Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2877

Done in Washington, DC, this 6th day of

January 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–806 Filed 1–11–95; 8:45 am]

BILLING CODE 3410–34–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–ANE–59; Amendment 39–

9113; AD 95–01–02]

Airworthiness Directives; Hartzell

Model HC–B4 Series Propellers

Installed on Mitsubishi MU–2 Series

Aircraft

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

three existing airworthiness directives

(AD), applicable to Hartzell Model HC–

B4TN–5(D,G,J)L/LT10282(B,K)–5.3R

and HC–B4TN–5(D,G,J)L/

LT10282N(B,K)–5.3R propellers

installed on Mitsubishi MU–2 series

aircraft. These AD’s currently require

replacement of existing LT10282(B,K)–

5.3R propeller blades with

LT10282N(B,K)–5.3R improved ‘‘N’’

configuration propeller blades, and

repetitive inspection and rework when

required of the inner hub arm bore. This

amendment requires new repair limits,

shot peening procedures, and retirement

at 10,000 hours time in service for the

‘‘N’’ configuration blades. Additionally,

this action requires replacement of

existing propeller hubs with new

improved fatigue strength steel hubs

and requires inspection, and specified

rework as necessary, of the new steel

hubs at a repetitive interval of 3,000

hours time in service. This amendment

is prompted by a determination that the

current hub design and blade repair

limits do not adequately protect against

initiation of fatigue cracks in the

propeller hub arm bore and do not

prevent the resonant speed of the

propeller from shifting into the

permitted ground idle operating range.

The actions specified by this AD are

intended to prevent initiation of fatigue

cracks in propeller assemblies and

subsequent progression to propeller

failure, with departure of the blade, or

hub arm and blade, that may result in

loss of aircraft control.

DATES: Effective January 27, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 27,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

March 13, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

94–ANE–59, 12 New England Executive

Park, Burlington, MA 01803–5299.

The service information referenced in

this AD may be obtained from Hartzell

Propeller Inc., One Propeller Place,

Piqua, OH 45356–2634; telephone (513)

778–4200, fax (513) 778–4391. This

information may be examined at the

FAA, New England Region, Office of the

Assistant Chief Counsel, Burlington,

MA; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Tomaso DiPaolo, Aerospace Engineer,

Chicago Aircraft Certification Office,

FAA, Small Airplane Directorate, 2300

East Devon Avenue, Room 232, Des

Plaines, IL 60018; telephone (708) 294–

7031, fax (708) 294–7834.

SUPPLEMENTARY INFORMATION:

Airworthiness directive (AD) 93–01–09,

Amendment 39–8463, effective April

20, 1993, applicable to Hartzell Model

HC–B4TN–5(D,G,J)L/LT10282(B,K)–

5.3R propellers installed on Mitsubishi

MU–2 series aircraft was published in

the Federal Register on March 26, 1993

(58 FR 16347). That action was

prompted by three reports of propeller

blades separating during flight. The

manufacturer’s investigation of the

failed blades revealed that fatigue cracks

could initiate at the radius end of the

blade bearing bore. That condition, if

not corrected, can result in fatigue

cracks initiating and progressing to

failure resulting in departure of the

blade and possible loss of aircraft

control.

That AD requires initial and repetitive

inspections for fatigue cracks at the

blade bearing bore. All affected

propeller blades showing evidence of

cracks or propeller blades not meeting

acceptable rework criteria are required

to be replaced with serviceable blades

prior to further flight. Additionally, as a

terminating action to the repetitive

inspections, AD 93–01–09 requires

replacement of existing LT10282(B,K)–

5.3R propeller blades with

LT10282N(B,K)–5.3R improved ‘‘N’’

configuration propeller blades at the

next overhaul, or within 15 months of

the effective date of that AD (July 31,

1994), whichever occurs first. Propeller

blades modified to the ‘‘N’’

configuration have design

improvements in the blade bearing bore

that reduce the susceptibility to

corrosion and localized stresses. The

modified blades also have additional

thickness added to the blade inboard

stations to reduce operating stresses.

The FAA determined that long term

continued operational safety would be

better assured by actual modification of

the propeller to remove the source of the

problem rather than continuing with

repetitive inspections.

On April 28, 1993, the FAA issued

priority letter AD 93–09–04, applicable

to both Hartzell Model HC–B4TN–

5(D,G,J)L/LT10282(B,K)–5.3R and

Model HC–B4TN–5(D,G,J)L/

LT10282N(B,K)–5.3R propellers

installed on Mitsubishi Model MU–2B–

60 aircraft. That AD was published in

the Federal Register on July 22, 1993

(58 FR 39139). That AD action was

prompted by two reports of propeller

hub arm assembly fatigue failures and

subsequent hub arm and blade

separation from aircraft in flight.

Preliminary data indicated that fatigue

cracks can originate in the propeller hub

arm assembly.

That AD requires initial and repetitive

removals from service of affected

propeller hub assemblies for inspection

and specified rework procedures before

returning to service. That AD was an

interim action until more data became

available on the cause of propeller hub

arm assembly failures.

On June 10, 1993, the FAA issued

priority letter AD 93–12–01, also

applicable to both Hartzell Model HC–

B4TN–5(D,G,J)L/LT10282(B,K)–5.3R

and Model HC–B4TN–5(D,G,J)L/

LT10282N(B,K)–5.3R propellers

installed on MU–2B–26A, –36A, and,

–40 aircraft. That AD was published in

the Federal Register on September 29,

1993 (58 FR 50840). That action was

prompted by a report of a hub assembly

with a crack indication in the hub arm

that was found during the inspection

and rework required by AD 93–09–04.

In addition, although not stated in AD

93–12–01, the FAA based AD 93–12–01

on flight strain survey investigations.

Airworthiness Directive 93–12–01 cites

the same safety concerns and

requirements as AD 93–09–04 and was

also an interim action until more data

became available on the cause of

propeller hub arm assembly failures.

Since the issuance of AD 93–09–04

and AD 93–12–01, the FAA determined

that fretting can cause a fatigue crack to

initiate in the propeller hub arms of the

affected propellers. The fatigue crack
2878 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

initiates in the propeller inner hub arm

bore. The fretting fatigue can be caused

by a high stress loading condition that

occurs two times per revolution when

operating in a propeller ground

resonance condition known as the

‘‘reactionless mode.’’ The propeller

resonance condition can be experienced

in MU–2 series aircraft when Hartzell

HC–B4 series propellers, with blades at

or near the previous thickness repair

limits, are operated at the originally

certified engine ground idle speed when

a quartering tail wind is present.

The FAA has also issued AD 94–11–

04, Amendment 39–8920, effective on

June 10, 1994, applicable to Mitsubishi

Model MU–2B–26A, –36A, –40, –60,

and MU–2B–36 aircraft Modified by

Supplemental Type Certificate (STC)

SA2413SW. That AD restricts the engine

ground idle speed to a range of 76.5

percent to 78.5 percent to prevent the

possibility of operating the propeller too

close to the ground idle resonant speed.

The requirements of AD 94–11–04 are

not affected by this action.

Since the issuance of AD’s 93–01–09,

93–09–04, and 93–12–01, the

manufacturer has developed an

improved fatigue strength steel

propeller hub that has a compressive

rolled internal bearing bore in the hub

arms. Additionally, to further assure

propeller operation will not occur in the

reactionless mode, the manufacturer has

developed new repair limits and shot

peening procedures, and has established

a retirement life limit of 10,000 hours

time in service for the ‘‘N’’ configuration

propeller blades. This AD will mandate

phase in of the new steel hub design

and the new ‘‘N’’ configuration

propeller blade repair limits, shot

peening procedures, and retirement life.

The FAA has reviewed and approved

the technical contents of the following

service documents:

Hartzell Alert Service Bulletins

(ASB’s) No. A182A and A183A both

dated March 11, 1994, that describe

procedures for installation, inspection,

and rework as required for an improved

fatigue strength steel hub applicable to

propellers installed on Mitsubishi MU–

2B–60 aircraft and MU–2B–26A, –36A,

–40 or other MU–2 model aircraft,

respectively; and

Hartzell ASB No. A188 dated

February 25, 1994, applicable to affected

propellers installed on all Mitsubishi

MU–2 series aircraft that describes new

repair limits and procedures for shot

peening the LT10282N(B,K)–5.3R blade

surfaces for optimum service life when

installed on Mitsubishi MU–2 series

aircraft.

Since an unsafe condition has been

identified that is likely to exist or

develop on other propellers of this same

type design, the FAA is superseding

AD’s 93–01–09, 93–09–04, and 93–12–

01; and adopting a new AD which

requires replacement of any remaining

LT10282(B,K)–5.3R propeller blades

with LT10282N(B,K)–5.3R improved

‘‘N’’ configuration propeller blades,

requires shot peening of all ‘‘N’’ blades,

and establishes a new life limit of

10,000 hours time in service for ‘‘N’’

blades used on Mitsubishi MU–2 series

aircraft; and requires replacement of

Part Number (P/N) 840–139 or P/N 840–

91 propeller hubs with new improved

fatigue strength steel hubs which

require inspection, and specified rework

as necessary, at a repetitive interval of

3,000 hours time in service. The actions

are required to be accomplished in

accordance with the alert service

bulletins described previously.

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 should 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.

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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 94–ANE–59.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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. 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. 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

removing amendment 39–8463 (58 FR

16347, March 26, 1993); amendment

39–8583 (58 FR 39139, July 22, 1993);

and amendment 39–8642 (58 FR 50840,

September 29, 1993); and by adding a
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2879

new airworthiness directive to read as

follows:

95–01–02 Hartzell Propeller Inc.:

Amendment 39–9113. Docket 94–ANE–

59. Supersedes AD 93–01–09,

Amendment 39–8463; AD 93–09–04,

Amendment 39–8583; and AD 93–12–01,

Amendment 39–8642.

Applicability: Hartzell Propeller Inc.

Models HC–B4TN–5(D,G,J)L/LT10282(B,K)–

5.3R, HC–B4TN–5(D,G,J)L/LT10282N(B,K)–

5.3R, and HC–B4TN–5(D,G,J)L/

LT10282NS(B,K)–5.3R propellers installed

on Mitsubishi MU–2B–26A, –36A, –40, –60;

MU–2B–30 Modified by Supplemental Type

Certificate (STC) SA336GL–D & SA339GL–D;

MU–2B–36 Modified by SA2413SW; and any

other MU–2 Series aircraft which have the

affected propellers installed.

Note: The parentheses indicate the

presence or absence of an additional letter(s)

which vary the basic propeller hub and blade

model designation. This Airworthiness

Directive (AD) still applies regardless of

whether these letters are present or absent on

the propeller hub and blade model

designation.

Compliance: Required as indicated, unless

accomplished previously.

To prevent initiation of fatigue cracks in

propeller assemblies and subsequent

progression to propeller failure, with

departure of the blade, or hub arm and blade,

that may result in loss of aircraft control,

accomplish the following:

(a) Before further flight replace Hartzell

Model HC–B4TN–5(D,G,J)L/LT10282(B,K)–

5.3R propeller blades with serviceable

Hartzell HC–B4TN–5(D,G,J)L/

LT10282N(B,K)–5.3R or HC–B4TN–

5(D,G,J)L/LT10282NS(B,K)–5.3R ‘‘N’’

configuration propeller blades. Airworthiness

Directive 93–01–09, which is superseded by

this AD, required this action to be completed

by July 31, 1994.

(b) For propeller hub assemblies that

experience a blade strike, as defined in

paragraph (g) of this AD, after the effective

date of this AD, before further flight,

accomplish the following as applicable:

(1) Replace propeller hub unit, Part

Number (P/N) 840–139 or P/N 840–91, with

a hub that has compressive rolled internal

bearing bores, which is identified with the

addition of a third letter ‘‘A’’ in the hub serial

number prefix (e.g. ‘‘CDA1234’’). Propeller

hub assemblies removed from service in

accordance with this AD paragraph are to be

permanently retired and may not be returned

to service on any aircraft; and

(2) Thereafter, at intervals of 3,000 hours

time in service (TIS) or 60 calendar months,

whichever occurs first, remove the

compressive rolled internal bore hub

assembly, identified with the addition of a

third letter ‘‘A’’ in the hub serial number

prefix (e.g. ‘‘CDA1234’’), for inspection and

specified rework in accordance with Hartzell

Alert Service Bulletins (ASB’s) No. A182A or

A183A, both dated March 11, 1994.

(3) For compressive rolled internal bearing

bore hub assemblies, identified with the

addition of a third letter ‘‘A’’ in the hub serial

number prefix (e.g. ‘‘CDA1234’’), that

experience a blade strike, remove the hub

assembly for inspection and specified rework

procedures, in accordance with Hartzell ASB

Nos. A182A or A183A, both dated March 11,

1994, Thereafter, at intervals of 3,000 TIS or

60 calendar months, whichever occurs first,

repeat this inspection and required rework.

(c) Before further flight for propeller hub

assemblies that have never been inspected; or

within 750 hours TIS since the last

inspection for those propeller hub assemblies

inspected in accordance with Hartzell ASB’s

Nos. A182A, or A183A, both dated March 11,

1994; or ASB No. A182, dated April 28, 1993,

or ASB No. A183, dated June 1, 1993; but in

no case later than 12 calendar months from

the effective date of this AD; accomplish the

following:

(1) Replace propeller hub unit P/N 840–

139 or P/N 840–91, unless already

accomplished, with a hub that has

compressive rolled internal bearing bores,

which is identified with the addition of a

third letter ‘‘A’’ in the hub serial number

prefix (e.g. ‘‘CDA1234’’). Propeller hub

assemblies removed from service in

accordance with this AD paragraph are to be

permanently retired and may not be returned

to service on any aircraft; and

(2) Thereafter at intervals of 3,000 hours

TIS or 60 calendar months, whichever occurs

first, remove the compressive rolled internal

bearing bore hub assembly, identified with

the addition of a third letter ‘‘A’’ in the hub

serial number prefix (e.g. ‘‘CDA1234’’), for

inspection and specified rework in

accordance with Hartzell ASB’s No. A182A

or A183A both dated March 11, 1994.

(d) Perform a propeller blade thickness

inspection, rework if necessary, shot peen,

and mark the blades, in accordance with

Hartzell ASB No. A188, dated February 25,

1994, in accordance with the following

schedule and requirements:

Propeller

blade time

since new

(TSN) on the

effective date

of this AD

Compliance required

Greater than

or equal to

2,900 hours

TSN.

Within 100 hours TIS after

the effective date of this

AD, or during compliance

with paragraphs (b) or (c)

of this AD, as applicable,

whichever occurs first.

Less than

2,900 hours

TSN but

greater than

2,200 hours

TSN.

Prior to reaching 3,000 hours

time TSN or during compliance with paragraphs (b)

or (c) of this AD, as applicable, whichever occurs

first.

Less than or

equal to

2,200 hours

TSN.

Within 800 hours TIS after

the effective date of this

AD or during compliance

with paragraphs (b) or (c)

of this AD, as applicable,

whichever occurs first.

(1) If blade thickness requires rework of

blades comprising thickness reduction of

inboard stations then shot peening is also

required prior to returning to service.

(2) If the blade thickness inspection is

satisfactory and no rework is required, shot

peening may be deferred until the next

overhaul, but not to exceed 3,000 hours TSN

of the propeller blades, or within 60 calendar

months since the last overhaul, whichever

occurs first.

(3) Propeller Model LT10282N(B,K)–5.3R

‘‘N’’ configuration blades that have been

satisfactorily shot peened and inspected and

must be metal impression stamped in the

blade butt as well as ink stamped externally

on the blade shank with the suffix letter ‘‘S’’

in the blade model designation, per Hartzell

ASB No. A188, dated February 25, 1994.

(e) Any blade repairs made after the

effective date of this AD shall be

accomplished in accordance with the

procedures specified in Hartzell ASB No.

A188, dated February 25, 1994.

Note: Airworthiness Directive (AD) 94–11–

04 restricts Mitsubishi Model MU–2B–26A,

–36A, –40, –60, and MU–2B–36 Aircraft

Modified by (STC) SA2413SW to an engine

ground idle speed range of 76.5 to 78.5

percent to prevent the possibility of operating

the propeller too close to the ground idle

resonant speed (‘‘reactionless mode’’). The

purpose of Paragraphs (d) and (e) of this AD

are to insure that the resonant speed does not

shift into the permitted engine ground idle

range during operation.

(f) Propeller blade Model LT10282N(B,K)–

5.3R and LT10282NS(B,K)–5.3R

configuration blades now have a retirement

life limit of 10,000 hours TIS and are to be

permanently retired from service, and

replaced with serviceable blades, upon

reaching this limit.

(g) A blade strike is defined as a propeller

having any blade that has been bent beyond

the repair limits specified in Hartzell

Propeller Inc. Standard Practices Manual,

Revision 1, Pages 1104–1105, dated June

1994.

(h) The ‘‘calendar month’’ compliance

times stated in this AD allow the

performance of the required action up to the

last day of the month in which compliance

is required.

(i) 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, FAA,

Chicago Aircraft Certification Office. The

request should be forwarded through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, FAA, Chicago Aircraft

Certification Office.

Note: Information concerning the existence

of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the FAA,

Chicago Aircraft Certification Office.

(j) Except when propeller hub arm

assemblies have experienced a blade strike,

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 aircraft to

a location where the requirements of this AD

can be accomplished.

(k) The actions required by this AD shall

be done in accordance with the following

Hartzell Propeller Inc. service documents:
2880 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

Document No. Pages Date

ASB No. A182A . 1–3 Mar. 11, 1994.

Total pages:

3.

ASB No. A183A . 1–3 Mar. 11, 1994.

Total pages:

3.

ASB No. A188 ... 1–4 Feb. 25, 1994.

Total pages:

4.

Hartzell Propeller

Standard Practices Manual,

Revision 1.

1104–5 June 1994.

Total pages:

2.

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 Hartzell Propeller Inc., One Propeller

Place, Piqua, OH 45356–2634; telephone

(513) 778–4200, fax (513) 778–4391. Copies

may be inspected at the FAA, New England

Region, Office of the Assistant Chief Counsel,

12 New England Executive Park, Burlington,

MA; or at the Office of the Federal Register,

800 North Capitol Street, NW., suite 700,

Washington, DC.

(l) This amendment becomes effective on

January 27, 1995.

Issued in Burlington, Massachusetts, on

December 22, 1994.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 95–633 Filed 1–11–95; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 597

[Docket No. R–95–1702; FR–3580–N–04]

RIN 2506–AB65

Designation of Empowerment Zones

and Enterprise Communities; Notice of

Waiver of Sunset Provision of Interim

Rule

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of waiver.

SUMMARY: This Notice announces a

waiver granted by the Secretary, under

the waiver authority of 24 CFR 597.5, of

the sunset provision set forth in

§ 597.1(c) of the Department’s interim

rule published on January 18, 1994.

DATES: January 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Michael T. Savage, Deputy Director,

Office of Economic Development, Room

7136, Department of Housing and Urban

Development, 451 Seventh Street SW,

Washington, DC 20410, telephone (202)

708–2290; TDD (202) 708–2565. (These

are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: On

January 18, 1994, the Department

published an interim rule that

implemented that portion of Subchapter

C, Part I (Empowerment Zones,

Enterprise Communities and Rural

Development Investment Areas) of Title

XIII of the Omnibus Budget

Reconciliation Act of 1993 dealing with

the designation of urban Empowerment

Zones and Enterprise Communities (EZ/

EC interim rule). The preamble to the

EZ/EC interim rule stated that: ‘‘The

Department has adopted a policy of

setting a date for expiration of an

interim rule unless a final rule is

published before that date. This

‘‘Sunset’’ provision appears in § 597.1(c)

of the rule; and provides that the

interim rule will expire on a date 12

months from publication unless a final

rule is published before that date.’’

The EZ/EC final rule is being

published elsewhere in today’s Federal

Register. However, consistent with 42

U.S.C. 3535(o)(3) of the Department’s

authorizing legislation, the EZ/EC final

rule cannot become effective until a

period of 30 calendar days from the date

of publication of the final rule has

expired. Accordingly, the EZ/EC final

rule, published in today’s Federal

Register, will not become effective by or

before January 18, 1995, the date the

interim rule expires. In order to prevent

a period in which the effective period of

the EZ/EC regulations lapses, a waiver

is granted under 24 CFR 597.5.

Section 597.5 provides that ‘‘The

Secretary of HUD may waive for good

cause any provision of this part not

required by statute, where it is

determined that application of the

requirement would produce a result

adverse to the purpose and objectives of

this part.’’ The sunset provision set forth

in 24 CFR 597.1(c) of the January 18,

1994 interim rule was not required by

statute, and good cause exists to waive

this provision in order that the effective

period of the interim rule published on

January 18, 1994 (59 FR 2700) continues

until the date the final rule is published

and made effective, at which point the

final rule will remain in effect.

Dated: January 5, 1995.

Henry G. Cisneros,

Secretary.

[FR Doc. 95–733 Filed 1–11–95; 8:45 am]

BILLING CODE 4210–32–P–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 35

[FRL–5138–1]

Reallocation of Reserved Funds Not

Awarded; Correcting Amendment

AGENCY: U.S. Environmental Protection

Agency.

ACTION: Correcting amendment.

SUMMARY: In this amendment, EPA is

correcting a typographical error in

response to requests for clarification on

the reallocation of funds for Tribes. The

intended effect of this amendment is to

enhance the accuracy and reduce

misunderstandings of the reallocation of

funds for Tribes. The amendments are

minor editorial changes and do not

impose new requirements.

EFFECTIVE DATE: January 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Donald J. Brady, Office of Wetlands,

Oceans and Watersheds, (202) 260–

5368, Assessment and Watershed

Protection Division, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

Background

40 CFR 35.155 (c) is listed twice, but

contains different text. This is due to an

error in submitting two earlier additions

of § 35.155 (c). Accordingly, § 35.155 is

corrected by changing the repeated

§ 35.155 (c) to (d) and listing paragraph

(d) immediately following paragraph (c).

List of Subjects in 40 CFR Part 35

Environmental protection, Grant

programs, Reporting and recordkeeping

requirements, Water pollution control,

Water supplies.

Dated: December 6, 1994.

Robert Perciasepe,

Assistant Administrator for Water.

40 CFR part 35, subpart A is amended

as follows:

1. The authority citation for part 35,

subpart A continues to read as follows:

Authority: Secs. 105 and 301(a) of the

Clean Air Act, as amended (42 U.S.C. 7405

and 7601(a); Secs. 106, 205(g), 205(j), 208,

319, 501(a), and 518 of the Clean Water Act,

as amended (33 U.S.C. 1256, 1285(g),

1285(j),1288, 1361(a) and 1377); secs. 1443,

1450, and 1451 of the Safe Drinking Water

Act (42 U.S.C. 300j–2, 300j–9 and 300j–11);

secs. 2002(a) and 3011 of the Solid Waste

Disposal Act, as amended by the Resource

Conservation and Recovery Act of 1976 (42

U.S.C. 6912(a), 6931, 6947, and 6949); and

secs. 4, 23 and 25(a) of the Federal

Insecticide Fungicide and Rodenticide Act,