Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Proposed Rules 63667

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Airbus Industries: Docket 95–NM–78–AD.

Applicability: Model A300–600 series

airplanes on which Airbus Modification No.

6146 has not been installed, 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 use the authority

provided in paragraph (f) of this AD to

request approval from the FAA. This

approval may address either no action, if the

current configuration eliminates the unsafe

condition; or different actions necessary to

address the unsafe condition described in

this AD. Such a request should include an

assessment of the effect of the changed

configuration on the unsafe condition

addressed by this AD. In no case does the

presence of any modification, alternation, or

repair remove any airplane from the

applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent reduced structural integrity of

the horizontal stabilizer cutout longeron due

to fatigue cracking, accomplish the following:

(a) Prior to the accumulation of 18,000 total

landings, or within 2,000 landings after the

effective date of this AD, whichever occurs

later: Perform a visual and an eddy current

inspection to detect cracks and/or corrosion

of Areas 1 and 2 of the lower horizontal

stabilizer cutout longeron, as defined in

Airbus Service Bulletin A300–53–6042,

Revision 1, and dated February 20, 1995.

Perform the inspections in accordance with

the service bulletin.

(b) Perform a visual and an eddy current

inspection to detect cracks and/or corrosion

of Area 3 of the lower horizontal-stabilizer

cutout longeron, as defined in Airbus Service

Bulletin A300–53–6042, Revision 1, dated

February 20, 1995. Perform these inspections

in accordance with the service bulletin, at the

later of the times specified in paragraph (b)(1)

and (b)(2) of this AD.

(1) Prior to the accumulation of 24,000

total landings, but not before the

accumulation of 18,000 total landings; or

(2) Prior to the accumulation of 2,000

landings after the effective date of this AD.

(c) If no cracking is detected during any

inspection required by this AD: Prior to

further flight, cold work and ream the

vacated fastener holes, in accordance with

Airbus Service Bulletin A300–53–6042,

Revision 1, dated February 20, 1995; and

perform the requirements of paragraph (c)(1)

or (c)(2) of this AD, as applicable.

(1) For airplanes on which no cracking is

found in Area 1 or 2: Repeat the inspections

required by paragraph (a) of this AD

thereafter at intervals not to exceed 6,000

flight cycles.

(2) For airplanes on which no cracking is

found in Area 3: Perform the various followon actions in accordance with the service

bulletin. (The follow-on actions include

installing a new corner fitting, installing a

new longeron and performing a cold working

procedure.) After accomplishment of these

follow-on actions, no further action is

required by this AD.

(d) If any cracking is detected during any

inspection required by this AD, perform the

requirements of paragraph (d)(1) or (d)(2) of

this AD, as applicable.

(1) If any cracking is found in Area 1 or 3

that is within the limits specified in Airbus

Service bulletin A300–53–6042, Revision 1,

dated February 20, 1995: Prior to further

flight, repair in accordance with the service

bulletin.

(2) If any cracking is found in Area 2, or

if any cracking is found in any area and that

cracking is beyond the limits described in

Airbus Service Bulletin A300–53–6042,

Revision 1, dated February 20, 1995: Prior to

further fight, repair in accordance with a

method approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate.

(e) If any corrosion is detected during any

inspection required by this AD, prior to

further flight, repair the corrosion in

accordance with Airbus Service Bulletin

A300–53–6042, Revision 1, dated February

20, 1995.

(f) 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,

Standardization Branch, ANM–113.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(g) 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.

Issued in Renton, Washington, on

December 6, 1995.

Darrell M. Pederson,

Acting Manger, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–30212 Filed 12–11–95; 8:45 am]

BILLING CODE 4910–13–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 64 and 68

[CC Docket No. 87–124; FCC 95–474]

Access to Telecommunications

Equipment and Services by Persons

With Disabilities (Hearing Aid

Compatibility)

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: On November 28, 1995, the

Commission adopted a Notice of

Proposed Rulemaking (NPRM) regarding

hearing aid compatibility of wireline

telephones. Rules proposed in the

NPRM would require that all wireline

telephones in the workplace, confined

settings (e.g., hospitals, nursing homes)

and hotels and motels eventually would

be hearing aid compatible and have

volume control. This NPRM contains

proposed or modified information

collections subject to the Paperwork

Reduction Act of 1995 (PRA). It has

been submitted to the Office of

Management and Budget (OMB) for

review under Section 3507(d) of the

PRA. OMB, the general public, and

other Federal agencies are invited to

comment on the proposed or modified

information collections contained in

this proceeding.

DATES: Written comments by the public

on the NPRM and on the proposed and/

or modified information collections are

due on or before January 12, 1996, and

reply comments are due on or before

February 16, 1996. Written comments

must be submitted by the Office of

Management and Budget (OMB) on the

proposed and/or modified information

collections on or before February 12,

1996.

ADDRESSES: Office of the Secretary,

Room 222, Federal Communications

Commission, 1919 M Street, NW,

Washington, DC 20554. In addition to

filing comments with the Secretary, a

copy of any comments on the

information collections contained

herein should be submitted to Dorothy

Conway, Federal Communications

Commission, Room 234, 1919 M Street,

N.W., Washington, DC 20554, or via the

Internet to dconway@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725—17th Street, N.W.,

Washington, DC 20503 or via the

Internet to fain—t@al.eop.gov.

FOR FURTHER INFORMATION CONTACT: Greg

Lipscomb, Attorney, 202/418–2340, Fax

202/418–2345, TTY 202/418–0484,

glipscom@fcc.gov, Network Services
63668 Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Proposed Rules

Division, Common Carrier Bureau. For

additional information concerning the

information collections contained in

this NPRM contact Dorothy Conway at

202–418–0217, or via the Internet at

dconway@fcc.gov.

SUPPLEMENTARY INFORMATION: This

summarizes the Commission’s Notice of

Proposed Rulemaking in the matter of

Access to Telecommunications

Equipment and Services by Persons

With Disabilities, (CC Docket 87–124,

adopted November 28, 1995, and

released November 28, 1995). The file is

available for inspection and copying

during the weekday hour of 9 a.m. to

4:30 p.m. in the Commission’s

Reference Center, Room 239, 1919 M

Street, N.W., or copies may be

purchased from the Commission’s

duplicating contractor, ITS, Inc., 2100 M

Street, N.W., Suite 140, Washington

D.C. 20037, phone 202/857–3800.

Paperwork Reduction Act of 1995

This NPRM contains either a

proposed or modified information

collection. The Commission, as part of

its continuing effort to reduce

paperwork burdens, invites the general

public and the Office of Management

and Budget (OMB) to comment on the

information collections contained in

this NPRM, as required by the

Paperwork Reduction Act of 1995, Pub.

L. No. 104–13. Public and agency

comments are due at the same time as

other comments on this NPRM; OMB

comments are due 60 days from date of

publication of this NPRM in the Federal

Register. Comments should address: (a)

whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) the accuracy of the Commission’s

burden estimates; (c) ways to enhance

the quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

collection techniques or other forms of

information technology.

OMB Approval Number: NA.

Title: Access to Telecommunications

Equipment and Services by Persons

With Disabilities, CC Docket No. 87–

124.

Form No.: NA.

Type of Review: New Collection.

Respondents: Businesses or other for

profit.

Number of Respondents: 806,100.

Estimated Time per Response: 2

hours.

Total Annual Burden: 1,635,000

hours.

Needs and Uses: The manufacturing

date stamp on telephone equipment is

needed for, and will be used for,

determining whether a particular

telephone is hearing aid compatible.

The designation of emergency use

hearing aid compatible telephones is

needed to provide access to workplace

emergency telephones for persons with

hearing disabilities until workplaces are

required to provide that all workplace

telephones are hearing aid compatible.

The equipment packaging and

instructions information is needed to

alert consumers in cases where a

packaged telephone is not hearing aid

compatible.

Analysis of Proceeding: In 1992, the

Commission adopted rules

implementing the Hearing Aid

Compatibility Act of 1988, 47 U.S.C.

§ 610 (HAC Act). In 1993, the

Commission suspended portions of the

1992 rules because petitions filed by

establishments affected by the

regulations stated that the

establishments were encountering

serious difficulties in their attempts to

comply. On March 27, 1995, the

Commission announced that an

advisory committee, the Hearing Aid

Compatibility Negotiated Rulemaking

Committee (Committee), would consider

whether the rule suspension should be

lifted and whether new rules should be

proposed. (See 59 FR 60343 (Nov. 23,

1994); 58 FR 1539 (March 27, 1995); and

60 FR 27945 (May 26, 1995). The

Committee represented the views and

interests of all interested parties,

including those of the Commission,

telephone equipment manufacturers,

employers, hospitals, nursing homes,

hotels and motels, and persons with

disabilities. The Committee’s

recommendations, adopted by

unanimous consent, were filed with the

Commission in the Committee’s Final

Report of August, 1995. The NPRM

reflects the recommendations of the

Committee.

The NPRM seeks comment first, on

the Committee’s proposal to require

hearing aid-compatible telephones in:

(1) The non-common areas of the

workplace; (2) the patient and

residential rooms of confined settings,

such as hospitals and nursing homes;

and (3) the guest rooms of hotels and

motels. Second, the NPRM seeks

comment on a proposal that all

replacement telephones and all newly

purchased telephones should be

equipped with volume control, in

addition to having electro-magnetic coil

hearing aid-compatibility. The NPRM

also seeks comment on a proposed rule

that would require that all telephones

manufactured or imported for use in the

United States have a volume control

feature, and includes a proposed

technical specification for volume

control. Third, the NPRM seeks

comment on a proposal to modify our

rules governing telephone equipment

labelling requirements. Fourth, the

NPRM seeks comment on proposals to

implement additional recommendations

of the Committee regarding consumer

education. Finally, the NPRM seeks

comment on proposed amendments to

existing hearing aid compatibility rules

for the purpose of clarification.

The proposed rules provide, in

general, that all wireline telephones in

the workplace, in confined settings, and

in hotels and motels eventually would

be hearing aid compatible, as defined at

47 C.F.R. Section 68.316 (electromagnetic coil compatibility). The

proposed rules would require no testing

or retrofitting of existing workplace

telephones. Instead, the proposed rules

set deadlines that are beyond the normal

life-cycle times for the telephones in

these establishments to be replaced. The

proposed rules also would require

volume control for newly acquired and

replacement telephones in these

establishments, once the Commission’s

technical standards and implementation

rules for volume control are in place.

Replacement or retrofitting for volume

control also would not be required, and

existing inventories of telephones

would not be affected by the volume

control requirement. The NPRM states

that the volume control feature could

assist many telephone users, whether

they have hearing disabilities, and

whether they rely on telephones that are

hearing aid compatible. The rules are

necessary to implement the Hearing Aid

Compatibility Act of 1988. If adopted,

the proposed rules would increase

access by persons with hearing

disabilities to telephones provided for

emergency use.

Under the proposed rules, most

workplace telephones would be

required to be hearing aid compatible by

January 1, 2000. In harmony with the

provisions of the Americans With

Disabilities Act of 1990, establishments

with fewer than fifteen employees

would be exempt from these

requirements. After the applicable date

for having hearing aid compatible

telephones, employers could presume

that their telephones were hearing aid

compatible. Any person legitimately on

the premises could challenge this

presumption with a good faith request

for a hearing aid compatible telephone.

Upon receipt of such a request, the

employer would have fifteen working

days to replace any particular telephone
Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Proposed Rules 63669

that turns out not to be hearing aid

compatible.

For confined settings, the proposed

rules would require that establishments

with fifty or more beds make their

telephones hearing aid compatible

within one year of the Commission’s

implementing Order, while those with

fewer than fifty beds would have to

comply within two years. Telephones in

all confined setting establishments

would be exempt if alternate signalling

devices were available, monitored and

working, or if a resident brought in and

maintained his or her own telephone

equipment.

The proposed rules would require

that hotels and motels with eighty or

more guest rooms be required to provide

hearing aid compatible telephones

within two years of the Commission’s

implementing Order, while those with

fewer than eighty guest rooms would

have three years to do so. Upon the

effective date of these proposed rules,

generally twenty percent of guest rooms

must have telephones that are hearing

aid compatible.

The proposed rules do not address

wireless telephone hearing aid

compatible issues, because those are

being addressed by the Commission’s

Wireless Telecommunications Bureau.

Initial Regulatory Flexibility Analysis

As required by Section 603 of the

Regulatory Flexibility Act of 1980, 5

U.S.C. 601 et seq., the Commission has

prepared an Initial Regulatory

Flexibility Analysis (‘‘IRFA’’) of the

expected impact on small entities of the

proposals suggested in this document.

The IRFA is set forth in Appendix C of

the NPRM. Written public comments are

requested in the IRFA. These comments

must be filed in accordance with the

same filing procedures as other

comments in this proceeding, but they

also must have a separate and distinct

heading designating them as responses

to the Initial Regulatory Flexibility

Analysis.

Reason for Action: The NPRM

responds to the recommendations of the

Hearing Aid Compatibility Negotiated

Rulemaking Committee. Pursuant to the

Negotiated Rulemaking Act, the

Commission is obligated to initiate this

rulemaking proceeding.

Objectives: The objective of this

proposal is to provide greater access to

the telephone network by persons with

hearing disabilities, while at the same

time balancing the needs of

establishments that must provide

hearing aid-compatible telephones.

Legal Basis: The proposed action is

authorized under Sections 1, 201–205,

and 218 of the Communications Act of

1934, as amended, 47 U.S.C. Sections

151, 154, 201–205, and 218.

Reporting, Record Keeping and Other

Compliance Requirements: The

proposed rules would require

manufacturers and importers of

telephones for use in the United States

to provide volume control with their

equipment after a certain date. Such

telephone equipment manufacturers and

importers also would be required to

display on their equipment the date of

manufacture. In addition, workplaces

with fifteen or more employees,

confined setting establishments and

hotels and motels would have to

provide hearing aid-compatible

telephones after certain dates.

Federal Rules Which Overlap,

Duplicate, or Conflict with These Rules:

None.

Description, Potential Impact and

Number of Small Entities Involved: The

proposals set forth in this Notice may

have an economic impact on workplaces

with fifteen or more employees,

confined setting establishments and

hotels and motels. These establishments

eventually may be required to replace

some or all of their existing telephones

with telephones that are hearing aidcompatible, including telephones that

have volume control. These proposals

also may make it easier for these

establishments to acquire employees

and generate business.

Any Significant Alternatives

Minimizing the Impact on Small

Entities, Consistent with Stated

Objectives: None.

List of Subjects

47 CFR Part 64

Communications common carriers,

Handicapped, Telephone, Hearing aid

compatibility.

47 CFR Part 68

Administrative practice and

procedure, Communications common

carriers, Communications equipment,

Reporting and recordkeeping

requirements, Telephone, Hearing aid

compatibility, Volume control.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–30374 Filed 12–11–95; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 95–175; RM–8707]

Radio Broadcasting Services; Ada,

Newcastle, Watonga, OK

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Tyler

Broadcasting Corporation requesting the

reallotment of Channel 227C1 from Ada,

OK, to Newcastle, OK, as the

community’s first local aural broadcast

service, and the modification of Station

KTLS’ license to specify Newcastle as

its community of license. To

accommodate the allotment at

Newcastle, the Commission also

proposes the substitution of Channel

230A for Channel 228A at Watonga, OK,

and the modification of Station KIMY’s

license to specify the alternate Class A

channel. Channel 227C1 can be allotted

to Newcastle in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 7.5 kilometers (4.7 miles)

south, at coordinates 35–10–44 NL; 97–

36–03 WL, to accommodate petitioner’s

desired transmitter site. Channel 230A

can be allotted to Watonga at Station

KIMY’s licensed transmitter site, at

coordinates 35–54–17 NL; 98–23–09

WL.

DATES: Comments must be filed on or

before January 29, 1996, and reply

comments on or before February 13,

1996.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Gary S. Smith, Esq.,

Smithwick & Belendiuk, P.C., 1990 M

Street, NW., Suite 510, Washington, DC

20036 (Counsel to petitioner).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–175, adopted November 21, 1995,

and released December 6, 1995. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., (202) 857–