34368 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

contained in these regulations and the

appeal provisions promulgated by the

Board of Contract Appeals, 7 CFR part

24, subtitle A, must be exhausted before

any action for judicial review may be

brought.

Environmental Evaluation

This action is not expected to have a

significant impact on the quality of the

human environment, health, and safety.

Therefore, neither an Environmental

Assessment nor an Environmental

Impact Statement is needed.

National Performance Review

This regulatory action is being taken

as part of the National Performance

Review Initiative to eliminate

unnecessary or duplicative regulations

and improve those that remain in force.

Background

Prior to enactment of the 1996 Act,

CAT coverage was offered through

approved insurance providers and

through local offices of the Farm Service

Agency, USDA on a nationwide basis.

The 1996 Act amended the Federal Crop

Insurance Act to require the USDA to

phase in a single delivery of CAT

coverage unless the Secretary of

Agriculture determines that the number

of private insurers in a State (or a

portion of a State) is insufficient to

provide the coverage. In response to the

legislative elimination of the delivery of

CAT through county Farm Service

Agency offices, except in those areas

where there are insufficient approved

private insurance providers to provide

CAT coverage to producers, FCIC must

amend this regulation to update and

clarify the obligations of participating

insurance companies.

List of Subjects in 7 CFR Part 400

Crop insurance.

Final Rule

Pursuant to the authority contained in

the Federal Crop Insurance Act, as

amended (7 U.S.C. § 1501 et seq.), the

Federal Crop Insurance Corporation

hereby amends General Administrative

Regulations, 7 CFR part 400, subpart L,

effective for the 1997 and succeeding

reinsurance years, as follows:

PART 400—GENERAL

ADMINISTRATIVE REGULATIONS

Subpart L—Reinsurance Agreement—

Standards for Approval; Regulations

for the 1997 and Subsequent

Reinsurance Years

1. The authority citation for 7 CFR

part 400, subpart L is revised to read as

follows:

Authority: 7 U.S.C. 1506(l), 1506(p).

2. Paragraphs (b) and (c) of § 400.168

are revised to read as follows:

§ 400.168 Obligations of participating

insurance company.

* * * * *

(b) The Company shall make available

to all eligible producers in the areas

designated in its plan of operations as

approved by the Corporation:

(1) The crop insurance plans for the

crops designated in its plan of operation

in those counties within a State, or a

portion of a State, where the Secretary

of Agriculture has determined that

insurance is available through local

offices of the United States Department

of Agriculture; and

(2) Catastrophic risk protection,

limited, and additional coverage plans

of insurance for all crops, for which

such insurance is made available by the

Corporation, in all counties within a

state, or a portion of State, where the

Secretary of Agriculture has determined

that insurance is no longer available

through local offices of the United

States Department of Agriculture.

(c) The Company shall provide the

Corporation, on forms approved by the

Corporation all information that the

Corporation may deem relevant in the

administration of the Agreement,

including a list of all applicants

determined to be ineligible for crop

insurance coverage in accordance with

subpart U of part 400 and all insured

producers cancelled or terminated from

insurance, along with the reason for

such action, the crop program, and the

amount of coverage for each.

* * * * *

Signed in Washington, D.C., on June 26,

1996.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 96–16794 Filed 6–27–96; 12:36 pm]

BILLING CODE 3410–FA–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–268–AD; Amendment

39–9685; AD 96–14–03]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–8–301, –311, and –315

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain de Havilland

Model DHC–8–301,—311, and—315

series airplanes, that currently requires

modification of the airspeed limitations

placard and revision of the Airplane

Flight Manual to specify operating at

lower airspeeds when the airplane is

operating at full flaps. That action also

provides for the optional termination of

the requirements of the AD for certain

airplanes. That action was prompted by

a report that incorrect rivets were

installed on the outboard flaps

assemblies of these airplanes. The

actions specified by that AD are

intended to prevent structural failure of

the outboard flaps of the wings due to

the installation of incorrect rivets in the

flap assemblies, which could result in

reduced controllability of the airplane.

This new amendment requires the

installation of the previously optional

terminating modification on certain

airplanes.

DATES: Effective August 6, 1996.

The incorporation by reference of de

Havilland Service Bulletin S.B. 8–57–

24, Revision ‘A’, dated September 26,

1995; and DHC–8 Model 301 Flight

Manual, PSM 1–83–1A, Flight Manual

Revision 57, dated September 26, 1995;

as listed in the regulations, was

approved previously by the Director of

the Federal Register as of February 27,

1996 (61 FR 5277, February 12, 1996).

ADDRESSES: Service information

referenced in this amendment may be

obtained from Bombardier, Inc.,

Bombardier Regional Aircraft Division,

Garratt Boulevard, Downsview, Ontario

M3K 1Y5, Canada. Copies may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, New York Aircraft

Certification Office, Engine and

Propeller Directorate, 10 Fifth Street,

Third Floor, Valley Stream, New York;

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Franco Pieri, Aerospace Engineer,

Airframe Branch, ANE–171, FAA, New

York Aircraft Certification Office,

Engine and Propeller Directorate, 10

Fifth Street, Third Floor, Valley Stream,

New York 11581; telephone (516) 256–

7526; fax (516) 568–2716.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 95–26–17,

amendment 39–9475 (61 FR 5277,

February 12, 1996), which is applicable

to certain de Havilland Model DHC–8–
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34369

301,–311, and–315 series airplanes, was

published in the Federal Register on

April 23, 1996 (61 FR 17855).

For Model DHC–8–301 series

airplanes, the action proposed to

continue to require modification of the

airspeed limitations placard and

revision of the airplane flight manual

(AFM) to specify operating at lower

airspeeds when the airplane is operating

at full flaps.

For Model DHC–8–311 and–315 series

airplanes, the action proposed to require

that the previously optional terminating

modification (Modification 8/2066) be

installed within two years. Once that

modification is installed, the currentlyrequired airspeed limitations placard

and AFM revision may be removed.

Additionally, the action proposed to

require that Modification 8/2066 be

installed on certain outboard flap

assemblies prior to their installation on

these airplanes.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 18 de

Havilland Model DHC–8–301,–311,

and–315 series airplanes of U.S. registry

that will be affected by this proposed

AD.

The actions that are currently

required by AD 95–26–17 (modification

of the airspeed limitations placard and

revision of the Airplane Flight Manual)

affect all 18 U.S.-registered airplanes.

Those actions take approximately .5

work hour per airplane to accomplish,

at an average labor rate of $60 per work

hour. The cost of required parts is

negligible. Based on these figures, the

cost impact on U.S. operators of the

actions currently required is estimated

to be $540, or $30 per airplane.

The new actions that are required by

this new AD (installation of the

terminating modification) will affect 14

U.S.-registered Model DHC–8–311 and–

315 series airplanes. The required

actions will take approximately 60 work

hours per airplane to accomplish, at an

average labor rate of $60 per work hour.

Required parts will be provided by the

manufacturer at no cost to operators.

Based on these figures, the cost impact

on U.S. operators of the new

requirements of this AD is estimated to

be $50,400, or $3,600 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

Regulatory Impact

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.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–9475 (61 FR

5277, February 12, 1996), and by adding

a new airworthiness directive (AD),

amendment 39–9685, to read as follows:

96–14–03 de Havilland, Inc.: Amendment

39–9685. Docket 95–NM–268–AD.

Supersedes AD 95–26–17, Amendment

39–9475.

Applicability: Model DHC–8–301, –311,

and –315 series airplanes; as listed in de

Havilland Service Bulletin S.B. 8–57–24,

Revision ‘A’, dated September 26, 1995;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise 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 (f) 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 the unsafe condition has not been

eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent structural failure of the

outboard flaps of the wings due to the

installation of incorrect rivets in the flap

assemblies, which could result in reduced

controllability of the airplane, accomplish

the following:

(a) Within 30 days after February 27, 1996

(the effective date of AD 95–26–17,

amendment 39–9475), accomplish the

modification of the airspeed limitation

placards (Modification 8/2498) in accordance

with de Havilland Service Bulletin S.B. 8–

57–24, Revision ‘A’, dated September 26,

1995.

(b) Prior to further flight following

accomplishment of the modification required

by paragraph (a) of this AD, revise the

Limitations Section of the FAA-approved

Airplane Flight Manual (AFM) by

accomplishing either paragraph (b)(1) or

(b)(2) of this AD, as applicable; and operate

the airplane in accordance with those

limitations.

(1) For Model DHC–8–301 series airplanes:

Include the information specified in DHC–8

Model 301 Flight Manual, PSM 1–83–1A,

Flight Manual Revision 57, dated September

26, 1995, which specifies a lower airspeed

limitation at full flaps. This may be

accomplished by inserting a copy of Flight

Manual Revision 57 into the AFM.

(2) For Model DHC–8–311 and –315 series

airplanes: Include the following statement in

section 2, paragraph 2.4.1.2., of the AFM.

This may be accomplished by inserting a

copy of this AD in the AFM.

‘‘Flap extended speed (VFE): Flaps 35

degrees 130 knots IAS’’

(c) For Model DHC–8–311 and –315 series

airplanes: Within 2 years after the effective

date of this AD, install Modification 8/2066

in accordance with de Havilland Service

Bulletin S.B. 8–57–24, Revision ‘A’, dated

September 26, 1995. Such installation

constitutes terminating action for the
34370 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

requirements of paragraphs (a) and (b) of this

AD. Following accomplishment of

Modification 8/2066, the airspeed limitations

placard (Modification 8/2498) required by

paragraph (a) of this AD and the AFM

limitation required by paragraph (b) of this

AD may be removed.

(d) Except as required by paragraph (e) of

this AD: As of February 27, 1996 (the

effective date of AD 95–26–17, amendment

39–9475), Modification 8/2498 must be

accomplished in accordance with de

Havilland Service Bulletin S.B. 8–57–24,

Revision ‘A’, dated September 26, 1995, prior

to installation of any outboard flap assembly

having a part number and serial number that

is listed in de Havilland Service Bulletin S.B.

8–57–24, Revision ‘A’, dated September 26,

1995.

(e) For Model DHC–8–311 and –315 series

airplanes: As of two years after the effective

date of this AD, prior to the installation of

any outboard flap assembly having a part

number and serial number that is listed in de

Havilland Service Bulletin S.B. 8–57–24,

Revision ‘A’, dated September 26, 1995,

install Modification 8/2066 on the affected

flap assembly in accordance with that service

bulletin. Installation of this modification

terminates the requirements specified in

paragraphs (a), (b), and (d) of this AD.

(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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(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.

(h) The modifications shall be done in

accordance with de Havilland Service

Bulletin S.B. 8–57–24, Revision ‘A’, dated

September 26, 1995. The AFM revision may

be done in accordance with DHC–8 Model

301 Flight Manual, PSM 1–83–1A, Flight

Manual Revision 57, dated September 26,

1995. The incorporation by reference of these

two documents was approved previously by

the Director of the Federal Register, in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51, as of February 27, 1996 (61 FR 5277,

February 12, 1996). Copies may be obtained

from Bombardier, Inc., Bombardier Regional

Aircraft Division, Garratt Boulevard,

Downsview, Ontario M3K 1Y5, Canada.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, New York Aircraft Certification Office,

Engine and Propeller Directorate, 10 Fifth

Street, Third Floor, Valley Stream, New York;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(i) This amendment becomes effective on

August 6, 1996.

Issued in Renton, Washington, on June 26,

1996.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–16807 Filed 7–1–96; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 177

[Docket No. 93F–0167]

Indirect Food Additives: Polymers

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of Nylon 46 resins, which

are manufactured by the condensation

of 1,4-butanediamine and adipic acid, in

membrane filters intended to contact

beverages containing not more than 13

percent alcohol. This action responds to

a petition filed by DSM Engineering

Plastics.

DATES: Effective July 2, 1996; written

objections and requests for a hearing by

August 1, 1996.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Julius Smith, Center for Food Safety and

Applied Nutrition (HFS–216), Food and

Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3091.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

June 17, 1993 (58 FR 33447), FDA

announced that a petition (FAP 3B4374)

had been filed by DSM Engineering

Plastics, 501 Crescent Ave., Reading, PA

19512–5051 (currently c/o Keller and

Heckman, 1001 G St. NW., suite 500

West, Washington, DC 20001). The

petitioner proposed to amend the food

additive regulations in § 177.1500 Nylon

resins (21 CFR 177.1500) to provide for

the safe use of Nylon 46 resins, which

are manufactured by the condensation

of 1,4-butanediamine and adipic acid, in

membrane filters intended to contact

alcoholic beverages.

FDA has evaluated the data in the

petition and other relevant material. The

agency concludes that the proposed use

of the additive is safe and that

§ 177.1500 should therefore be amended

as set forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday.

Any person who will be adversely

affected by this regulation may at any

time on or before August 1, 1996, file

with the Dockets Management Branch

(address above) written objections

thereto. Each objection shall be

separately numbered, and each

numbered objection shall specify with

particularity the provisions of the

regulation to which objection is made

and the grounds for the objection. Each

numbered objection on which a hearing

is requested shall specifically so state.

Failure to request a hearing for any

particular objection shall constitute a

waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

shall be submitted and shall be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 177

Food additives, Food packaging.