Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18245

• The obligation to comply with the

current version of the Master Minimum

Equipment List (MMEL), Revision 11, or later

approved revisions is not affected by this

limitation.’’

(2) For Model SAAB 340B series airplanes:

Insert the following sub-section in the

Limitations Section of the AFM:

‘‘IGNITION SYSTEM

During each engine shutdown, perform a

check of the auto-ignition system.

• Adjust Ng to approximately 75%–77%;

minimum is 75%.

• Shut down the engines (CL to FUEL

OFF).

• Verify the IGN lights in the Flight Status

Panel (FSP) illuminate while Ng is above

62%. In bright sunlight, shade the FSP to

ensure that lights are visible when

illuminated.

• If an IGN light fails to illuminate, the

auto-ignition system is considered to be

inoperative.

• Retard PLs to GND IDLE.

If the auto-ignition system is inoperative:

• BEFORE ENTERING ICING

CONDITIONS, SET IGNITION TO CONT.

Maintain ignition in CONT until touchdown,

even if icing conditions cease to exist.’’

• The obligation to comply with the

current version of the Master Minimum

Equipment List (MMEL), Revision 11, or later

approved revisions is not affected by this

limitation.

(3) For all airplanes: Insert the following in

the Limitations Section of the AFM, under

Icing Conditions:

‘‘For engine anti-ice system activation,

icing conditions exist when visible moisture

in any form is present (such as clouds, fog

with visibility of one mile or less, rain, snow,

sleet, ice crystals) or standing water, slush, or

snow (hard packed snow excluded) is present

on the ramps, taxiways, or runways and the

OAT or SAT is +10 degrees C and below

during ground and flight operation.

For all airplane operations other than

engine anti-ice, icing conditions exist when

visible moisture in any form is present (such

as clouds, fog with visibility of one mile or

less, rain, snow, sleet, ice crystals) or

standing water, slush, or snow (hard packed

snow excluded) is present on the ramps,

taxiways or runways and the OAT or SAT is

+5 degrees C and below during ground and

flight operation. ‘‘

(4) For all airplanes: Insert the following in

the Normal Procedures Section of the AFM,

under Operation in Icing Conditions:

‘‘CAUTION

Engine power interruptions may occur at

ISA to ISA +20 degrees Celsius temperature

and in light (or undetected) icing conditions,

or shortly after exiting these conditions.

Engine function will normally be recovered

by the auto-ignition system before any

serious loss of power. To aid in avoidance of

these occurrences:

• Engine anti-ice systems must be

activated prior to entering icing conditions,

and maintained ON for at least 5 minutes

after exiting icing conditions.’’

(b) For Model SAAB 340B series airplanes:

If an auto-ignition system is found to be

inoperative, prior to further flight, perform an

Np overspeed test to ensure that the Np

overspeed system is operative, in accordance

with the procedures specified in General

Electric Maintenance Manual SEI–576. If the

Np overspeed system is found to be

inoperative, prior to further flight, repair in

accordance with the procedures specified in

General Electric Maintenance Manual SEI–

576.

(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,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. 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.

(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.

(e ) This amendment becomes effective on

May 10, 1996.

Issued in Renton, Washington, on April 19,

1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–10210 Filed 4–24–96; 8:45 am]

BILLING CODE 4910–13–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Parts 1500 and 1507

Large Multiple-tube Fireworks Devices;

Correction

AGENCY: Consumer Product Safety

Commission (CPSC).

ACTION: Final rule; correction.

SUMMARY: CPSC is correcting errors in

its amendment to the fireworks

regulations under the Federal

Hazardous Substances Act that

appeared in the Federal Register on

March 26, 1996 (61 FR 13084). Those

amendments will require that large

multiple-tube fireworks devices that

have any tube with an inner diameter of

1.5 inches (3.8 cm) or greater not tip

over when inclined at an angle of 60

degrees from the horizontal.

EFFECTIVE DATE: March 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Samuel B. Hall, Office of Compliance,

Consumer Product Safety Commission,

Washington, DC 20207–0001; telephone

(301) 504–0400, ext. 1371.

SUPPLEMENTARY INFORMATION: On March

26, 1996, the CPSC published an

amendment to the fireworks regulations

under the Federal Hazardous

Substances Act (61 FR 13084). Those

amendments will require that large

multiple-tube fireworks devices that

have any tube with an inner diameter of

1.5 inches (3.8 cm) or greater not tip

over when inclined at an angle of 60

degrees from the horizontal. This

requirement is intended to reduce the

risk of injury posed when these

fireworks devices tip over during firing.

If they tip over, subsequent tubes may

discharge in the direction of spectators

or others in the vicinity. The

amendment will become effective

March 26, 1997.

The errors occur in new paragraph 16

CFR 1500.17(a)(12(i), at page 13095 of

the Federal Register document of March

26, 1996. One of the errors correctly

stated that the requirement would apply

to the subject devices that first enter

commerce or are imported on or after

the date that is 1 year after publication.

However, that paragraph should instead

have stated the actual date (March 26,

1997).

The second error is that the reference

to the minimum tip angle as ‘‘greater

than 60 degrees’’ should have read ‘‘less

than 60 degrees’’.

Accordingly, the following correction

is made in the listing of banned

hazardous substances at 16 CFR

1500.17(a)(12)(i) published in the

Federal Register on March 26, 1996 (61

FR 13084):

1. Section 1500.17(a)(12)(i) on page

13095, column 3, is correctly revised to

read as follows:

§ 1500.17 Banned hazardous substances

(a) * * *

(12)(i) Large multiple-tube devices.

Multiple-tube mine and shell fireworks

devices that first enter commerce or are

imported on or after March 26, 1997,

that have any tube measuring 1.5 inches

(3.8 cm) or more in inner diameter, and

that have a minimum tip angle less than

60 degrees when tested in accordance

with the procedure of § 1507.12 of this

part.

* * * * *

Dated: April 17, 1996.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 96–9995 Filed 4–24–96; 8:45 am]

BILLING CODE 6355–01–P
18246 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Parts 710, 712, 720, and 740

[FHWA Docket No. 95–18]

RIN 2125–AC17

Right-of-Way Program Administration;

Removal of Obsolete and Redundant

Regulations

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Interim final rule; request for

comments.

SUMMARY: This document removes

regulations concerning right-of-way

program administration which are

obsolete and/or redundant. This action

is in response to the President’s

Regulatory Reinvention Initiative. The

removed regulatory provisions are

duplicated or addressed elsewhere in

FHWA/DOT regulations or are

unnecessary for current programs.

DATES: This interim rule is effective May

28, 1996. Comments are due on or

before June 24, 1996.

ADDRESSES: Submit written, signed

comments to FHWA Docket No. 95–18,

Federal Highway Administration, Room

4232, HCC–10, Office of the Chief

Counsel, 400 Seventh Street, SW.,

Washington, D.C. 20590. All comments

received will be available for

examination at the above address

between 8:30 a.m. and 3:30 p.m., e.t.,

Monday through Friday, except Federal

holidays. Those desiring notification of

receipt of comments must include a selfaddressed, stamped envelope or

postcard.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert A. Johnson, Office of Real

Estate Services, (202) 366–2020, or Mr.

Reid Alsop, Attorney, Office of Chief

Counsel, HCC–31, (202) 366–1371.

Office hours are from 7:45 a.m. to 4:15

p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION: On

November 6, 1995, the FHWA published

in the Federal Register (60 FR 56004) an

advance notice of proposed rulemaking

(ANPRM) requesting comment on the

content of 23 CFR parts 710 through

740. Twenty comments were received

from individuals (2), private groups or

organizations (2), and State

transportation agencies (16).

Based on the responses to the ANPRM

and other factors, the FHWA concludes

that a comprehensive revision of the

Right-of-Way related regulations is

required. While such a revision is

appropriate, several other regulatory

revisions are currently underway that

will, either directly or indirectly, affect

right-of-way considerations. The FHWA

will coordinate development of a notice

of proposed rulemaking (NPRM)

governing right-of-way/real estate

programs with other related regulations

now under review governing new

administrative procedures and

environmental issues to ensure that

maximum consistency with current

practice is achieved.

In the interim, the FHWA has

identified numerous provisions that are

no longer needed and should be

removed from the regulations. Four

whole parts or subparts identified

during the review of the regulations as

no longer needed are removed by this

rule. These four include:

(1) 23 CFR part 710, subpart D—Civil

Rights. This subpart of the regulations

contains provisions relating civil rights

under Title VI of the Civil Rights Act of

1964 to the right-of-way acquisition

function. This subpart was published in

1974 and was based on provisions

contained in 49 CFR part 21 issued in

1970. Since the original issuance,

subchapter C—Civil Rights was added

to 23 CFR. Subchapter C provides

guidance and policy for implementing

Title VI program requirements

throughout FHWA and addresses State

highway agency responsibilities in this

regard. The provisions in 49 CFR part 21

and 23 CFR subchapter C contain the

more current provisions relating to Civil

Rights matters and are the sections of

the regulations used to assess

compliance. The older provisions in 23

CFR part 710, subpart D, while still

relevant as guidance, are no longer

needed, having been replaced by the

more comprehensive provisions in 23

CFR subchapter C.

(2) 23 CFR part 712, subpart H—Land

Service Facilities. This subpart contains

policy guidance on Federal

participation associated with land

service facilities designed for access to

properties affected by a highway

improvement. The full control of access

features associated with the Interstate

system, along with the cost-to-complete

funding basis for that system,

necessitated regulations to assure that

land service facilities (construction

items) incorporated in project design

were either clearly beneficial to the

public or economically justified if

beneficial solely to an individual

property owner. The policy had existed

as guidelines prior to adoption as a

regulation in 1977, and has since been

adopted within most State highway

agencies— design development

processes. The FHWA recognizes that

most States now have policies meeting

the basic intent of this subpart. Current

funding programs are no longer based

on cost-to-complete but are limited to

fixed allocations. Our program emphasis

is not directed at new limited access

facilities. Therefore, no current interest

is served by retaining this subpart.

(3) 23 CFR part 720—Appraisal. The

content in this part covers employment

and contracting provisions for acquiring

agencies using fee appraiser and

specialist services. The current content

in this part is the residual portion of

regulations originally issued in 1973

that covered appraisal documentation

and contracting standards. The

appraisal documentation standards were

incorporated into 49 CFR part 24 in

1989 as part of the effort to develop a

single government-wide rule

implementing the Uniform Act (Pub. L.

91–646). The employment and

contracting provisions contained in this

part, while still considered good

practice, are no longer needed to

address our current programs. States

have developed their own set of

procedures on how to handle

contracting for services under

government-wide rules issued by OMB

as implemented within DOT by 49 CFR

part 18.

(4) 23 CFR part 740—Relocation

Assistance. This part of the regulations

is a residual of a larger set originally

issued in 1976 governing the

implementation of the relocation

program under the Uniform Act. The

main portion of the regulations related

to this topic was incorporated in 49 CFR

part 24 in 1989. What was retained at

that time was participation, organization

and contracting requirements. The

contracting provisions found in this part

are no longer appropriate as they either

duplicate similar provisions found

elsewhere in 23 CFR or can be

addressed through implementation of

the government-wide rules on

contracting for services covered by 49

CFR part 18. The participation and

organizational sections in this part are

also either covered elsewhere in 23 CFR

or no longer relate to current programs.

The removal of the above parts and

subparts is not considered a major or

significant change in the basic programs

of FHWA and should not be considered

as a relaxation of preexisting standards,

or an expansion of Federal participation

limits that pertained to the subjects

contained therein. The removal is solely

to reduce redundancy and eliminate

prescriptive portions of existing

regulations that have been adopted as

standardized procedures over time by

State highway agencies.
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18247

Rulemaking Analyses and Notices

The FHWA is waiving prior notice

and opportunity for public comment on

this rule because it is considered

unnecessary within the meaning of

section 4(b)(3)(B) of the Administrative

Procedures Act, 5 USC 553(b)(3)(B).

Removal of the identified sections is

unlikely to engender public comment.

The FHWA believes that the

promulgation of this interim rule will

eliminate obsolete provisions in the CFR

enhancing the ease with which these

regulations can be understood by the

public. Nevertheless, the FHWA is

opening a public docket for this rule

and providing 60 days for receipt of

public comment. The FHWA will

consider all comments received during

this 60 day period in determining

whether any revision is necessary to the

rule published today.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this

action is not a significant regulatory

action within the meaning of Executive

Order 12866 or significant within the

meaning of Department of

Transportation regulatory policies and

procedures. Since this Interim Final

Rule reduces obsolete regulatory

language it will not have an adverse

annual effect on the economy, interfere

with the work of another agency,

materially alter the budget impact of

grantees, or raise novel legal or policy

issues inconsistent with the principles

set forth in this Executive Order. It is

anticipated that the economic impact of

this rulemaking will be minimal;

therefore, a full regulatory evaluation is

not required.

Regulatory Flexibility Act

This rule eliminates obsolete

regulatory language used in the

administration of right-of-way programs,

and in so doing does not add to the

burdens imposed on a substantial

number of small entities.

Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Number 20.205 Highway

Planning and Construction. The

regulations implementing Executive

Order 12372 regarding

intergovernmental consultation on

Federal programs and activities apply to

this program.

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for purposes of the Paperwork

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

et seq.

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and has determined

that this action would not have any

effect on the quality of the environment.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects in 23 CFR Parts 710,

712, 720, and 740

Grant programs—transportation,

Highways and roads, Real property

acquisition, Relocation assistance,

Rights-of-way.

For the reasons set out in the

preamble, and under the authority of 23

U.S.C. 315 and 49 CFR 1.48, title 23,

Code of Federal Regulations, is

amended as set forth below.

Issued on: April 18, 1996.

Rodney E. Slater,

Federal Highway Administrator.

In consideration of the foregoing, the

FHWA amends chapter I of title 23,

Code of Federal Regulations, as follows:

PART 710—RIGHT-OF-WAY—

GENERAL

1. The authority citation for part 710

continues to read as follows:

Authority: 23 U.S.C. 101(a) and 315; 42

U.S.C. 2000d et seq., 4633, 4651–4655; 49

CFR 1.48 (b) and (cc) and parts 21 and 24;

23 CFR 1.32.

§§ 710.401 through 710.405 (Subpart D)—

Civil Rights [Removed]

2. In part 710, subpart D, consisting of

§§ 710.401 through 710.405, is removed.

PART 712—THE ACQUISITION

FUNCTION

3. The authority citation for part 712

continues to read as follows:

Authority: 23 U.S.C. 101(a), 107, 108, 111,

114, 204, 210, 308, 315, 317, and 323; 42

U.S.C. 2000d–1, 4633, 4651–4655; 49 CFR

1.48 (b) and (cc) and part 24; 23 CFR 1.32.

§§ 712.801, 712.803, and 712.805 (Subpart

H)—Land Service Facilities [Removed]

4. In part 712, subpart H, consisting

of §§ 712.801, 712.803, and 712.805 is

removed.

PART 720—APPRAISAL [REMOVED]

5. Part 720 of chapter I is removed.

PART 740—RELOCATION

ASSISTANCE [REMOVED]

6. Part 740 of chapter I is removed.

[FR Doc. 96–10207 Filed 4–24–96; 8:45 am]

BILLING CODE 4910–22–P

National Highway Traffic Safety

Administration

23 CFR Part 1309

[NHTSA Docket No. 82–18; Notice 14]

RIN 2127–AG22

Incentive Grant Criteria for Alcohol

Traffic Safety Programs

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule removes Part

1309 from title 23 of the Code of Federal

Regulations (CFR). Part 1309 established

criteria for awarding incentive grants to

States that implemented effective

programs to reduce drunk driving and

driving under the influence of a

controlled substance, in accordance

with section 408 of title 23, United

States Code. The regulation is being

removed because it is unnecessary and

obsolete. Funds for the section 408

program have not been authorized since

FY 1994.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT: Ms.

Marlene Markison, Office of State and

Community Services, National Highway

Traffic Safety Administration, 400 7th

Street, SW., Washington, DC 20590,

telephone (202) 366–2121; or Ms. Heidi

L. Coleman, Office of Chief Counsel,

Room 5219, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW., Washington, DC 20590,

telephone (202) 366–1834.