Federal Register / Vol. 66, No. 94 / Tuesday, May 15, 2001 / Rules and Regulations 26785

(d) If the collecting person is a brand

inspector, as provided for in § 1260.311,

the seller of cattle claiming nonproducer status shall provide to the

brand inspector at the time the physical

brand inspection is completed, in lieu of

the assessment that would otherwise be

due, either: a Statement of Certification

of Non-Producer Status or a valid brand

inspection certificate which shows

collection of the assessment by a brand

inspector in a transaction which took

place not more than 10 days prior to the

sale of the cattle.

* * * * *

Dated: May 9, 2001.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 01–12141 Filed 5–14–01; 8:45 am]

BILLING CODE 3410–02–P

FARM CREDIT ADMINISTRATION

12 CFR Parts 611 and 615

RIN 3052–AB91

Organization; Funding and Fiscal

Affairs, Loan Policies and Operations,

and Funding Operations; Stock

Issuances; Effective Date

AGENCY: Farm Credit Administration.

ACTION: Notice of effective date.

SUMMARY: The Farm Credit

Administration (FCA) published a final

rule under parts 611 and 615 on March

28, 2001 (66 FR 16841). In this final

rule, we amended our regulations to

allow Farm Credit System (System)

service corporations to sell stock to nonSystem entities, provide adequate

disclosures to investors in service

corporations, and allow System

institutions to issue unlimited amounts

of certain classes of equities. The

purpose of our amendments is to

provide System institutions additional

opportunities to fulfill their borrowers’

needs through service corporations and

more efficient issuance of equities

related to earnings distributions and

transfers of capital. In accordance with

12 U.S.C. 2252, the effective date of the

final rule is 30 days from the date of

publication in the Federal Register

during which either or both Houses of

Congress are in session. Based on the

records of the sessions of Congress, the

effective date of the regulations is May

14, 2001.

EFFECTIVE DATE: The regulation

amending 12 CFR parts 611 and 615

published on March 28, 2001 (66 FR

16841) is effective May 14, 2001.

FOR FURTHER INFORMATION CONTACT: Dale

Aultman, Policy Analyst, Office of

Policy and Analysis, Farm Credit

Administration, McLean, VA 22102–

5090, (703) 883–4498; or Howard Rubin,

Senior Attorney, Office of General

Counsel, Farm Credit Administration,

McLean, VA 22102–5090, (703) 883–

4020, TDD (703) 883–4444.

(12 U.S.C. 2252(a)(9) and (10))

Dated: May 9, 2001.

Jeanette C. Brinkley,

Acting Secretary, Farm Credit Administration

Board.

[FR Doc. 01–12152 Filed 5–14–01; 8:45 am]

BILLING CODE 6705–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–122–AD; Amendment

39–12227; AD 2001–10–02]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica, S.A.

(EMBRAER) Model EMB–135 and –145

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain EMBRAER Model

EMB–135 and –145 series airplanes.

This action requires applying torque to

certain tubing fittings of the fire

extinguishing systems of various areas

of the airplane, and applying torque

paint to the fittings. This action is

necessary to ensure that certain tubing

fittings of the fire extinguishing systems

are properly torqued. Improperly

torqued tubing fittings of the fire

extinguishing systems of the baggage

compartment, auxiliary power units

(APU), and engines, if not corrected,

could become loose and cause the fire

extinguisher to inadvertently discharge.

Inadvertent discharge of a fire

extinguisher could result in reduced fire

protection or the inability to extinguish

a fire in the baggage compartment, APU,

or engine. This action is intended to

address the identified unsafe condition.

DATES: Effective May 30, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 30,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

June 14, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

122–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 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-anmiarcomment@faa.gov. Comments sent

via the Internet must contain ‘‘Docket

No. 2001–NM–122–AD’’ in the subject

line and need not be submitted in

triplicate. Comments sent via fax or the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

this AD 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; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Linda Haynes, Aerospace Engineer,

Airframe and Propulsion Branch, ACE–

117A, FAA, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30349; telephone (770)

703–6091; fax (770) 703–6097.

SUPPLEMENTARY INFORMATION: The

Departmento de Aviacao Civil (DAC),

which is the airworthiness authority for

Brazil, recently notified the FAA that an

unsafe condition may exist on certain

EMBRAER Model EMB–135 and –145

series airplanes. The DAC advises that

it has received reports of looseness of

some tubing fittings of the fire

extinguishing systems of the engines

located in the pylon inner area. In one

event during maintenance, the fire

extinguisher discharged into the pylon

area. Investigation revealed the

possibility that those fittings had been

undertorqued during production of the

airplanes. This possibility also exists for

all other fittings at the fire extinguishing

systems.

Improperly torqued tubing fittings of

the fire extinguishing systems of the

26786 Federal Register / Vol. 66, No. 94 / Tuesday, May 15, 2001 / Rules and Regulations

baggage compartment, auxiliary power

units (APU), and engines, if not

corrected, could become loose and

cause the fire extinguisher to

inadvertently discharge. Inadvertent

discharge of a fire extinguisher could

result in reduced fire protection or the

inability to extinguish a fire in the

baggage compartment, APU, or engine.

Explanation of Relevant Service

Information

EMBRAER has issued Service Bulletin

145–26–0008, dated December 19, 2000,

which describes procedures for

applying torque to certain tubing fittings

of the fire extinguishing systems in the

following areas, as applicable:

1. Inner side of the left-and right-hand

pylons of the engines.

2. Tail cone compartment, rear

electronic compartment, and baggage

compartment.

3. Between the pylon walls and the

left- and right-hand engines.

4. APU in the tail cone compartment.

The service bulletin also describes

procedures for applying torque paint to

the fittings. Accomplishment of the

actions specified in the service bulletin

is intended to adequately address the

identified unsafe condition. The DAC

classified this service bulletin as

mandatory and issued Brazilian

airworthiness directive 2001–02–01,

dated February 21, 2001, in order to

assure the continued airworthiness of

these airplanes in Brazil.

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 Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD is being issued to ensure

that certain tubing fittings of the fire

extinguishing systems are properly

torqued. Improperly torqued tubing

fittings of the fire extinguishing systems

of the baggage compartment, APUs, and

engines, if not corrected, could become

loose and cause the fire extinguisher to

inadvertently discharge. Inadvertent

discharge of a fire extinguisher could

result in reduced fire protection or the

inability to extinguish a fire in the

baggage compartment, APU, or engine.

This AD requires accomplishment of the

actions specified in the service bulletin

described previously.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

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 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 rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2001–NM–122–AD.’’

The postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

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 final rule does not

have federalism implications under

Executive Order 13132.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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, 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 the following new airworthiness

directive:

2001–10–02 Empresa Brasileira de

Aeronautica, S.A. (EMBRAER):

Amendment 39–12227. Docket 2001–

NM–122–AD.

Federal Register / Vol. 66, No. 94 / Tuesday, May 15, 2001 / Rules and Regulations 26787

Applicability: Model EMB–135 and –145

series airplanes, as listed in EMBRAER

Service Bulletin 145–26–0008, dated

December 19, 2000; 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 (c) 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 ensure that certain tubing fittings of the

fire extinguishing systems are properly

torqued, accomplish the following:

Torque and Paint

(a) Within 100 flight hours after the

effective date of this AD, apply torque to the

tubing fittings of the fire extinguishing

system of the engines in the inner side of the

left- and right-hand pylons, and apply torque

paint to the fittings, per EMBRAER Service

Bulletin 145–26–0008, dated December 19,

2000.

(b) Within 400 flight hours after the

effective date of this AD, do the actions

specified in paragraphs (b)(1), (b)(2), (b)(3),

and (b)(4) of this AD, as applicable, per

EMBRAER Service Bulletin 145–26–0008,

dated December 19, 2000.

(1) For all airplanes: Apply torque to the

remaining tubing fittings (i.e., those fittings

not indicated in paragraph (a) of this AD) of

the engine fire extinguishing system in the

tail cone compartment, rear electronic

compartment, and baggage compartment, and

to the tubing fittings between the pylon walls

and the left- and right-hand engines.

(2) For all airplanes: Apply torque to the

tubing fittings of the fire extinguishing

system of the auxiliary power unit.

(3) For airplanes configured with a Class

‘‘C’’ baggage compartment: Apply torque to

all tubing fittings of the fire extinguishing

system of the baggage compartment.

(4) For all airplanes: Apply torque painting

to the tubing fittings.

Alternative Methods of Compliance

(c) 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

Aircraft Certification Office (ACO), FAA.

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 2: 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

(d) 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.

Incorporation by Reference

(e) The actions shall be done in accordance

with EMBRAER Service Bulletin 145–26–

0008, dated December 19, 2000. 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

Empresa Brasileira de Aeronautica S.A.

(EMBRAER), P.O. Box 343—CEP 12.225, Sao

Jose dos Campos—SP, Brazil. Copies may be

inspected 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; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in Brazilian airworthiness directive 2001–02–

01, dated February 21, 2001.

Effective Date

(f) This amendment becomes effective on

May 30, 2001.

Issued in Renton, Washington, on May 7,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–11900 Filed 5–14–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NE–49–AD; Amendment 39–

12228; AD 2000–03–03 R1]

RIN 2120–AA64

Airworthiness Directives; General

Electric Company CF34 Series

Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment revises an

existing airworthiness directive (AD),

applicable to General Electric Company

CF34 series turbofan engines, that

currently requires revisions to the

Engine Maintenance Program specified

in the manufacturer’s Instructions for

Continued Airworthiness (ICA) for

General Electric Company (GE) CF34

series turbofan engines. Those revisions

require enhanced inspection of selected

critical life-limited parts at each piecepart exposure. The existing AD also

requires that an air carrier’s approved

continuous airworthiness maintenance

program incorporate these inspection

procedures. This amendment removes

inspection requirements for parts

removed from engines mounted onwing. This amendment is prompted by

the high removal rate and subsequent

piece-part exposure of fan disks due to

certain maintenance procedures. This

additional exposure has resulted in fan

disk focused inspection rates that

exceed the intent of the focused

inspection initiative. The actions

specified by this AD are intended to

prevent critical life-limited rotating

engine part failure, which could result

in an uncontained engine failure and

damage to the airplane.

DATES: Effective June 19, 2001.

ADDRESSES: The information referenced

in this AD may be examined at the

Federal Aviation Administration (FAA),

New England Region, Office of the

Regional Counsel, 12 New England

Executive Park, Burlington, MA; or at

the Office of the Federal Register, 800

North Capitol Street, NW., 7th Floor,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Kevin Donovan, Aerospace Engineer

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone (781) 238–7743,

fax (238) 238–7199.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by revising AD 2000–03–03,

Amendment 39–11560 (65 FR 5759),

which is applicable to General Electric

Company CF34 series turbofan engines,

was published in the Federal Register

on August 18, 2000 (65 FR 50468). The

action removed inspection requirements

for parts removed from engines

mounted on-wing.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Change to Aircraft Model Designation

One comment asks that the

Applicability Section be changed to

reflect the Department of Transportation

(DOT) aircraft model designation rather

than the Bombardier aircraft model

designation.

The FAA agrees. The model

designation has been changed to reflect

the DOT designation.