This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

24205

Vol. 61, No. 94

Tuesday, May 14, 1996

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1485

Agreements for the Development of

Foreign Markets for Agricultural

Commodities

AGENCY: Commodity Credit Corporation

(CCC).

ACTION: Final rule.

SUMMARY: The Commodity Credit

Corporation (CCC) is adopting as a final

rule the provisions of the proposed rule

published January 10, 1996, (61 FR 704)

regarding implementation of the Market

Promotion Program (MPP) authorized by

Section 203 of the Agricultural Trade

Act of 1978, 7 U.S.C. 5623. Specifically,

this rule extends the period of time

following the expiration of the

marketing year during which

participants may pay for approved

market development activities and still

be entitled to receive reimbursement

from CCC. This period of time is

extended from 30 days to 4 months.

This change eases administrative

requirements by affording program

participants additional time to obtain

invoices and other documentation

which supports the completion of

overseas market development activities.

EFFECTIVE DATES: May 14, 1996.

FOR FURTHER INFORMATION CONTACT:

Sharon McClure or Denise Fetters at

(202) 720–5521.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule is issued in

conformance with Executive Order

12866. Based on information compiled

by the Department, it has been

determined that this rule:

(1) Would have an annual effect on

the economy of less than $100 million;

(2) Would not adversely affect in a

material way the economy, a sector of

the economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities;

(3) Would not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency;

(4) Would not alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or rights and

obligations of recipients thereof; and

(5) Would not raise novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

principles set forth in Executive Order

12866.

The Department of Agriculture is

committed to carrying out its statutory

and regulatory mandates in a manner

that best serves the public interest.

Therefore, where legal discretion

permits, the Department actively seeks

to promulgate regulations that promote

economic growth, create jobs, are

minimally burdensome and are easy for

the public to understand, use of comply

with. In short, the Department is

committed to issuing regulations that

maximize net benefits to society and

minimize costs imposed by those

regulations.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this final rule since CCC

is not required by 5 U.S.C. 553 or any

other provision of law to publish a

notice of rulemaking with respect to the

subject matter of this rule.

Paperwork Reduction Act

The final rule does not impose any

new reporting or record keeping

requirements. The information

collection requirements for participating

in the MPP were approved for use by

the Office of Management and Budget

under OMB control number 0551–0027.

Executive Order 12372

This final rule is not subject to the

provisions of Executive Order 12372

which requires intergovernmental

consultation with state and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 46 FR

29115 (June 24, 1983).

Executive Order 12778

This final rule has been reviewed

under the Executive Order 12778, Civil

Justice Reform. The rule would have

pre-emptive effect with respect to any

state or local laws, regulations, or

policies which conflict with such

provisions or which otherwise impede

their full implementation. The rule

would not have retroactive effect.

Administrative proceedings are not

required before parties may seek judicial

review.

Background

On February 1, 1995, the CCC

published final rules at 60 FR 6352

governing the MPP. These new rules

were applicable beginning with a

participant’s 1995 marketing year.

Following publication, CCC participated

with interested parties in five

information sessions designed to

familiarize participants with the new

regulations and offer participants an

additional opportunity to identify any

problem areas. At these sessions, there

was considerable discussion concerning

the requirement that participants must

completely pay for approved activities

not later than 30 days following the end

of a participant’s activity plan year in

order to receive reimbursement, 7 CFR

§ 1485.16(h)(3). As a result of these

discussions, CCC published a proposed

rule on January 10, 1996, to amend the

current requirement in 7 CFR

§ 1485.16(h).

General Comments

The public was given 30 days to

submit written comments on the

proposed rule. During this period, CCC

received 5 letters from nonprofit U.S.

trade organizations. All commenters

strongly supported the proposed rule

which would allow participants to

transfer funds to pay for activities not

later than 4 months following the end of

the activity plan year and still be

entitled to receive reimbursement from

CCC. The proposed rule is adopted as

final. Since this final removes a

restriction, it is being made effective

upon publication in the Federal

Register.

List of Subjects in 7 CFR Part 1485

Agricultural commodities, Exports.

Accordingly, 7 CFR Part 1485 is

amended to read as follows:
24206 Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations

PART 1485—AGREEMENTS FOR THE

DEVELOPMENT OF FOREIGN

MARKETS FOR AGRICULTURAL

COMMODITIES

1. The authority citation for Part 1485

continues to read as follows:

Authority: 7 U.S.C. 5623, 5662–5664 and

sec. 1302, Pub. L. 103–66, 107 Stat. 330.

Subpart B—Market Promotion Program

2. In § 1485.16, paragraph (h) is

revised to read as follows:

§ 1485.16 Reimbursement rules.

* * * * *

(h) CCC will reimburse for

expenditures made after the conclusion

of participant’s activity plan year

provided:

(1) The activity was approved prior to

the end of the activity plan year;

(2) The activity was completed within

30 calendar days following the end of

the activity plan year; and

(3) all funds were transferred to pay

for the activity within 4 months

following the end of the activity plan

year.

Signed at Washington, D.C. on May 8,

1996.

Timothy J. Galvin,

Acting Administrator, Foreign Agricultural

Service and Vice President, Commodity Credit

Corporation.

[FR Doc. 96–12055 Filed 5–13–96; 8:45 am]

BILLING CODE 3410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–117–AD; Amendment

39–9613; AD 96–10–08]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–300, –400, and –500 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 737–

300, –400, and –500 series airplanes,

that requires inspection to detect

damage of a wire bundle and clamp that

are located in the electronic/electrical

(E/E) equipment bay, and repair of the

damaged wire bundle. That action also

requires replacement of the existing

steel clamp with a nylon clamp, and

rearrangement of the clamp installation.

This amendment is prompted by a

report of fire in the E/E equipment bay

due to electrical arcing caused by

chafing of a wire bundle. The actions

specified by this AD are intended to

prevent chafing of a wire bundle that

could cause short circuiting of the wire

bundle, and could result in smoke and

fire in the E/E equipment bay.

DATES: Effective June 13, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 13,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket 95–NM–117–AD, 1601 Lind

Avenue, SW., Renton, Washington; or at

the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Stephen Oshiro, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington; telephone (206) 227–2793;

fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Boeing

Model 737–300, –400, and –500 series

airplanes was published in the Federal

Register on October 13, 1995 (60 FR

53307). That action proposed to require

a visual inspection to detect damage of

the wire bundle and clamp in the

electronic/electrical (E/E) equipment

bay, and repair, if necessary.

Additionally, that action proposed to

require replacement of the rubber

cushioned steel clamp with a nylon

clamp, and the installation of additional

clamps to prevent contact between wire

bundle W2132 (or W0132) and power

feeder wire bundle W0142.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

One commenter supports the

proposed rule.

Request to Withdraw the Rule: Basis

May be an Isolated Incident

One commenter requests that the FAA

first review the findings on airplanes

inspected thus far and, if no incorrect

routing exists on other airplanes, the

proposed rule should be withdrawn.

This commenter states that the

Supplementary Information section of

the preamble to the proposal only states

that an unsafe condition is ‘‘likely to

exist’’ on other airplanes, and asks that

further explanation be given as to why

the FAA believes other airplanes may be

affected. This commenter has received

no reports of similar conditions on other

airplanes.

The FAA agrees that fleetwide

corrective actions should not be

mandated in response to incidents

determined to be truly ‘‘isolated.’’ In

this case, however, AD action is

warranted since the FAA has confirmed

that the incident described in the notice

was the result of a manufacturing error,

and that this error was repeated on

numerous airplanes. As part of its

investigation, the FAA conducted

inspections of 10 airplanes in the

manufacturer’s production facility.

These inspections revealed that

incorrect wire bundle clamps were

installed in each of these airplanes.

Furthermore, a review of manufacturing

records indicates that this condition

exists in approximately 620 previously

delivered airplanes. In light of this

evidence, the FAA has determined that

the condition addressed by this AD is

not the result of a single isolated

incident, as the commenter suggests.

Request to Withdraw the Rule: No

Essential Flight Circuits are Involved

One commenter requests that the AD

be withdrawn because of the fact that no

essential flight circuits were affected as

a result of the damage to the wiring. The

wire bundle involved in the damage is

not associated with flight-critical

systems.

The FAA agrees that loss of the

systems associated with the damaged

wire bundle would not significantly

affect safe flight and landing of the

airplane. The FAA’s primary concern,

however, is not the loss of system

function, but the possibility of chafing

of a wire bundle that could cause short

circuiting of the wire bundles. Such

short circuiting of the wire bundles

could result in an undetected in-flight

fire, since Electrical Equipment (E/E)

bays of Model 737 airplanes are not

equipped with fire detection systems.

Request to Withdraw the Proposal: No

‘‘Formal’’ Service Document Exists

One commenter contends that the

FAA should not issue an AD that cites

an ‘‘informal’’ service letter (Boeing

Service Letter 737–SL–24–106, dated

March 10, 1995) as the appropriate