Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38295

detect damage, in accordance with the

service bulletin.

(i) If the bushing housings are not

damaged, prior to further flight, reinstall the

bushing in accordance with the service

bulletin. Repeat the detailed visual

inspections of the bushings thereafter at

intervals not to exceed 450 flight hours until

the modification required by paragraph (c) of

this AD is accomplished.

(ii) If any bushing housing is damaged,

prior to further flight, ream the door structure

and install an oversize shouldered bushing,

in accordance with the service bulletin. If the

damage is not completely removed after

reaming, prior to further flight, repair the

bushing housing in accordance with a

method approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate.

(b) For Model A320 and Model A321 series

airplanes on which Airbus Modification

22422 has been installed in production:

Within 450 flight hours after the effective

date of this AD, perform a detailed visual

inspection to verify proper installation of the

plain bushings of the upper and lower

connection links (2 bushings per door), in

accordance with Airbus All Operators Telex

AOT 52–07, dated July 28, 1994, or Airbus

Service Bulletin A320–52–1066, dated March

6, 1995.

(1) If the bushings are installed properly,

repeat the detailed visual inspection

thereafter at intervals not to exceed 900 flight

hours, until the modification required by

paragraph (d) of this AD is accomplished.

(2) If any bushing is found to be

improperly installed, prior to further flight,

modify the frame segment bushings in

accordance with Airbus Service Bulletin

A320–52–1064, Revision 1, dated September

8, 1995. Accomplishment of the modification

constitutes terminating action for the

requirements of this AD.

(c) For Model A320 series airplanes on

which Airbus Modification 22422 has not

been installed in production: Within 3,500

flight hours after the effective date of this AD,

install shouldered bushings on the frame

segment used for attachment of the

connection links (Kit No. 521027A02), in

accordance with Airbus Service Bulletin

A320–52–1027, Revision 3, dated December

10, 1993. Accomplishment of this

modification constitutes terminating action

for the repetitive inspection requirements of

paragraph (a) of this AD.

Note 2: Replacement in accordance with

Airbus Service Bulletin A320–52–1027,

Revision 2, dated February 18, 1993, is

considered acceptable for compliance with

the requirements of paragraph (c) of this AD.

(d) For Model A320 and Model A321 series

airplanes on which Airbus Modification

22422 has been installed in production:

Within 15 months after the effective date of

this AD, modify the frame segment bushing

in accordance with Airbus Service Bulletin

A320–52–1064, Revision 1, dated September

8, 1995. Accomplishment of the modification

constitutes terminating action for the

repetitive detailed visual inspection

requirements of paragraph (b) of this AD.

(e) 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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(f) Special flight permits may be issued in

accordance with §§ 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.

(g) Except for the repair action provided in

paragraph (a)(2)(ii), the actions shall be done

in accordance with the following Airbus

Service Bulletins and All Operators Telex

(AOT), which contain the specified list of

effective pages:

Service bulletin and AOT referenced and date Page No. Rrevision level

shown on page Date shown on page

Service Bulletin A320–52–1047, April 25, 1994 ............................. 1–15 ............................................ Original ............. April 25, 1994.

AOT 52–07, July 28, 1994 .............................................................. 1–2 .............................................. Original ............. July 28, 1994.

Service Bulletin A320–52–1066, March 6, 1995. ........................... 1–13 ............................................ Original ............. March 6, 1995.

Service Bulletin A320–52–1064, Revision 1, September 8, 1995. 1–4, 8, 21 ....................................

5–7, 9–20 ....................................

1 .......................

Original .............

September 8, 1995.

November 28, 1994.

Service Bulletin A320–53–1027, Revision 3, December 10, 1993 1–6, 8, 11, 18, 19 .......................

37–42 ..........................................

3 ....................... December 10, 1993.

7, 12, 14–17, 20–36 .................... 1 ....................... September 25, 1992

9, 10 ............................................ Original ............. January 30, 1992.

13 ................................................ 2 ....................... February 18, 1993.

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 Airbus Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 4: The subject of this AD is addressed

in French airworthiness directive 93–207–

048(B), dated December 8, 1993.

(h) This amendment becomes effective on

August 20, 1998.

Issued in Renton, Washington, on July 8,

1998.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–18768 Filed 7–15–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–92–AD; Amendment 39–

10664; AD 98–15–13]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company 90, 100, 200, and 300

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Raytheon Aircraft

Company (Raytheon) 90, 100, 200, and

300 series airplanes (formerly known as

Beech Aircraft Corporation 90, 100, 200,
38296 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

and 300 series airplanes). This AD

requires: checking the airplane

maintenance records from January 1,

1994, up to and including the effective

date of this AD, for any MIL–H–6000B

fuel hose replacements on the affected

airplanes; inspecting any replaced

rubber fuel hose for a spiral or diagonal

external wrap with a red stripe the

length of the hose with 94519 printed

along the stripe; and replacing any MIL–

H–6000B rubber fuel hose matching this

description with an FAA-approved hose

having a criss-cross or braided external

wrap. This AD was prompted by a

report of a product defect by the

manufacturer that could cause fuel

system blockage and engine stoppage.

The actions specified by this AD are

intended to prevent fuel flow

interruption, which could lead to

uncommanded loss of engine power and

loss of control of the airplane.

DATES: Effective August 28, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 28,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

Raytheon Aircraft Company, P.O. Box

85, Wichita, Kansas 67201–0085;

telephone: (800) 625–7043. 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–92–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.

Randy Griffith, Aerospace Engineer,

FAA, Wichita Aircraft Certification

Office, Room 100, 1801 Airport Rd.,

Wichita, Kansas 67209; telephone: (316)

946–4145; facsimile: (316) 946–4407.

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 Raytheon 90, 100, 200,

and 300 series airplanes was published

in the Federal Register as a notice of

proposed rulemaking (NPRM) on March

4, 1998 (63 FR 10573). The NPRM

proposed to require: replacing all of the

MIL–H–6000B rubber fuel hoses in the

affected airplanes that were

manufactured from January 1, 1994, and

after, with an FAA-approved rubber fuel

hose that has a criss-cross or braided

pattern on the external wrap. For

airplanes manufactured prior to January

1, 1994, the proposed AD would require

checking the airplane maintenance

records from January 1, 1994, up to and

including the effective date of the

proposed AD, for any MIL–H–6000B

rubber fuel hose replacements; and, if a

replacement has been made, checking

the replacement hose for diagonal or

spiral wrap that has a 3⁄8-inch-wide red

or orange-red, length-wise stripe, with

the manufacturer’s code, 94519, printed

periodically along the line in red letters

on one side. In the case of the Raytheon

Models C90A, B200, and B300 airplanes

with this fuel hose installed at the

factory, the proposed AD would require

replacing the fuel hoses with FAAapproved MIL–H–6000B fuel hoses that

have a criss-cross or braided external

wrap. Accomplishment of the proposed

action as specified in the NPRM would

be in accordance with Raytheon Aircraft

Mandatory Service Bulletin No. 2718,

Rev. 1, Issued: January, 1997, Revised:

June, 1997.

The NPRM was the result of a report

of a product defect by the manufacturer

that could cause fuel system blockage

and engine stoppage.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the one

comment received.

The FAA received a comment from

the manufacturer, Raytheon Aircraft

Company. Raytheon states that the

Model C90B listed in the applicability

section of the proposed AD should

actually be listed as Model C90A

because the model number C90B was

only used as a designation on certain

airplanes for marketing purposes. There

are not actually any Raytheon airplanes

with the model number C90B.

The FAA concurs and will change the

model number in the applicability

section of the AD to read:

Model Serial No.

C90A ...... LJ–1288, LJ–1295, and LJ–1300

through LJ–1445.

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 the

model change referenced above and

minor editorial corrections. The FAA

has determined that this change and

minor corrections will not change the

meaning of the AD and will not add any

additional burden upon the public than

was already proposed.

Cost Impact

The FAA estimates that 4,868

airplanes in the U.S. registry will be

affected by this AD, that it will take

approximately 1 workhour per airplane

to accomplish this initial check, and

that the average labor rate is

approximately $60 an hour. Parts and

labor cost will be covered under the

manufacturer’s warranty program if the

hose is returned to the manufacturer.

Based on these figures, the total cost

impact of this AD on U.S. operators is

estimated to be $292,080 or $60 per

airplane.

Since an owner/operator who holds at

least a private pilot’s certificate as

authorized by sections 43.7 and 43.9 of

the Federal Aviation Regulations (14

CFR 43.7 and 43.9) can accomplish the

initial check of the airplane

maintenance records, the only cost

impact upon the public is the time it

will take the affected airplane owners/

operators of airplanes to check the

records. The FAA has not taken into

account the cost of the inspection of the

hoses because this inspection would be

on the condition a hose replacement

had been made within a certain time

frame. The cost of replacing the hose is

not included in the initial cost estimate,

since the manufacturer is offering

warranty credit for the hose

replacement.

The cost impact figure discussed

above is based on the assumption that

no operator has yet accomplished any of

the requirements of this AD action, and

that no operator will accomplish these

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 copy of the final
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38297

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, 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 a new airworthiness directive

(AD) to read as follows:

98–15–13 Raytheon Aircraft Company:

Amendment 39–10664; Docket No. 97–

CE–92–AD.

Applicability: The following airplane

models and serial numbers, certificated in

any category.

Note 1: The airplane models and serial

numbers listed in this AD take precedence

over those listed in Raytheon Aircraft Service

Bulletin No. 2718, Rev. 1, Issued: January,

1997; Revised: June, 1997.

Models Serial Nos.

65–90 .................................. LJ–1 through LJ–75, and LJ–77 through LJ–113.

65–A90 ............................... LJ–76, LJ–114 through LJ–317, and LJ–178A.

B90 ..................................... LJ–318 through LJ–501.

C90 ..................................... LJ–502 through LJ–1062.

C90A ................................... LJ–1063 through LJ–1445.

E90 ..................................... LW–1 through LW–347.

F90 ...................................... LA–2 through LA–236.

H90 ..................................... LL–1 through LL–61.

100 ...................................... B–2 through B–89, and B–93.

A100 ................................... B–1, B–90 through B–92, B–94 through B–204, and B–206 through B–247.

A100–1 (RU–21J) ............... BB–3 through BB–5.

B100 ................................... BE–1 through BE–137.

200 ...................................... BB–2, BB–6 through BB–185, BB–187 through BB–202, BB–204 through BB–269, BB–271 through BB–407, BB–

409 through BB–468, BB–470 through BB–488, BB–490 through BB–509, BB–511 through BB–529, BB–531

through BB–550, BB–552 through BB–562, BB–564 through BB–572, BB–574 through BB–590, BB–592 through

BB–608, BB–610 through BB–626, BB–628 through BB–646, BB–648 through BB–664, BB–735 through BB–

792, BB–794 through BB–797, BB–799 through BB–822, BB–824 through BB–828, BB–830 through BB–853,

BB–872, BB–873, BB–892, BB–893, and BB–912.

200C ................................... BL–1 through BL–23, and BL–25 through BL–36.

200CT ................................. BN–1.

200T .................................... BT–1 through BT–22, and BT–28.

A200 ................................... BC–1 through BC–75, and BD–1 through BD–30.

A200C ................................. BJ–1 through BJ–66.

A200CT ............................... BP–1, BP–7 through BP–11, BP–22, BP–24 through BP–63, FC–1 through FC–3, FE–1 through FE–36, and GR–

1 through GR–19.

B200 ................................... BB–829, BB–854 through BB–870, BB–874 through BB–891, BB–894, BB–896 through BB–911, BB–913 through

BB–990, BB–992 through BB–1051, BB–1053 through BB–1092, BB–1094, BB–1095, BB–1099 through BB–

1104, BB–1106 through BB–1116, BB–1118 through BB–1184, BB–1186 through BB–1263, BB–1265 through

BB–1288, BB–1290 through BB–1300, BB–1302 through BB–1425, BB–1427 through BB–1447, BB–1449, BB–

1450, BB–1452, BB–1453, BB–1455, BB–1456, and BB–1458 through BB–1536.

B200C ................................. BL–37 through BL–57, BL–61 through BL–140, BU–1 through BU–10, BV–1 through BV–12, and BW–1 through

BW–21.

B200CT ............................... BN–2 through BN–4, BU–11, BU–12, FG–1, and FG–2.

B200T ................................. BT–23 through BT–27, and BT–29 through BT–38.

300 ...................................... FA–1 through FA–230, and FF–1 through FF–19.

B300 ................................... FL–1 through FL–141.

B300C ................................. FM–1 through FM–9, and FN–1.

Note 2: 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 (f) 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 in the

body of this, unless already accomplished.

To prevent fuel flow interruption, which if

not corrected, could lead to uncommanded

loss of engine power and loss of control of

the airplane, accomplish the following:

(a) For airplanes manufactured prior to

January 1, 1994: within the next 200 hours

time-in-service (TIS) after the effective date

of this AD, check the airplane maintenance

records for any MIL–H–6000B fuel hose

replacement from January 1, 1994, up to and

including the effective date of this AD.

Accomplish the following in accordance with

PART II of the ACCOMPLISHMENT

INSTRUCTIONS section in Raytheon Aircraft

Mandatory Service Bulletin (SB) No. 2718,

Rev. 1, Issued: January, 1997; Revised: June,

1997:

(1) If the airplane records show that an

MIL–H–6000B fuel hose has been replaced,

prior to further flight, inspect the airplane

fuel hoses for a 3⁄8-inch-wide red or orangered, length-wise stripe, with the

manufacturer’s code, 94519, printed

periodically along the line in red letters on

one side. The hoses have a spiral or diagonal

outer wrap with a fabric-type texture on the

rubber surface.

(2) Prior to further flight, replace any fuel

hose that matches the description in

paragraph (a)(1) of this AD with an FAAapproved MIL–H–6000B fuel hose that has a

criss-cross or braided external wrap.
38298 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

(b) An owner/operator holding at least a

private pilot certificate as authorized by

section 43.7 of the Federal Aviation

Regulations (14 CFR 43.7) can accomplish

paragraph (a) required by this AD, and must

enter the accomplished action into the

aircraft records showing compliance with

this AD in accordance with section 43.9 of

the Federal Aviation Regulations (14 CFR

43.9).

(c) For Raytheon Models C90A, B200, and

B300 airplanes that were manufactured on

January 1, 1994, and after: within the next

200 hours time-in-service (TIS) after the

effective date of this AD, replace the MIL–H–

6000B fuel hoses in accordance with PART

I of the ACCOMPLISHMENT

INSTRUCTIONS section of Raytheon SB No.

2718, Rev. 1, Issued: January, 1997, Revised:

June, 1997.

(d) As of the effective date of this AD, no

person shall install a rubber fuel hose having

spiral or diagonal external wrap with a 3⁄8-

inch-wide red or orange-red, length-wise

stripe running down the side of the hose,

with the manufacturer’s code, 94519, printed

periodically along the line in red letters on

any of the affected airplanes.

(e) 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.

(f) An alternative method of compliance or

adjustment of the compliance times that

provides an equivalent level of safety may be

approved by the Manager, Wichita Aircraft

Certification Office, Room 100, 1801 Airport

Rd., Wichita, Kansas 67209. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Wichita Aircraft Certification Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita Aircraft

Certification Office.

(g) The inspection and replacement

required by this AD shall be done in

accordance with Raytheon Aircraft

Mandatory Service Bulletin No. 2718, Rev. 1,

Issued: January, 1997; Revised: June, 1997.

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 to Raytheon Aircraft Company, P.O. Box

85, Wichita, Kansas 67201–0085. Copies may

be inspected at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW, suite 700,

Washington, DC.

(h) This amendment becomes effective on

August 28, 1998.

Issued in Kansas City, Missouri, on July 9,

1998.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–18868 Filed 7–15–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 622

[Docket No. 971128281–8165–02; I.D.

102197D]

RIN 0648–AG27

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern

Atlantic States; Golden Crab Fishery

Off the Southern Atlantic States;

Amendment 8; OMB Control Numbers

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement the approved measures in

Amendment 8 to the Fishery

Management Plan for the SnapperGrouper Fishery of the South Atlantic

Region (FMP). This final rule limits

access to the commercial snappergrouper fishery; allows the retention of

snapper-grouper in excess of the bag

limits on a permitted vessel that has a

single bait net or cast nets on board;

and, subject to specific conditions,

exempts snapper-grouper lawfully

harvested in Bahamian waters from the

requirement that they be maintained on

board a vessel in the exclusive

economic zone (EEZ) of the South

Atlantic with head and fins intact. This

final rule also corrects the regulations

for golden crab. Finally, NMFS informs

the public of the approval by the Office

of Management and Budget (OMB) of

the collection-of-information

requirements contained in this rule,

publishes the OMB control number for

these collections, and corrects the list of

control numbers applicable to title 50 of

the Code of Federal Regulations. The

intended effects of this rule are to

conserve and manage the snappergrouper resources off the southern

Atlantic states.

DATES: This final rule is effective August

17, 1998, except that the amendments to

15 CFR 902.1(b), 50 CFR 622.4(g),

622.7(b), and 622.40(b)(3)(ii)(B), and the

addition of § 622.18 to subpart B are

effective July 16, 1998, and the

amendments to § 622.4(a)(2)(vi) and

§ 622.44 introductory text and the

revision of § 622.44(c) are effective

December 14, 1998.

ADDRESSES: Copies of the final

regulatory flexibility analysis (FRFA)

may be obtained from the Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702. Comments regarding the

collection-of-information requirements

contained in this rule should be sent to

Edward E. Burgess, Southeast Regional

Office, NMFS, 9721 Executive Center

Drive N., St. Petersburg, FL 33702, and

to the Office of Management and Budget

(OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Peter Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

snapper-grouper fishery off the southern

Atlantic states is managed under the

FMP. The FMP was prepared by the

South Atlantic Fishery Management

Council (Council) and is implemented

under the authority of the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act) by regulations at 50 CFR part 622.

On October 30, 1997, NMFS

announced the availability of

Amendment 8 and requested comments

on the amendment (62 FR 58703). On

January 12, 1998, NMFS published a

proposed rule to implement the

measures in Amendment 8 and

additional measures proposed by NMFS

and requested comments on the rule (63

FR 1813). The background and rationale

for the measures in the amendment and

proposed rule, including a detailed

explanation of the limited access

program and key dates, are contained in

the preamble to the proposed rule and

are not repeated here. On January 28,

1998, after considering the comments

received on the amendment and

proposed rule, NMFS partially approved

Amendment 8. Revised definitions of

‘‘overfishing,’’ ‘‘overfished,’’ and of

‘‘threshold level’’ were disapproved.

Definitions of Overfishing, Overfished,

and Threshold Level

NMFS disapproved the revised

definitions of overfished/overfishing

and the threshold criterion for all

snapper-grouper species because they

were inconsistent with the MagnusonStevens Act requirement to prevent

overfishing. Specifically, reducing the

overfished/overfishing definitions from

the 30-percent to the 20-percent level of

the spawning potential ratio (SPR) could

allow a higher level of fishing mortality

that would jeopardize the capacity of

the fisheries to produce maximum

sustainable yield (MSY) on a continuing

basis. Retention of the overfished/

overfishing definitions at the 30-percent

SPR level is more risk averse and more

likely to assure the attainment of MSY

on a continuing basis. The SPR Strategy