34554 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

7 CFR Part 801

RIN 0580–AA60

Tolerances for Moisture Meters

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.

ACTION: Interim rule with request for

comments.

SUMMARY: The Grain Inspection, Packers

and Stockyards Administration (GIPSA)

is amending regulations under the

United States Grain Standards Act

(USGSA) by revising tolerances for

moisture meters used in official grain

inspection services. GIPSA is making

this revision to reflect tolerances for

both the current official moisture meter,

the Motomco Model 919, and the

Dickey-john GAC 2100, which will be

phased in as the new official moisture

meter beginning on August 1, 1998.

DATES: This interim rule is effective

August 1, 1998. To be assured of

consideration, written comments must

be filed before August 24, 1998.

ADDRESSES: Written comments must be

sent to Sharon Vassiliades, GIPSA,

USDA, STOP 3649, Washington, D.C.

20250–3649; FAX to (202) 720–4628; or

e-mail svassili@fgisdc.usda.gov.

All comments received will be made

available for public inspection in Room

0623, USDA South Building, 1400

Independence Avenue, SW,

Washington, D.C., during business

hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT:

Sharon Vassiliades, address as above,

telephone (202) 720–1738.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This interim rule has been determined

to be not significant for purposes of

Executive Order 12866 and, therefore,

has not been reviewed by OMB.

Executive Order 12988

This interim rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This action is not

intended to have a retroactive effect.

The Act provides in section 87g that no

State or subdivision may require or

impose any requirements or restrictions

concerning the inspection, weighing, or

description of grain under the Act.

Otherwise, this rule will not preempt

any State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

There are no administrative procedures

which must be exhausted prior to any

judicial challenge to the provisions of

this rule.

Effect on Small Entities

The Administrator of GIPSA certifies

that this rule will not have a significant

impact on a substantial number of small

entities as defined in the Regulatory

Flexibility Act (5 U.S.C. 601). GIPSA is

making this revision to reflect tolerances

for the current official moisture meter,

the Motomco Model 919, and the

Dickey-john GAC 2100, which is being

phased in as the new official moisture

meter beginning on August 1, 1998. The

revised tolerances will be applied to

moisture meters owned and used by

GIPSA, 8 delegated States, and the 57

official agencies (49 private entities and

8 State agencies) to perform official

grain inspection services. Most of these

agencies would be considered small

entities under Small Business

Administration criteria. Although the

check testing procedure for the new

meter is simpler than that for the

current meter, the tolerance on the new

moisture meter used for official

inspection is being neither tightened nor

relaxed as compared to the tolerances

for the current meter. There is,

therefore, little impact of making these

tolerance changes in the regulations on

small or large entities engaged in the

inspection of grain.

Information Collection and

Recordkeeping Requirements.

In accordance with the Paperwork

Reduction Act of 1995, the

recordkeeping and reporting burden

imposed by Part 801 was previously

approved by OMB under control

number 0580–0013 and will not be

affected by this rule.

Background

GIPSA has selected a new official

moisture meter for the national grain

inspection system. This was announced

in the Federal Register on April 9, 1998

(63 FR 17356). In a separate notice

document published in the Federal

Register on this date, GIPSA announces

that as of August 1, 1998, all official

moisture content measurements of corn,

soybeans, and sunflower seed inspected

under the USGSA will be made with the

GAC 2100. Transition dates for other

grains will be announced separately at

a later time. Use of the new instruments

for official moisture measurements will

be phased in over a 2-year period. The

maintenance tolerances for moisture

meters are stated for low, mid, and high

moisture ranges for both direct

comparison and sample exchange

testing. These tolerances have been and

will continue to be applied to the

Motomco 919 moisture meters used for

official inspection until such time as

they are replaced by the GAC 2100.

Differences in technology between the

GAC 2100 and the Motomco 919 have

necessitated the development of a new

procedure for checking the performance

of individual GAC 2100 meters against

standard meters to determine whether

they are in tolerance. The current three

moisture range tolerances and the direct

comparison method for checking

meters, other than Headquarters meters,

used for the Motomco 919 will not be

needed to determine if the GAC 2100

meters are in tolerance. The current mid

range moisture tolerance for

Headquarters, and all other than

Headquarters meters, will be used to

determine if the GAC 2100 is within

tolerance. Further, for the meters other

than Headquarters, only the sample

exchange method will be used.

Pursuant to 5 U.S.C. 553, it is found

and determined upon good cause that it

is impracticable, unnecessary, and

contrary to the public interest to give

preliminary notice prior to putting this

rule into effect and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) the tolerance for the new

moisture meter is being neither

tightened nor relaxed as compared to

the tolerance for the current meter; (2)

the 1999 grain market year begins

August 1, 1998, and the changes should

be in effect to allow the use of the new

moisture meter at the beginning of the

marketing year for corn, soybeans and

sunflower seed; (3) this rule provides a

60-day opportunity for comment, and

all written comments timely received

will be considered prior to finalization

of the rule.

List of Subjects in 7 CFR Part 801

Grains, Scientific equipment.

For reasons set forth in the preamble,

7 CFR Part 801 is amended as follows:

1. The authority citation for Part 801

continues to read as follows:

Authority: Pub. L. 94–582, 90 Stat 2867, as

amended (7 U.S.C. 71 et seq.).

2. Section 801.6 is revised to read as

follows:

§ 801.6 Tolerances for moisture meters.

(a) The maintenance tolerances for

Motomco 919 moisture meters used in

performing official inspection services

shall be:

(1) Headquarters standard meters:
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34555

Moisture range

Tolerance

Direct comparison Sample exchange

Low ................... ±0.05 percent moisture, mean deviation from National standard moisture meter using Hard Red Winter wheat

Mid .................... ± 0.05 percent moisture, mean deviation from National standard moisture meter using Hard Red Winter wheat

High .................. ± 0.05 percent moisture, mean deviation from National standard moisture meter using Hard Red Winter wheat

(2) All other than Headquarters

standard meters:

Moisture range

Tolerance

Direct comparison Sample exchange

Low ................... ± 0.15 percent moisture, mean deviation from standard moisture meter using Hard Red Winter wheat± 0.20 percent moisture, mean deviation from standard moisture meter using Hard Red Winter wheat.

Mid .................... ± 0.10 percent moisture, mean deviation from standard moisture meter using Hard Red Winter wheat± 0.15 percent moisture, mean deviation from standard moisture meter using Hard Red Winter wheat.

High .................. ± 0.15 percent moisture, mean deviation from standard moisture meter using Hard Red Winter wheat± 0.20 percent moisture, mean deviation from standard moisture meter using Hard Red Winter wheat.

(b) The maintenance tolerances for

GAC 2100 moisture meters used in

performing official inspection services

shall be:

(1) Headquarters standard meters. By

direct comparison using mid-range Hard

Red Winter wheat, ± 0.05% mean

deviation for the average of the

Headquarters standard moisture meters.

(2) All other than Headquarters

standard meters. By sample exchange

using mid-range Hard Red Winter

wheat, ± 0.15% mean deviation from the

standard meter.

Dated: June 19, 1998.

David R. Shipman,

Acting Administrator, Grain Inspection,

Packers and Stockyards Administration.

[FR Doc. 98–16964 Filed 6–24–98; 8:45 am]

BILLING CODE 3410–EN–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–143–AD; Amendment

39–10597; AD 98–13–09]

RIN 2120–AA64

Airworthiness Directives; AERMACCHI

S.p.A. Models F.260, F.260B, F.260C,

and F.260D Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain AERMACCHI S.p.A.

(AERMACCHI) Models F.260, F.260B,

F.260C, and F.260D airplanes. This AD

requires marking the airspeed indicator

to indicate the correct flap operation

range and stall speed of the airplane.

This AD is the result of mandatory

continuing airworthiness information

(MCAI) issued by the airworthiness

authority for Italy. The actions specified

by this AD are intended to prevent the

airplane from stalling at an airspeed

higher than anticipated, which could

result in loss of control of the airplane.

DATES: Effective August 1, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 1,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

AERMACCHI, Product Support, Via

Indipendenza 2, 21018 Sesto Calende

(VA), Italy; telephone: +39–331–929117;

facsimile: +39–331–922525. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–143–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106; or at the Office of the Federal

Register, 800 North Capitol Street, NW,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

David O. Keenan, Project Officer, FAA,

Small Airplane Directorate, Aircraft

Certification Service, 1201 Walnut, suite

900, Kansas City, Missouri 64106;

telephone: (816) 426–6934; facsimile:

(816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to certain AERMACCHI Models

F.260, F.260B, F.260C, and F.260D

airplanes was published in the Federal

Register as a notice of proposed

rulemaking (NPRM) on April 13, 1998

(63 FR 17969). The NPRM proposed to

require marking the airspeed indicator

with a black arc to indicate the correct

stall speed and flap operation range of

the airplane. Accomplishment of the

proposed action as specified in the

NPRM would be in accordance with

SIAI Marchetti S.p.A. Service Bulletin

No. 260B54, dated May 28, 1993.

The NPRM was the result of

mandatory continuing airworthiness

information (MCAI) issued by the

airworthiness authority for Italy.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.