

follows:

PART 607—ASSESSMENT AND

APPORTIONMENT OF

ADMINISTRATIVE EXPENSES

1. The authority citation for part 607

is revised to read as follows:

Authority: Secs. 5.15, 5.17 of the Farm

Credit Act (12 U.S.C. 2250, 2252) and 12

U.S.C. 3025.

2. Section 607.2 is amended by

revising paragraph (c) to read as follows:

§ 607.2 Definitions.

* * * * *

(c) Composite Financial Institution

Rating System (FIRS) rating means the

composite numerical assessment of the

financial condition of an institution

assigned to the institution by the FCA

based on its most recent examination of

the institution. The FIRS factors are

generally considered to be important

indicators of an institution’s financial

health. Institutions are rated on each of

the factors during an examination. The

composite FIRS rating ranges from 1 to

5, with a lower number indicating a

better financial condition than a higher

number.

* * * * *

§ 607.3 [Amended]

3. Section 607.3 is amended by

removing the acronym ‘‘CAMEL’’ and

adding in its place ‘‘FIRS’’ each place it

appears in paragraph (b)(2).

Dated: June 19, 1998.

Floyd Fithian,

Secretary, Farm Credit Administration Board.

[FR Doc. 98–16809 Filed 6–23–98; 8:45 am]

BILLING CODE 6705–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–302–AD; Amendment

39–10621; AD 98–13–30]

RIN 2120–AA64

Airworthiness Directives; Gulfstream

Aerospace Corporation Model G–159

(G–I) Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Gulfstream Aerospace

Corporation Model G–159 (G–I)

airplanes, that requires revising the

Airplane Flight Manual (AFM) to

prohibit positioning the power levers

below the flight idle stop. This

amendment is prompted by incidents

and accidents involving airplanes

equipped with turboprop engines in

which the ground propeller beta range

was used improperly during flight. The

actions specified by this AD are

intended to prevent loss of airplane

controllability or engine overspeed with

consequent loss of engine power caused

by the power levers being positioned

below the flight idle stop while the

airplane is in flight.

EFFECTIVE DATE: July 29, 1998.

ADDRESSES: Information pertaining to

this rulemaking action may be examined

at the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, 1895

Phoenix Boulevard, suite 450, Atlanta,

Georgia.

FOR FURTHER INFORMATION CONTACT:

Wayne A. Shade, Aerospace Engineer,

Airframe and Propulsion Branch, ACE–

117A , FAA, Small Airplane Directorate,

Atlanta Aircraft Certification Office,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30349; telephone (770)

703–7337; 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 Gulfstream

Aerospace Corporation Model G–159

(G–I) airplanes was published in the

Federal Register on April 27, 1998 (63

FR 20556). That action proposed to

require revising the Limitations Section

of the Airplane Flight Manual (AFM) to

prohibit the positioning of the power
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34269

levers below the flight idle stop while

the airplane is in flight, and to add a

statement of the consequences of

positioning the power levers below the

flight idle stop while the airplane is in

flight.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Interim Action

This is considered interim action

until final action is identified, at which

time the FAA may consider further

rulemaking.

Cost Impact

There are approximately 143

Gulfstream Model G–159 (G–I) airplanes

of the affected design in the worldwide

fleet. The FAA estimates that 63

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 $3,780, 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.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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:

98–13–30 Gulfstream Aerospace

Corporation (Formerly Grumman):

Amendment 39–10621. Docket 97–NM–

302–AD.

Applicability: All Model G–159 (G–I)

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 with 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) For turbopropeller-powered Gulfstream

Model G–159 (G–1) airplanes: 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 the propeller flight fine

pitch lock selector to the ground interlock

position in flight is PROHIBITED. Such

positioning may lead to loss of airplane

control.’’

(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, FAA, Small

Airplane Directorate, Atlanta Aircraft

Certification Office (ACO). Operators shall

submit their requests through an appropriate

FAA Principal Operations Inspector, who

may add comments and then send it to the

Manager, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta 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.

(d) This amendment becomes effective on

July 29, 1998.

Issued in Renton, Washington, on June 16,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–16493 Filed 6–23–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–304–AD; Amendment

39–10620; AD 98–13–29]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all EMBRAER Model

EMB–120 series airplanes, that requires

revising the Airplane Flight Manual

(AFM) to prohibit positioning the power

levers below the flight idle stop. This

amendment is prompted by incidents

and accidents involving airplanes

equipped with turboprop engines in

which the ground propeller beta range

was used improperly during flight. The

actions specified by this AD are

intended to prevent loss of airplane