29900 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations

Monaco, and San Marino rely on the

veterinary infrastructures of their

neighboring countries and cannot,

themselves, provide adequate

surveillance.

Therefore, in order to prevent the

introduction of BSE into the United

States, we are amending the regulations

by adding Andorra, Monaco, and San

Marino to the list in § 94.18(a)(2) of

regions that present an undue risk of

introducing BSE into the United States

because their import requirements are

less restrictive than those required for

import into the United States and/or

because of inadequate surveillance to

detect the presence of BSE. The effect of

this action is a restriction on the

importation of ruminants that have been

in Andorra, Monaco, or San Marino and

on the importation of meat, meat

products, and certain other products

and byproducts of ruminants that have

been in Andorra, Monaco, or San

Marino.

Emergency Action

This rulemaking is necessary on an

emergency basis to prevent the

introduction of BSE into the United

States. Under these circumstances, the

Administrator has determined that prior

notice and opportunity for public

comment are contrary to the public

interest and that there is good cause

under 5 U.S.C. 553 for making this rule

effective less than 30 days after

publication in the Federal Register.

We will consider comments that are

received within 60 days of publication

of this rule in the Federal Register.

After the comment period closes, we

will publish another document in the

Federal Register that will include a

discussion of any comments we receive

and any amendments we are making to

the rule as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

under Executive Order 12866.

We are amending the regulations by

adding the Republic of San Marino and

the independent principalities of

Andorra and Monaco to the list of

regions that present an undue risk of

introducing BSE into the United States

because their import requirements are

less restrictive than those required for

import into the United States and/or

because of inadequate surveillance to

detect the presence of BSE. Therefore,

the effect of this action is a restriction

on the importation of ruminants that

have been in Andorra, Monaco, or San

Marino and meat, meat products, and

certain other products of ruminants that

have been in Andorra, Monaco, or San

Marino. This action is necessary in

order to prevent the introduction of BSE

into the United States.

There is no history of importations of

live animals or of animal products into

the United States from Andorra,

Monaco, or San Marino. Therefore, no

economic effect on U.S. entities, small

or otherwise, is expected to occur as a

result of this interim rule.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This interim rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, we are amending 9 CFR

part 94 as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

continues to read as follows:

Authority: 7 U.S.C. 450, 7711, 7712,

7713,7714, 7751, and 7754; 19 U.S.C. 1306;

21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f,

136, and 136a; 31 U.S.C. 9701; 42 U.S.C.

4331 and 4332; 7 CFR 2.22, 2.80, and 371.4.

§ 94.18 [Amended]

2. Paragraph (a)(2) of § 94.18 is

amended by adding, in alphabetical

order, the words ‘‘Andorra,’’,

‘‘Monaco,’’, and ‘‘San Marino,’’.

Done in Washington, DC, this 29th day of

May 2001.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 01–13913 Filed 6–1–01; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–72–AD; Amendment

39–12247; AD 2001–10–04 R1]

RIN 2120–AA64

Airworthiness Directives; Air Tractor,

Inc. AT–400, AT–500, and AT–800

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment revises AD

2001–10–04, which concerns certain Air

Tractor, Inc. (Air Tractor) AT–400, AT–

500, and AT–800 series airplanes. AD

2001–10–04 superseded AD 2000–14–51

and lowers the safe life for the wing

lower spar cap on these airplanes. The

AD was the result of numerous reports

of cracks in the 3/8-inch bolthole of the

wing lower spar cap on the affected

airplanes. We inadvertently included

certain AT–800 series airplanes in the

Applicability of this AD. Those AT–800

series airplanes that are equipped with

the factory-supplied part number 80540

computerized fire gate should not be

affected by AD 2001–10–04. This action

revises the AD to reflect this change and

to provide information for applying for

an alternative method of compliance

with this AD. The actions specified by

this AD are intended to prevent fatigue

cracks from occurring in the wing lower

spar cap before the originally

established safe life is reached. Fatigue

cracks in the wing lower spar cap, if not

detected and corrected, could result in

the wing separating from the airplane

during flight.

DATES: This AD becomes effective on

June 8, 2001.

The Director of the Federal Register

previously approved the incorporation

by reference of certain publications

listed in the regulation as of June 8,

2001 (66 FR 27014, May 16, 2001).

The Federal Aviation Administration

(FAA) must receive any comments on

this rule on or before July 13, 2001.

ADDRESSES: Submit comments in

triplicate to FAA, Central Region, Office

Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations 29901

of the Regional Counsel, Attention:

Rules Docket No. 2000–CE–72–AD, 901

Locust, Room 506, Kansas City,

Missouri 64106.

You may get the service information

referenced in this AD from Air Tractor,

Incorporated, P.O. Box 485, Olney,

Texas 76374. You may look at this

information at FAA, Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 2000–CE–

72–AD, 901 Locust, Room 506, 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: Rob

Romero, Aerospace Engineer, FAA, Fort

Worth Airplane Certification Office,

2601 Meacham Boulevard, Fort Worth,

Texas 76193–0150; telephone: (817)

222–5102; facsimile: (817) 222–5960.

SUPPLEMENTARY INFORMATION:

Discussion

What events have caused this AD?

Several reports of cracked wing lower

spar caps on Air Tractor AT–400, AT–

500, and AT–800 series airplanes have

caused the manufacturer (Air Tractor) to

recalculate the fatigue life of the wing

lower spar cap on these airplanes. One

report was an accident where the wing

separated from the airplane during

flight. The cracks are originating in the

outboard 3⁄8-inch bolthole of the wing

lower spar cap.

What are the consequences if the

condition is not corrected? This

condition could result in fatigue cracks

in the wing lower spar cap before the

originally established safe life is

reached. Fatigue cracks in the wing

lower spar cap, if not detected and

corrected, could result in the wing

separating from the airplane during

flight.

Is there service information that

applies to this subject? Air Tractor has

issued the following:

—Snow Engineering Company Service

Letter #197, Revised March 26, 2001,

which applies to certain Models AT–

501, AT–502, and AT–502A airplanes;

—Snow Engineering Company Service

Letter #202, Revised March 26, 2001,

which applies to certain Models AT–

400, AT–401, AT–401B, AT–402, AT–

402A, and AT–402B airplanes;

—Snow Engineering Company Service

Letter #203, Revised March 26, 2001,

which applies to certain Models AT–

802 and AT–802A airplanes; and

—Snow Engineering Company Service

Letter #205, Revised March 26, 2001,

which applies to certain Models AT–

501, AT–502, AT–502B, and AT–

503A airplanes.

These service letters include

procedures for inspecting and replacing/

modifying the wing lower spar cap on

the affected airplanes.

Has FAA taken any action to this

point? To address this condition, FAA

issued AD 2001–10–04, Amendment

39–12230 (66 FR 27014, May 16, 2001).

This AD lowers the safe life for the wing

lower spar cap on Air Tractor AT–400,

AT–500, and AT–800 series airplanes.

This AD also allows for inspection,

using eddy current methods, of the wing

lower spar cap for airplanes that are at

or over the lower safe life and parts are

not available. Operation of the airplane

is not allowed if cracks are found and

inspections must be terminated when

parts become available or after

performing three repetitive inspections.

This AD supersedes AD 2000–14–51,

Amendment 39–11837 (65 FR 46567,

July 31, 2000), which currently requires

inspection of the wing lower spar cap

for cracks on Air Tractor Models AT–

501, AT–502, and AT–502A airplanes,

and modification or replacement of any

cracked wing lower spar cap.

What has happened since AD 2001–

10–04 to initiate this action? We

inadvertently included certain AT–800

series airplanes in the Applicability of

this AD. Those AT–800 series airplanes

that are equipped with the factorysupplied part number 80540

computerized fire gate should not be

affected by AD 2001–10–04.

In addition, we will consider

inspection of the wing lower spar cap as

an alternative method of compliance

provided certain criteria are followed.

The FAA’s Determination and an

Explanation of the Provisions of This

AD

What has FAA decided? After

examining the circumstances and

reviewing all available information

related to the incidents described above,

we have determined that:

—The unsafe condition referenced in

this document continues to exist and

could still develop on other Air

Tractor AT–400, AT–500, and AT–

800 series airplanes of the same type

design;

—Those AT–800 series airplanes

equipped with the factory-supplied

part number 80540 computerized fire

gate should not be affected by AD

2001–10–04;

—Information about the abovereferenced alternative method of

compliance should be incorporated

into the AD; and

—AD 2001–10–04 should be revised to

reflect this change and addition.

Will I have the opportunity to

comment prior to the issuance of the

rule? This action only clarifies the intent

of AD 2001–10–04 and makes a change

to not affect certain airplanes. It has no

adverse economic impact and imposes

no additional burden on any person

than would have been necessary to

accomplish AD 2001–10–04. Therefore,

FAA has determined that prior notice

and opportunity for public comment are

unnecessary.

Comments Invited

How do I comment on this AD?

Although this action is in the form of a

final rule and was not preceded by

notice and opportunity for public

comment, we invite your comments on

the rule. You may submit whatever

written data, views, or arguments you

choose. You need to include the rule’s

docket number and submit your

comments in triplicate to the address

specified under the caption ADDRESSES.

We will consider all comments received

on or before the closing date specified

above. We may amend this rule in light

of comments received. Factual

information that supports your ideas

and suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether we

need to take additional rulemaking

action.

Are there any specific portions of the

AD I should pay attention to? The FAA

specifically invites comments on the

overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. You may examine all

comments we receive before and after

the closing date of the rule in the Rules

Docket. We will file a report in the

Rules Docket that summarizes each FAA

contact with the public that concerns

the substantive parts of this AD.

We are reviewing the writing style we

currently use in regulatory documents,

in response to the Presidential

memorandum of June 1, 1998. That

memorandum requires federal agencies

to communicate more clearly with the

public. We are interested in your

comments on whether the style of this

document is clear, and any other

suggestions you might have to improve

the clarity of FAA communications that

affect you. You can get more

information about the Presidential

memorandum and the plain language

initiative at http://

www.plainlanguage.gov.

How can I be sure FAA receives my

comment? If you want us to

acknowledge the receipt of your

comments, you must include a selfaddressed, stamped postcard. On the

postcard, write ‘‘Comments to Docket

No. 2000–CE–72–AD.’’ We will date

29902 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations

stamp and mail the postcard back to

you.

Regulatory Impact

Does this AD impact various entities?

These regulations 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, FAA

has determined that this final rule does

not have federalism implications under

Executive Order 13132.

Does this AD involve a significant rule

or regulatory action? The FAA has

determined that this regulation is an

emergency regulation that must be

issued immediately to correct an unsafe

condition in aircraft, and 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

(otherwise, an evaluation is not

required). A copy of it, if filed, may be

obtained from the Rules Docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by Reference,

Safety.

Adoption of the Amendment

Accordingly, under 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. FAA amends § 39.13 by removing

AD 2001–10–04, Amendment 39–12230

(66 FR 27014, May 16, 2001), and by

adding a new airworthiness directive

(AD) to read as follows:

2001–10–04 R1 Air Tractor, Inc.:

Amendment 39–12247; Docket No.

2000–CE–72–AD; Revises AD 2001–10–

04, Amendment 39–12230, which

superseded AD 2000–14–51,

Amendment 39–11837.

(a) What airplanes are affected by this AD?

The following presents the airplanes

(certificated in any category) that are affected

by this AD, along with the new safe life

(presented in hours time-in-service (TIS)) of

the wing lower spar cap for all airplane

models and serial numbers:

Model Serial Nos. Safe life

AT–400 ................................... All serial numbers beginning with 0416 .............................................................................. 13,300 hours TIS.

AT–401 ................................... 0662 through 0951 .............................................................................................................. 10,757 hours TIS.

AT–401B ................................ 0952 through 1014 and 1016 though 1020 ........................................................................ 6,948 hours TIS.

AT–401B ................................ 1015 and 1021 through 1124 ............................................................................................. 7,777 hours TIS.

AT–402 ................................... 0694 through 0951 .............................................................................................................. 7,440 hours TIS.

AT–402A ................................ 0738 through 0951 .............................................................................................................. 7,440 hours TIS.

AT–402A ................................ 0952 through 1020 .............................................................................................................. 4,589 hours TIS.

AT–402B ................................ 0966 through 1020 .............................................................................................................. 4,589 hours TIS.

AT–402A ................................ 1021 through 1124 .............................................................................................................. 5,268 hours TIS.

AT–402B ................................ 1021 through 1124 .............................................................................................................. 5,268 hours TIS.

AT–501 ................................... 0002 through 0061 .............................................................................................................. 4,531 hours TIS.

AT–501 ................................... All serial numbers beginning with 0062 .............................................................................. 7,693 hours TIS.

AT–502 ................................... 0003 through 0236 .............................................................................................................. 4,000 hours TIS.

AT–502A ................................ 0158 through 0618 .............................................................................................................. 3,000 hours TIS.

AT–502B ................................ 0187 through 0618 .............................................................................................................. 4,000 hours TIS.

AT–503A ................................ All serial numbers beginning with 0067 .............................................................................. 4,000 hours TIS.

AT–802 ................................... 0001 through 0059 except those equipped with the factory-supplied part number 80540

computerized fire gate.

4,132 hours TIS.

AT–802A ................................ 0003 through 00590059 except those equipped with the factory-supplied part number

80540 computerized fire gate.

4,969 hours TIS.

AT–802 ................................... 0060 through 0091 0059 except those equipped with the factory-supplied part number

80540 computerized fire gate.

4,188 hours TIS.

AT–802 ................................... 0092 through 0101 except those equipped with the factory-supplied part number 80540

computerized fire gate.

8,163 hours TIS.

AT–802A ................................ 0060 through 0091 except those equipped with the factory-supplied part number 80540

computerized fire gate.

4,531 hours TIS.

AT–802A ................................ 0092 through 0101 except those equipped with the factory-supplied part number 80540

computerized fire gate.

8,648 hours TIS.

Note 1: Piston powered aircraft that have

been converted to turbine power should use

the limits for corresponding serial number

turbine-powered aircraft.

(b) Who must comply with this AD?

Anyone who wishes to operate any of the

above airplanes must comply with this AD.

(c) What problem does this AD address?

The actions specified by this AD are intended

to prevent fatigue cracks from occurring in

the wing lower spar cap before the originally

established safe life is reached. Fatigue

cracks in the wing lower spar cap, if not

detected and corrected, could result in the

wing separating from the airplane during

flight.

(d) What must I do to address this

problem? To address this problem, you must

accomplish the following actions:

Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations 29903

Action Compliance time Procedures

(1) Modify the applicable aircraft records as follows to show the

reduced safe life for the wing lower spar cap (that is specified in the table in paragraph (a) of this AD):

Accomplish the logbook entry

within the next 10 hours TIS

after June 8, 2001 (the effective date of this AD). An

additional 10 hours TIS to

accomplish the modification/

replacement is allowed if

you are already over the

safe life limit.

The owner/operator holding at least a private

pilot certificate as authorized by section

43.7 of the Federal Aviation Regulations

(14 CFR 43.7) may modify the aircraft

records as specified in paragraphs (d)(1)(i)

and (d)(1)(ii) of this AD. Make an entry into

the aircraft records showing compliance

with this portion of the AD in accordance

with section 43.9 of Federal Aviation Regulations (14 CFR 43.9). Accomplish the actual replacements/modifications in accordance with Snow Engineering Service Letter

#197, #202, #203, or #205, all Revised

March 26, 2001, as applicable.

(i) For the affected Models AT–802 and AT–802A airplanes: update the Owners Manual, Section 6—Airworthiness Limitations, Life Limited Parts.

(ii) For all affected airplanes other than the Models AT–802

and AT–802A airplanes: incorporate the following into

the Aircraft Logbook ‘‘In accordance with AD 2001–10–

04 R1, the wing lower spar cap is life limited to———(insert the applicable safe life number from the chart in

paragraph (a) of this AD).

(iii) If, as of the time of the logbook entry requirement of

paragraph (d)(1) of this AD, your airplane is over or within 10 hours of the safe life limit, an additional 10 hours

TIS is allowed to accomplish the replacement/modification.

(2) If you have ordered parts from the factory when it is time to

replace the wing lower spar cap (as required per the logbook

safe life reduction in paragraph (d)(1) of this AD), but the

parts are not available, inspect, using eddy current methods,

the wing lower spar cap. These inspections are allowed until

one of the following occurs, at which time the replacement/

modification (required when the lower spar cap has reached

its safe life) must be accomplished:

Prior to further flight after ordering the parts and thereafter at intervals not to exceed 400 hours TIS until

one of the criteria in paragraphs (d)(2)(i), (d)(2)(ii),

and (d)(2)(iii) of this AD is

met.

In accordance with the procedures in Snow

Engineering Service Letter #197, #202,

#203, or #205, all Revised March 26, 2001,

as applicable.

(i) Crack(s) is/are found;

(ii) Parts become available from the manufacturer; or

(iii) Not more than three inspections or 1,200 hours TIS go

by: the first inspection would have to be accomplished

upon accumulating the safe life; the second inspection

would have to be accomplished within 400 hours TIS

after accumulating the safe life; the third inspection

would have to be accomplished 400 hours TIS after the

second inspection; and the replacement/modification

would have to be accomplished within 400 hours TIS

after the third inspection (maximum elapsed time would

be 1,200 hours TIS).

(e) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Fort Worth Airplane

Certification Office (ACO), approves your

alternative. Submit your request through an

FAA Principal Maintenance Inspector. The

inspector may add comments before sending

it to the Manager, Fort Worth ACO.

(3) Alternative methods of compliance

approved for AD 2001–10–04 or AD 2000–

14–51 are not considered approved for this

AD.

Note 2: This AD applies to each airplane

identified in paragraph (a) of this AD,

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 you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(f) Are there any alternative methods of

compliance already approved or being

considered for this AD? The FAA may

approve, as an as an alternative method of

compliance, inspection of the wing lower

spar cap. You must submit the request in

accordance with the procedures in paragraph

(e) of this AD and adhere to the following:

(1) If you are over or within 10 hours TIS

of the safe life for the wing lower spar cap

and you have ordered parts and scheduled a

date for the replacement/modification, but

having the replacement/modification done

on this date grounds the airplane, accomplish

the following:

(i) inspect the wing lower spar cap within

10 hours TIS after approval of the alternative

method of compliance;

(ii) reinspect thereafter at intervals not to

exceed 400 hours TIS until either cracks are

found, the date of the scheduled

replacement/modification occurs, or 1,200

hours TIS after the initial inspection are

accumulated, whichever occurs first;

(iii) accomplish the inspections in

accordance with the procedures in Snow

Engineering Service Letter #197, #202, #203,

or #205, all Revised March 26, 2001, as

applicable.

(2) Submit the following to the Fort Worth

Airplane Certification Office using the

procedures described in paragraph (e) of this

AD:

(i) The airplane model and serial number

designation;

(ii) The number of hours TIS on the

airplane;

29904 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations

(iii) The scheduled date for the

replacement/modification; and

(iv) The name and location of the

authorized repair shop.

(3) For more information about this issue:

contact Rob Romero, Aerospace Engineer,

FAA, Fort Worth ACO, 2601 Meacham

Boulevard, Fort Worth, Texas 76193–0150;

telephone: (817) 222–5102; facsimile: (817)

222–5960; e:mail: Robert.A.Romero@faa.gov.

(g) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD provided that the following is

adhered to:

(1) Only operate in day visual flight rules

(VFR) only.

(2) Ensure that the hopper is empty.

(3) Limit airspeed to 135 miles per hour

(mph) indicated airspeed (IAS).

(4) Avoid any unnecessary g-forces.

(5) Avoid areas of turbulence.

(6) Plan the flight to follow the most direct

route.

(h) Are any service bulletins incorporated

into this AD by reference? Replacement

actions required by this AD must be done in

accordance with Snow Engineering Service

Letter #197, #202, #203, or #205, all Revised

March 26, 2001, as applicable. The Director

of the Federal Register previously approved

this incorporation by reference under 5

U.S.C. 552(a) and 1 CFR part 51, as of June

8, 2001 (66 FR 27014, May 16, 2001). You

may get copies of this document from Air

Tractor, Incorporated, P.O. Box 485, Olney,

Texas 76374. You can look at copies at FAA,

Central Region, Office of the Regional

Counsel, 901 Locust, Room 506, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(i) When does this amendment become

effective? This amendment becomes effective

on June 8, 2001.

Issued in Kansas City, Missouri, on May

25, 2001.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–13737 Filed 6–1–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 51

[Public Notice 3672]

Passport Procedures—Amendment to

Requirements for Executing a

Passport Application on Behalf of a

Minor

AGENCY: Bureau of Consular Affairs,

State Department.

ACTION: Final rule.

SUMMARY: This rule finalizes the

proposed rule published on October 10,

2000. The rule brings passport

regulations into conformity with current

practice and implements the

requirements of Section 236 of the

Admiral James W. Nance and Meg

Donovan Foreign Relations

Authorization Act. That Section

requires that both parents execute a

passport application on behalf of a

minor under age 14; or, if only one

parent executes the application, such

parent must establish his or her

custodial status or the other parent’s

consent. It also provides for exceptions

to this requirement in exigent

circumstances, such as those involving

the health or welfare of the child, or

when the Secretary of State determines

that issuance of a passport is warranted

by special family circumstances.

EFFECTIVE DATE: July 2, 2001.

FOR FURTHER INFORMATION CONTACT: John

Hotchner, Director, Office of Passport

Policy, Planning and Advisory Services,

2401 E. Street, NW., Room 917,

Washington, DC 20522–0907.

SUPPLEMENTARY INFORMATION: The

Department published a proposed rule,

Public Notice 3428 at 65 FR 60132, Oct.

10, 2000, with a request for comments,

amending numerous sections of Part 51

of Title 22 of the Code of Federal

Regulations. The rule was proposed

primarily to implement provisions of

Section 236 of the Admiral James W.

Nance and Meg Donovan Foreign

Relations Authorization Act, Public Law

106–113, 113 Stat. 1501A–420 (22

U.S.C. 213n), although it also makes

procedural changes to harmonize other

parts of the regulations with the twoparent consent requirement. The rule

was discussed in detail in Public Notice

3428, as were the Department’s reasons

for the other changes to the regulations.

The Department is now promulgating a

final rule with minor changes from the

proposed rule (for example, the fact that

the rule applies to both renewal and

first time passport applications is

clarified) and no substantive change.

Analysis of Comments

The proposed rule was published for

comments on October 10, 2000 at 65 FR

60132. The comment period closed

November 6, 2000, but the Department

continued to accept comments

(including by electronic mail) until

November 28, 2000, to accommodate

delays in publication and mail delivery.

The Department received forty-nine

(49) comments regarding the proposed

change in the procedures for applying

for passports on behalf of minors under

age 14. Most were received via e-mail

from individuals living abroad. In

addition to expressing an opinion, most

of the comments also contained specific

questions about implementation. The

majority—26—were opposed to the

concept of requiring both parents to

apply for a passport on behalf of a minor

under age 14, but offered few specific

comments on the draft regulation. Four

commentators were in favor of the

requirement; one saw both sides of the

issue; and 7 just asked questions but

made no comment.

The majority of the comments

expressed concern about the

inconvenience to families who are not

involved in a child custody dispute and

for whom it might be difficult to have

both parents apply for a passport on

behalf of a minor under age 14. For

example, in some cases in which a

family lives far from a U.S. embassy,

passport agency, or acceptance facility,

it may cause hardship to the entire

family to require both parents to travel

to execute the application.

The regulation expressly provides for

this circumstance by allowing the

applying parent to present a simple

written statement from the non-applying

parent giving consent to the issuance of

the passport. The written statement will

be presented by the applying parent

under penalty of perjury and will

become a part of the minor’s permanent

passport file.

Generally, the written statement

consenting to the issuance of the

passport will be accepted without

further questions, but additional

evidence may be required if the

adjudicating officer has reason to

suspect that the statement is not true. If

the non-applying parent neither signs

the application nor provides a written

statement consenting to the issuance of

a passport (for whatever reason), the

applying parent may submit his or her

own written statement, made under

penalty of perjury, explaining why the

other parent did not or could not

participate in the child’s passport

application. The adjudicating officer

will then consider whether this

explanation falls within the parameters

of the special family circumstances

exception. If the determination is made

that it does not fall under that

exception, the passport will be denied.

We anticipate that there will be very few

instances where passports will be

denied under these circumstances.

Another concern was raised by single

parents who are no longer in contact

with the minor’s other parent.

The regulation provides that parents

need only present documentary

evidence of sole custody, i.e., a birth

certificate or adoption decree listing