Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Proposed Rules 23199

4Pub. L. No. 96–354, 5 U.S.C. 601.

Comments; Accompanying Direct Final

Rule

If no significant adverse comments are

timely received, no further activity is

contemplated relative to this proposed

rule. Rather, the related direct final rule

published elsewhere in this issue of the

Federal Register will automatically go

into effect on the date specified in that

rule. If significant adverse comments are

timely received, the direct final rule will

be withdrawn and all public comments

received will be addressed in a

subsequent final rule. Because OTS will

not institute a second comment period

for this proposed rule, any parties

interested in commenting should do so

during this comment period.

Regulatory Flexibility Act

Pursuant to section 605(b) of the

Regulatory Flexibility Act,4 the Director

certifies that this proposed rule will not

have a significant economic impact on

a substantial number of small entities.

The rule would merely codifies an

existing OTS interpretation.

Executive Order 12866

OTS has determined that this

proposed rule is not a ‘‘significant

regulatory action’’ for purposes of

Executive Order 12866.

Unfunded Mandates Reform Act of

1995

OTS has determined that the

requirements of this proposed rule will

not result in expenditures by State,

local, and tribal governments or by the

private sector of $100 million or more

in any one year. Accordingly, a

budgetary impact statement is not

required under section 202 of the

Unfunded Mandates Reform Act of

1995.

Federalism

Executive Order 13132 imposes

certain requirements on an agency when

formulating and implementing polices

that have federalism implications or

taking actions that preempt state law.

OTS has determined that this proposed

rule 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, and will

not preempt State law.

List of Subjects in 12 CFR Part 552

Reporting and recordkeeping

requirements, Savings associations,

Securities.

Accordingly, the Office of Thrift

Supervision hereby proposes to amend

title 12, chapter V of the Code of Federal

Regulations as set forth below.

PART 552—INCORPORATION,

ORGANIZATION, AND CONVERSION

OF FEDERAL STOCK ASSOCIATIONS

1. The authority citation for Part 552

continues to read as follows:

Authority: 12 U.S.C. 1462, 1462a, 1463,

1464, 1467a.

2. Section 552.2–6 is amended by

designating the text of the section as

paragraph (a) and adding paragraph (b)

to read as follows:

§ 552.2–6 Conversion from stock form

depository institution to Federal stock

association.

(a) * * *

(b) Any and all of the assets and other

property (whether real, personal, mixed,

tangible or intangible, including choses

in action, rights, and credits) of the

former stock form depository institution

become assets and property of the

Federal stock association when the

conversion occurs. Similarly, any and

all of the obligations and debts of or

claims against the former stock form

depository institution become

obligations and debts of and claims

against the Federal stock association

when the conversion occurs. In effect,

the Federal stock association is the same

as the former stock form depository

institution with respect to any and all

assets, property, claims and debts of or

claims against the former stock form

depository institution.

Dated: May 2, 2001.

By the Office of Thrift Supervision.

Ellen Seidman,

Director.

[FR Doc. 01–11544 Filed 5–7–01; 8:45 am]

BILLING CODE 6720–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE165; Notice No. 23–01–02–

SC]

Special Conditions: Ayres

Corporation; Model LM 200,

‘‘Loadmaster’’; Flight

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed special

conditions.

SUMMARY: This action proposes special

conditions for the Ayres Corporation,

Model LM 200 airplane. This airplane

will have novel or unusual design

features associated with centerline

thrust. The applicable airworthiness

regulations do not contain adequate or

appropriate safety standards for this

design feature. These proposed special

conditions contain the additional safety

standards that the Administrator

considers necessary to establish a level

of safety equivalent to that established

by the existing airworthiness standards.

DATES: Comments must be received on

or before June 7, 2001.

ADDRESSES: Comments on this proposal

may be mailed in duplicate to: Federal

Aviation Administration, Regional

Counsel, ACE–7, Attention: Rules

Docket, Docket No. CE165, 901 Locust,

Room 506, Kansas City, Missouri 64106,

or delivered in duplicate to the Regional

Counsel at the above address.

Comments must be marked: CE165.

Comments may be inspected in the

Rules Docket weekdays, except Federal

holidays, between 7:30 a.m. and 4:00

p.m.

FOR FURTHER INFORMATION CONTACT:

Lowell Foster, Federal Aviation

Administration, Aircraft Certification

Service, Small Airplane Directorate,

ACE–111, 901 Locust, Room 301,

Kansas City, Missouri, 816–329–4125,

fax 816–329–4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of these

proposed special conditions by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the

regulatory docket or notice number and

be submitted in duplicate to the address

specified above. All communications

received on or before the closing date

for comments will be considered by the

Administrator. The proposals described

in this action may be changed in light

of the comments received. All

comments received will be available in

the Rules Docket for examination by

interested persons, both before and after

the closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerning

this rulemaking will be filed in the

docket. Persons wishing the FAA to

acknowledge receipt of their comments

submitted in response to this action

must include with those comments a

self-addressed, stamped postcard on

which the following statement is made:

‘‘Comments to CE165.’’ The postcard

will be date stamped and returned to the

commenter.

23200 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Proposed Rules

Background

On February 9, 2001, Ayres

Corporation applied for a type

certificate for their new Model LM 200

‘‘Loadmaster.’’ The Model LM 200

operates with a multiengine/single

propeller propulsion system and fixed

landing gear. The system consists of two

turbine engines driving a single

propeller through a combining gearbox.

The aircraft is conventional, semimonocoque, aluminum construction

with a high cantilever wing, fixed gear,

mechanical and electro-mechanical

controls, and it will be unpressurized.

Certification will include single pilot

and IFR operations.

It is not possible for this airplane to

have literal compliance with some

commuter category flight test

regulations. The Model LM 200 must

comply with all commuter category

multiengine requirements; however,

since this propulsion system will result

in centerline thrust, this airplane will

not have a VMC or VMCG. The propeller

is independent of both or either engine

such that, with the failure of an engine,

the propeller will continue to operate

normally but with less torque input. The

propeller control system does have

failure modes independent of both

engines that need to be considered

when determining airplane

performance. 14 CFR part 23 does not

contain adequate or appropriate

requirements to address a multiengine/

single propeller design that results in

centerline thrust.

Type Certification Basis

Under the provisions of 14 CFR 21.17,

Ayres Corporation must show that the

Model LM 200 ‘‘Loadmaster’’ meets the

applicable provisions of part 23, as

amended by Amendments 23–1 through

23–53, thereto.

If the Administrator finds that the

applicable airworthiness regulations

(i.e., part 23) do not contain adequate or

appropriate safety standards for the

Ayres Corporation Model LM 200

‘‘Loadmaster’’ because of a novel or

unusual design feature, special

conditions are prescribed under the

provisions of § 21.16.

In addition to the applicable

airworthiness regulations and special

conditions, the Model LM 200 must

comply with the part 23 fuel vent and

exhaust emission requirements of 14

CFR part 34 and the part 23 noise

certification requirements of 14 CFR

part 36, and the FAA must issue a

finding of regulatory adequacy pursuant

to § 611 of Public Law 92–574, the

‘‘Noise Control Act of 1972.’’

Special conditions, as appropriate, are

issued in accordance with § 11.49 after

public notice, as required by §§ 11.28

and 11.29(b), and become part of the

type certification basis in accordance

with § 21.17(a)(2).

Special conditions are initially

applicable to the model for which they

are issued. Should the type certificate

for that model be amended later to

include any other model that

incorporates the same novel or unusual

design feature, the special conditions

would also apply to the other model

under the provisions of § 21.101(a)(1).

Novel or Unusual Design Features

The Model LM 200 will incorporate

the following novel or unusual design

features: The Model LM 200 will

operate with a multiengine/single

propeller propulsion system.

Applicability

As discussed above, these special

conditions are applicable to the Model

LM 200. Should Ayres Corporation

apply at a later date for a change to the

type certificate to include another

model incorporating the same novel or

unusual design feature, the special

conditions would apply to that model as

well under the provisions of

§ 21.101(a)(1).

Conclusion

This action affects only certain novel

or unusual design features on one model

of airplane. It is not a rule of general

applicability, and it affects only the

applicant who applied to the FAA for

approval of these features on the

airplane.

List of Subjects in 14 CFR Part 23

Aircraft, Aviation safety.

The authority citation for these

special conditions is as follows: 49

U.S.C. 106(g); 40113, 44701, 44702, and

44704; 14 CFR 21.16 and 21.17; and 14

CFR 11.28 and 11.29(b).

The Proposed Special Conditions

Accordingly, the Federal Aviation

Administration (FAA) proposes the

following special conditions as part of

the type certification basis for Ayres

Corporation Model LM 200 airplanes.

Flight Test Special Conditions

1. In addition to the requirements in

§ 23.51(c)(1)(i), VEF is also a propeller

control system failure speed where the

propeller primary control system fails to

the configuration most critical to

producing thrust, considering all single

point failures. The applicant must

establish VEF to be related to the stall

speed, and it must not be less than 1.05

VS1 or greater than 1.2 VS1.

2. In addition to the requirements in

§ 23.51(c)(3), to determine a single value

for VR, the applicant must determine

and use the most critical of either the

one engine inoperative (OEI)

configuration or the most critical failed

propeller primary control system

configuration, whichever is worse. The

failed propeller control system

configuration must consider all single

point failures with both engines

operating normally.

3. In addition to the requirement in

§ 23.51(c)(5), the applicant must

determine and use the most critical of

either the OEI configuration or the most

critical failed propeller primary control

system configuration, whichever is

worse. The failed propeller control

system must consider all single point

failures, with both engines operating

normally.

4. In § 23.63, where the OEI

configuration is required, the applicant

must also assume the condition where

both engines are operating normally and

the propeller primary control system

has failed. In the failed propeller

primary control system configuration,

the applicant must consider all single

point failures that result in a propeller

configuration most critical to producing

thrust.

5. In addition to the requirements in

§ 23.75(g), the applicant must also

determine the increase in landing

distance due to failure of the propeller

primary control system. This

configuration includes both engines

operating normally and the propeller

primary control system failed to the

most critical thrust producing condition

considering all single point failures.

Issued in Kansas City, Missouri, on April

25, 2001.

Michael K. Dahl,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–11470 Filed 5–7–01; 8:45 am]

BILLING CODE 4910–13–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 62

RIN 3067–AD17

National Flood Insurance Program

(NFIP); Pilot Project—Public Entity

Insurers

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: We (the Federal Insurance

Administration of FEMA) are proposing

to launch a three-year pilot project that

would permit intergovernmental riskVerDate 11<MAY>2000 16:15 May 07, 2001 Jkt 194001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\08MYP1.SGM pfrm04 PsN: 08MYP1