This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

21107

Vol. 66, No. 82

Friday, April 27, 2001

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 956

[Docket No. FV01–956–1]

Sweet Onions Grown in the Walla

Walla Valley of Southeast Washington

and Northeast Oregon; Continuance

Referendum

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Referendum order.

SUMMARY: This document directs that a

referendum be conducted among

eligible growers of sweet onions in the

Walla Walla Valley of southeast

Washington and northeast Oregon, to

determine whether they favor

continuance of the marketing order

regulating the handling of sweet onions

grown in the production area.

DATES: The referendum will be

conducted from April 30, 2001 through

May 19, 2001. To vote in this

referendum, growers must have been

producing Walla Walla sweet onions

within the designated production area

in Washington and Oregon, during the

period June 1, 2000, through March 30,

2001.

ADDRESSES: Copies of the marketing

order may be obtained from the office of

the referendum agents at 1220 SW Third

Avenue, suite 385, Portland, Oregon

97204, or the Office of the Docket Clerk,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456.

FOR FURTHER INFORMATION CONTACT:

Dennis L. West, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, suite 385; telephone

(503) 326–2724; fax (503) 326–7440; or

Melissa Schmaedick, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2522–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone (202) 720–

2491; fax (202) 720–5698.

SUPPLEMENTARY INFORMATION: Pursuant

to Marketing Agreement and Order No.

956 (7 CFR part 956), hereinafter

referred to as the ‘‘order,’’ and the

applicable provisions of the Agricultural

Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601–674), hereinafter

referred to as the ‘‘Act,’’ it is hereby

directed that a referendum be conducted

to ascertain whether continuance of the

order is favored by the growers. The

referendum shall be conducted from

April 30, 2001, through May 19, 2001,

among Walla Walla sweet onion growers

in the production area. Only growers

that were engaged in the production of

Walla Walla sweet onions in

Washington and Oregon, during the

period of June 1, 2000, through March

30, 2001, may participate in the

continuance referendum.

The Secretary of Agriculture has

determined that continuance referenda

are an effective means for determining

whether growers favor continuation of

marketing order programs. The

Secretary would consider termination of

the order if less than two-thirds of the

growers voting in the referendum, and

growers of less than two-thirds of the

volume of Walla Walla sweet onions

represented in the referendum favor

continuance. In evaluating the merits of

continuance versus termination, the

Secretary will consider the results of the

referendum and other relevant

information regarding operation of the

order. The Secretary will evaluate the

order’s relative benefits and

disadvantages to growers, handlers, and

consumers to determine whether

continuing the order would tend to

effectuate the declared policy of the Act.

In accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C.

Chapter 35), the ballot materials to be

used in the referendum herein ordered

have been submitted to and approved by

the Office of Management and Budget

(OMB) and have been assigned OMB

No. 0581–0089. It has been estimated

that it will take an average of 20 minutes

for each of the approximately 60

growers of Walla Walla sweet onions in

Washington and Oregon to cast a ballot.

Participation is voluntary. Ballots

postmarked after May 19, 2001, will not

be included in the vote tabulation.

Gary D. Olson and Dennis L. West of

the Northwest Marketing Field Office,

Fruit and Vegetable Programs, AMS,

USDA, are hereby designated as the

referendum agents of the Secretary of

Agriculture to conduct such

referendum. The procedure applicable

to the referendum shall be the

‘‘Procedure for the Conduct of

Referenda in Connection With

Marketing Orders for Fruits, Vegetables,

and Nuts Pursuant to the Agricultural

Marketing Agreement Act of 1937, as

Amended’’ (7 CFR Part 900.400 et. seq).

Ballots will be mailed to all growers

of record and may also be obtained from

the referendum agents, or from their

appointees.

List of Subjects in 7 CFR Part 956

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

Authority: 7 U.S.C. 601–674.

Dated: April 24, 2001.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 01–10596 Filed 4–25–01; 10:40 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–120–AD]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

EMBRAER Model EMB–120 series

airplanes. This proposal would require

replacing certain existing

potentiometers with recently

manufactured potentiometers,

modifying the flexible couplers that

attach the shafts of the potentiometers to

the shafts of the primary flight controls,

performing repetitive calibration tests of

the potentiometers and obtaining

21108 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Proposed Rules

repetitive readouts of the flight data

recorder (FDR), and reporting the results

to the FAA. This action is necessary to

prevent the potentiometers that provide

information on the positions of the

primary flight controls to the FDR from

transmitting noisy signals or becoming

improperly calibrated, resulting in the

transmission of incomplete or

inaccurate data to the FDR. This lack of

reliable data could hamper discovery of

the unsafe condition which caused an

accident or an incident and prevent the

FAA from developing and mandating

actions to prevent additional incidents

or accidents caused by that same unsafe

condition.

DATES: Comments must be received by

May 29, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

120–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2000–NM–120–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

the proposed rule may be obtained from

Empresa Brasileira de Aeronautica S.A.

(EMBRAER), P.O. Box 343—CEP 12.225,

Sao Jose dos Campos—SP, Brazil. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: Rob

Capezzuto, Aerospace Engineer, ACE–

116A, FAA, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30349; telephone (770)

703–6071; fax (770) 703–6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this action may be changed in light

of the comments received.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the proposed AD is being

requested.

• Include justification (e.g., reasons or

data) for each request.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this action

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000–NM–120–AD.’’

The postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

2000–NM–120–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Departmento de Aviacao Civil

(DAC), which is the airworthiness

authority for Brazil, notified the FAA

that an unsafe condition may exist on

certain EMBRAER Model EMB–120

series airplanes. The DAC advises that

screws on flexible couplers that attach

the shafts of the primary flight controls

to the shafts of potentiometers may

become loose. In this case, erroneous

data may be transmitted from the

primary flight controls—the ailerons,

the elevators, and the rudder—to the

flight data recorder (FDR). Therefore,

the DAC has issued Brazilian

airworthiness directive 97–08–01, dated

August 29, 1997, requiring application

of adhesive to the screws to lock them

in place.

In addition, an investigation of the

FDR system indicated that these

potentiometers were producing noisy

signals. EMBRAER, the manufacturer of

the airplanes, and Penny & Giles, the

manufacturer of the potentiometers,

have attributed the noisy signals to an

oxide film which forms on the windings

of the potentiometers, if the

potentiometers are kept in storage for an

extended time.

Finally, investigation of various

accidents and incidents has revealed

that improperly operating

potentiometers have prevented the

recording of complete and accurate data

which, in some cases, has prevented

determination of the cause of an

incident or accident.

FAA’s Determination of Unsafe

Condition

This action is necessary to prevent the

potentiometers that provide information

on the positions of the primary flight

controls to the FDR from functioning

improperly, resulting in the

transmission of incomplete or

inaccurate data to the FDR. Improper

functioning of the potentiometers does

not directly affect the safety of the

airplane on which they are located.

However, should an airplane with

improperly functioning potentiometers

also have an unrelated unsafe condition

which results in an incident or accident,

the data retrieved from the FDR will be

incomplete or inaccurate. This lack of

reliable data could hamper discovery of

the unsafe condition which caused the

accident or incident and prevent the

FAA from developing and mandating

actions to prevent additional incidents

or accidents caused by that same unsafe

condition. Therefore, the FAA has

determined that the proposed action is

necessary.

It should be noted that the purpose of

this action is not to enhance the safety

of the EMB–120, but rather to restore the

level of safety provided by the originally

approved FDR. Therefore, this AD is the

appropriate regulatory vehicle to

achieve this purpose.

Explanation of Relevant Service

Information

EMBRAER has issued Service Bulletin

120–31–0038, Change 02, dated June 25,

1998, which describes procedures for

applying adhesive to the screws of the

flexible couplers which attach the shafts

of the potentiometers to the shafts of the

primary flight controls to prevent them

from becoming loose. The DAC

classified this service bulletin as

mandatory and issued Brazilian

Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Proposed Rules 21109

Airworthiness Directive 97–08–01,

dated August 29, 1997.

FAA’s Conclusions

This airplane model is manufactured

in Brazil and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DAC has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the DAC,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of

Proposed Rule

Since improperly functioning

potentiometers may prevent discovery

of an unsafe condition that is likely to

exist or develop on other airplanes of

the same type design registered in the

United States, the proposed AD would

require removing existing

potentiometers and replacing them with

recently-manufactured potentiometers,

and performing repetitive testing of the

calibration of the new potentiometers

and obtaining repetitive readouts of the

FDR. These actions would be required

to be accomplished in accordance with

the EMBRAER EMB–120 Maintenance

Manual or the EMBRAER EMB–120

service bulletin described previously. In

addition, the proposed AD would

require submission of the results of the

calibration tests and the FDR readouts to

the FAA.

Differences Between Proposed AD and

Brazilian Airworthiness Directive

The Brazilian airworthiness directive

requires only the application of

adhesive over the threads of the screws

of the flexible couplers which attach the

shafts of the potentiometers to the shafts

of the primary flight controls. The

application is to be accomplished by the

next ‘‘A’’ check or within the next 400

flight hours after the effective date of the

AD, whichever occurs first.

The proposed AD would also require

replacing existing potentiometers for the

primary flight controls with

potentiometers that were recently

manufactured, performing repetitive

calibration tests of the potentiometers

and obtaining repetitive readouts of the

FDR, and submitting the results to the

FAA. The compliance time proposed for

these more extensive requirements is 6

months.

Interim Action

This proposed AD is considered to be

interim action. It would require

operators to perform calibration tests of

potentiometers and to obtain readouts of

FDR’s at intervals not to exceed 6

months and to submit reports of the

results to the FAA for 2 years. The

reports will be used to determine

whether the proposed corrective actions

adequately address the noisy signals,

loose couplers, and incorrect

calibrations which have been found. If

they do not, the FAA may consider

further rulemaking.

Cost Impact

The FAA estimates that 250 airplanes

of U.S. registry would be affected by this

proposed AD and that the average labor

rate is $60 per work hour. Based on

these figures, the cost impact of the

proposed AD on U.S. operators is as

estimated in Table 1.

TABLE 1.—ESTIMATED COST IMPACT OF AD

Action Work

hours

Cost of parts

(in US $)

Cost/airplane

(in US $)

Replacement of 3 potentiometers ................................................................... 1.0 3,000 .................................................. 3,060

Application of adhesive ................................................................................... 1.0 Negligible ........................................... 60

Calibration of potentiometers .......................................................................... 1.0 Negligible ........................................... 60

Readout of FDR .............................................................................................. 33.0 Negligible ........................................... 1,980

Totals ....................................................................................................... 36.0 3,000 .................................................. 5,160

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this proposed 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 proposed herein

would 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 proposal

would not have federalism implications

under Executive Order 13132.

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:

Empresa Brasileira de Aeronautica S.A.

(EMBRAER): Docket 2000–NM–120–AD.

Applicability: All Model EMB–120 series

airplanes, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

21110 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Proposed Rules

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 (e) 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 the potentiometers that provide

information on the positions of the primary

flight controls to the flight data recorder

(FDR) from transmitting noisy signals or

becoming improperly calibrated, resulting in

the transmission of incomplete or inaccurate

data to the FDR, accomplish the following:

Replacement of Potentiometers

(a) Within 6 months after the effective date

of this AD: Replace potentiometers to the

ailerons, elevators, and rudder with

potentiometers that have a date of

manufacture within 12 months preceding the

date of installation, in accordance with

Section 31–30–05 of the EMBRAER EMB–120

Maintenance Manual, dated July 17, 1998.

Note 2: All potentiometers manufactured

by Penny & Giles after January 1999 are date

stamped.

Modification of Flexible Coupler

(b) After accomplishment of paragraph (a)

of this AD but prior to further flight: Apply

locktite adhesive over the threads of the

screws of the flexible couplers that attach the

shafts of the potentiometers to the shafts of

the primary flight controls, in accordance

with EMBRAER Service Bulletin 120–31–

0038, Change 02, dated June 25, 1998.

Calibration Tests and Readouts

(c) After accomplishment of paragraphs (a)

and (b) of this AD but prior to further flight:

Perform calibration tests of the

potentiometers to the ailerons, elevators, and

rudder and obtain a readout of the FDR, in

accordance with Section 31–30–00 of the

EMBRAER EMB–120 Maintenance Manual,

dated July 17, 1998. Repeat the calibration

tests and obtain readouts at intervals not to

exceed 6 months until 2 years after the

effective date of this AD.

Reporting Requirement

(d) At the applicable time specified in

paragraph (d)(1) or (d)(2) of this AD: Submit

a report of the calibration tests of the

potentiometers and the readouts of the FDR

to the Manager, Atlanta Aircraft Certification

Office (ACO), FAA, One Crown Center, 1895

Phoenix Boulevard, suite 450, Atlanta,

Georgia 30349; fax (770) 703–6097.

Information collection requirements

contained in this regulation have been

approved by the Office of Management and

Budget (OMB) under the provisions of the

Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.) and have been assigned OMB

Control Number 2120–0056.

(1) For calibration tests and readouts

accomplished after the effective date of this

AD: Submit the report within 30 days after

performing the tests required by paragraph

(c) of this AD.

(2) For calibration tests and readouts

accomplished prior to the effective date of

this AD: Submit the report within 10 days

after the effective date of this AD.

Alternative Methods of Compliance

(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, Atlanta

ACO. 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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

Special Flight Permits

(f) 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.

Note 4: The subject of this AD is addressed

in Brazilian airworthiness directive 97–08–

01, dated August 29, 1997.

Issued in Renton, Washington, on April 20,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–10467 Filed 4–26–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG–106702–00]

RIN 1545–AX94

Determination of Basis of Partner’s

Interest; Special Rules; Hearing

Cancellation

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Cancellation of notice of public

hearing on proposed rulemaking.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulations relating

to special rules on determination of

basis of partner’s interest under section

705 of the Internal Revenue Code.

DATES: The public hearing originally

scheduled for Thursday, May 3, 2001 at

10 a.m., is cancelled.

FOR FURTHER INFORMATION CONTACT:

Sonya M. Cruse of the Regulations Unit,

(202) 622–7180 (not a toll-free number).

SUPPLEMENTARY INFORMATION: A notice

of proposed rulemaking and/or notice or

public hearing that appeared in the

Federal Register on January 3, 2001, 66

FR 315, announced that a public hearing

was scheduled for May 3, 2001 at 10:00

a.m., in Room 6718, 1111 Constitution

Avenue, NW., Washington, DC. The

subject of the public hearing is proposed

regulations under section(s) 705 of the

Internal Revenue Code. The public

comment period of these proposed

regulations expired on April 12, 2001.

The notice of proposed rulemaking

and/or notice of public hearing,

instructed those interested in testifying

at the public hearing to submit a request

to speak and an outline of the topics to

be addressed. As of April 19, 2001, no

one has requested to speak. Therefore,

the public hearing scheduled for May 3,

2001, is cancelled.

LaNita Van Dyke,

Acting Chief, Regulations Unit, Office of

Special Counsel (Modernization & Strategic

Planning).

[FR Doc. 01–10546 Filed 4–26–01; 8:45 am]

BILLING CODE 4830–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[Docket # RI040–7167b; FRL–6970–9]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants: Rhode Island; Plan for

Controlling Emissions From Existing

Hospital/Medical/Infectious Waste

Incinerators

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) proposes to approve the

Sections 111(d)/129 State Plan

submitted by the Rhode Island

Department of Environmental

Management (DEM) on August 23, 2000.

This State Plan is for carrying out and

enforcing provisions that are at least as

protective as the Emissions Guidelines

(EG) applicable to certain existing

Hospital/Medical/Infectious Waste

Incinerator (HMIWI) units in accordance

with sections 111 and 129 of the Clean

Air Act.

The Rhode Island DEM submitted the

Plan to satisfy certain Federal Clean Air

Act requirements. In the Final Rules

Section of the Federal Register, EPA is