This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

25

Vol. 67, No. 1

Wednesday, January 2, 2002

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

7 CFR Part 800 

[Docket No. FGIS–2001–003a] 

RIN 0580–AA79 

Fees for Official Inspection and Official 

Weighing Services

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA.

ACTION: Proposed rule.

SUMMARY: The Federal Grain Inspection 

Service (FGIS) of the Grain Inspection, 

Packers and Stockyards Administration 

(GIPSA) is proposing to increase certain 

fees by approximately 4.6 percent; i.e., 

contract and noncontract hourly rates, 

certain unit rates, and the 

administrative tonnage fee increases. 

These fees apply only to official 

inspection and weighing services 

performed in the United States under 

the United States Grain Standards Act 

(USGSA), as amended. These increases 

are needed to cover increased 

operational costs resulting from the 

approximate 4.6 percent anticipated 

January 2002 Federal pay increase. 

GIPSA anticipates the increase in the 

user fees will generate approximately 

$703,000 in additional revenue.

DATES: February 1, 2002.

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Written 

comments must be submitted to Tess 

Butler, GIPSA, USDA, 1400 

Independence Avenue, SW, Room 

1647–S, Washington, DC 20250–3604, 

or faxed to (202) 690–2755. Comments 

may also be sent by e-mail to: 

comments@gipsadc,gov. Please state 

that your comments refer to Docket No. 

FGIS 2001–003a. Comments will be 

available for public inspection in the 

above office during regular business 

hours (7 CFR 1.27 (b)).

FOR FURTHER INFORMATION CONTACT:

David Orr, Director, Field Management 

Division, at his e-mail address: 

Dorr@gipsadc.usda.gov, or telephone 

him at (202) 720–0228.

SUPPLEMENTARY INFORMATION: Executive 

Order 12866, Regulatory Flexibility Act, 

and the Paperwork Reduction Act 

This rule has been determined to be 

nonsignificant for the purpose of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

Also, pursuant to the requirements set 

forth in the Regulatory Flexibility Act, 

it has been determined that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities as defined in 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.). 

GIPSA regularly reviews its user-feefinanced programs to determine if the 

fees are adequate. GIPSA has and will 

continue to seek out cost saving 

opportunities and implement 

appropriate changes to reduce costs. 

Such actions can provide alternatives to 

fee increases. However, even with these 

efforts, GIPSA’s existing fee schedule 

will not generate sufficient revenues to 

cover program costs while maintaining 

an adequate reserve balance. Retained 

earnings balances are adjusted to reflect 

prior year revenue and obligations 

realized in the year reported. In FY 

1999, GIPSA’s operating costs were 

$23,176,643 with revenue of 

$22,971,204, resulting in a negative 

margin of $205,440. In FY 2000, 

GIPSA’s operating costs were 

$24,146,428 with revenue of 

$23,150,188 that resulted in a negative 

margin of $996,240 and a negative 

reserve balance of $938,147. Using the 

most recent data available, GIPSA’s FY 

2001 operating costs were $25,670,126 

with revenue of $23,977,240 that 

resulted in a negative margin of 

$1,692,886. The current reserve negative 

balance of $2,572,080 is well below the 

desired 3-month reserve of 

approximately $6 million. 

Employee salaries and benefits are 

major program costs that account for 

approximately 84 percent of GIPSA’s 

total operating budget. The anticipated 

general and locality salary increase that 

averages 4.6 percent for GIPSA 

employees, effective January 2002, will 

increase GIPSA’s costs by 

approximately $703,000. 

GIPSA has reviewed the financial 

position of the inspection and weighing 

program based on the anticipated 

increased salary and benefit costs along 

with the projected FY 2002 workload of 

77 million metric tons. Based on the 

review, GIPSA has concluded that an 

approximate 4.6 percent increase will 

have to be recovered through increases 

in fees. 

The proposed fee increase primarily 

applies to entities engaged in the export 

of grain. Under the provisions of the 

USGSA, grain exported from the United 

States must be officially inspected and 

weighed. Mandatory inspection and 

weighing services are provided by 

GIPSA on a fee basis at 32 export 

facilities. All of these facilities are 

owned and managed by multi-national 

corporations, large cooperatives, or 

public entities that do not meet the 

criteria for small entities established by 

the Small Business Administration. 

Some entities that request 

nonmandatory official inspection and 

weighing services at other than export 

locations could be considered small 

entities. The impact on these small 

businesses is similar to any other 

business; that is, an average 4.6 percent 

increase in the cost of official inspection 

and weighing services. This proposed 

increase should not significantly affect 

any business requesting official 

inspection and weighing services. 

Furthermore, any of these small 

businesses that wish to avoid the fee 

increase may elect to do so by using an 

alternative source for inspection and 

weighing services. Such a decision 

should not prevent the business from 

marketing its products. 

There would be no additional 

reporting or recordkeeping requirements 

imposed by this action. In compliance 

with the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35), the 

information collection and 

recordkeeping requirements in Part 800 

have been previously approved by the 

Office of Management and Budget under 

control number 0580–0013. GIPSA has 

not identified any other Federal rules 

which may duplicate, overlap, or 

conflict with this proposed rule. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This action is not 

intended to have a retroactive effect. 

The USGSA provides in § 87g that no 

subdivision may require or impose any 

requirements or restrictions concerning 

26 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 

the inspection, weighing, or description 

of grain under the Act. Otherwise, this 

proposed rule will not preempt any 

State or local laws, regulations, or 

policies unless they present 

irreconcilable conflict with this 

proposed rule. There are no 

administrative procedures that must be 

exhausted prior to any judicial 

challenge to the provisions of this 

proposed rule. 

Proposed Action 

The USGSA (7 U.S.C. 71 et seq.) 

authorizes GIPSA to provide official 

grain inspection and weighing services 

and to charge and collect reasonable 

fees for performing these services. The 

fees collected are to cover, as nearly as 

practicable, GIPSA’s costs for 

performing these services, including 

related administrative and supervisory 

costs. The current USGSA fees were 

published in the Federal Register on 

July 9, 2001 (66 FR 35751), and became 

effective on August 8, 2001. 

GIPSA regularly reviews its user-feefinanced programs to determine if the 

fees are adequate. GIPSA has and will 

continue to seek out cost saving 

opportunities and implement 

appropriate changes to reduce costs. 

Such actions can provide alternatives to 

fee increases. However, even with these 

efforts, GIPSA’s existing fee schedule 

will not generate sufficient revenues to 

cover program costs while maintaining 

an adequate reserve balance. Retained 

earnings balances are adjusted to reflect 

prior year revenue and obligations 

realized in the year reported. In FY 

1999, GIPSA’s operating costs were 

$23,176,643 with revenue of 

$22,971,204, resulting in a negative 

margin of $205,440. In FY 2000, 

GIPSA’s operating costs were 

$24,146,428 with revenue of 

$23,150,188 that resulted in a negative 

margin of $996,240 and a negative 

reserve balance of $938,147. Using the 

most recent data available, GIPSA’s FY 

2001 operating costs were $25,670,126 

with revenue of $23,977,240 that 

resulted in a negative margin of 

$1,692,886. The current reserve negative 

balance of $2,572,080 is well below the 

desired 3-month reserve of 

approximately $6 million. Employee 

salaries and benefits are major program 

costs that account for approximately 84 

percent of GIPSA’s total operating 

budget. The salary increase that GIPSA 

anticipates becoming effective in 

January 2002 averages 4.6 percent for 

GIPSA employees. Overall, program 

costs are estimated to increase by 

approximately $703,000. GIPSA has 

reviewed the financial position of the 

inspection and weighing program based 

on the anticipated increased salary and 

benefit costs, along with the projected 

FY 2002 workload of 77 million metric 

tons. Based on the review, GIPSA has 

concluded that an approximate 4.6 

percent increase will have to be 

recovered through increases in fees. 

The current hourly fees are:

Monday to 

Friday

(6 a.m. to 6 

p.m.) 

Monday to 

Friday

(6 p.m. to 6 

a.m.) 

Saturday, Sunday, and 

overtime 

Holidays 

1-year contract ......................................................................................... $27.40 $29.80 $38.60 $46.40 

6-month contract ...................................................................................... 30.20 32.00 41.00 53.00 

3-month contract ...................................................................................... 34.40 35.60 44.60 55.40 

Noncontract .............................................................................................. 40.00 42.00 51.00 62.60 

GIPSA has also identified certain unit 

fees, for services not performed at an 

applicant’s facility, that contain direct 

labor costs and would require a fee 

increase. Further, GIPSA has identified 

those costs associated with salaries and 

benefits that are covered by the 

administrative metric tonnage fee. The 

anticipated 4.6 percent cost-of-living 

increase to salaries and benefits covered 

by the administrative tonnage fee results 

in an overall increase of an average of 

4.6 percent to the administrative 

tonnage fee. Accordingly, GIPSA is 

proposing an approximate 4.6 percent 

increase to certain hourly rates, certain 

unit rates, and the administrative 

tonnage fee in 7 CFR 800.71, Table 1-

Fees for Official Services Performed at 

an Applicant’s Facility in an Onsite 

FGIS Laboratory; Table 2-Services 

Performed at Other Than an Applicant’s 

Facility in an FGIS Laboratory; and 

Table 3, Miscellaneous Services. 

This proposed rule provides a 30-day 

period for interested persons to 

comment. This comment period is 

deemed appropriate because grain 

export volume and associated requests 

for official services for such grain are 

projected to further decrease in the 

coming months due to seasonal and 

other adjustments. Accordingly, given 

the current level of the operating 

reserve, it would be necessary to 

implement any fee increase that may 

result from this rulemaking as soon as 

possible.

List of Subjects in 7 CFR Part 800 

Administrative practice and 

procedure, Grain.

For the reasons set out in the 

preamble, 7 CFR part 800 is proposed to 

be amended as follows:

PART 800—GENERAL REGULATIONS 

1. The authority citation for part 800 

continues to read as follows:

Authority: Pub. L. 94–582, 90 Stat. 2867, 

as amended (7 U.S.C. 71 et seq.)

2. Section 800.71 is amended by 

revising Schedule A in paragraph (a) to 

read as follows:

§ 800.71 Fees assessed by the Service. 

(a) * * * 

Schedule A.—Fees for Official 

Inspection and Weighing Services 

Performed in the United States

TABLE 1.—FEES FOR OFFICIAL SERVICES PERFORMED AT AN APPLICANT’S FACILITY IN AN ONSITE FGIS LABORATORY 1

Monday to Friday

(6 a.m. to 6 p.m.) 

Monday to Friday

(6 p.m. to 6 a.m.) 

Saturday, Sunday, and 

overtime 2

Holidays 

(1) Inspection and Weighing Services Hourly Rates (per service representative) 

1-year contract ............................................................................. $28.60 $31.20 $40.40 $48.60 

6-month contract .......................................................................... 31.60 33.40 42.80 56.00 

3-month contract .......................................................................... 36.00 37.20 46.60 58.00 

Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 27

TABLE 1.—FEES FOR OFFICIAL SERVICES PERFORMED AT AN APPLICANT’S FACILITY IN AN ONSITE FGIS LABORATORY 1—

Continued

Monday to Friday

(6 a.m. to 6 p.m.) 

Monday to Friday

(6 p.m. to 6 a.m.) 

Saturday, Sunday, and 

overtime 2

Holidays 

Noncontract .................................................................................. 41.80 44.00 53.40 65.40 

(2) Additional Tests (cost per test, assessed in addition to the 

hourly rate) 3

(i) Aflatoxin (other than Thin Layer Chromatography) ......... $8.50 

(ii) Aflatoxin (Thin Layer Chromatography method) ............. 20.00 

(iii) Corn oil, protein, and starch (one or any combination) 1.50 

(iv) Soybean protein and oil (one or both) ........................... 1.50 

(v) Wheat protein (per test) .................................................. 1.50 

(vi) Sunflower oil (per test) ................................................... 1.50 

(vii) Vomitoxin (qualitative) ................................................... 12.50 

(viii) Vomitoxin (quantitative) ................................................ 18.50 

(ix) Waxy corn (per test) ....................................................... 1.50 

(x) Fees for other tests not listed above will be based on 

the lowest noncontract hourly rate. 

(xi) Other services 

(a) Class Y Weighing (per carrier) 

(1) Truck/container ................................................. .30 

(2) Railcar ............................................................... 1.25 

(3) Barge ................................................................ 2.50 

(3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and 

weighing services are performed on the same carrier) 

(i) All outbound carriers (per-metric-ton) 4

(a) 1–1,000,000 ............................................................. $0.1152 

(b) 1,000,001–1,500,000 ............................................... 0.1051 

(c) 1,500,001–2,000,000 ............................................... 0.0568 

(d) 2,000,001–5,000,000 ............................................... 0.0420 

(e) 5,000,001–7,000,000 ............................................... 0.0230 

(f) 7,000,001 + ............................................................... 0.0105 

1Fees apply to original inspection and weighing, reinspection, and appeal inspection service and include, but are not limited to, sampling, 

grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee’s assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72 (a). 2Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service 

beyond 8 hours, or if requests for additional shifts exceed existing staffing. 3Appeal and reinspection services will be assessed the same fee as the original inspection service. 

4The administrative fee is assessed on an accumulated basis beginning at the start of the Service’s fiscal year (October 1 each year). 

TABLE 2.—SERVICES PERFORMED AT OTHER THAN AN APPLICANT’S FACILITY IN AN FGIS LABORATORY 1 2

(1) Original Inspection and Weighing (Class X) Services 

(i) Sampling only (use hourly rates from Table 1) 

(ii) Stationary lots (sampling, grade/factor, & checkloading) 

(a) Truck/trailer/container (per carrier) ................................................................................................................................ $19.25 

(b) Railcar (per carrier) ........................................................................................................................................................ 28.90 

(c) Barge (per carrier) ......................................................................................................................................................... 185.00 

(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT) ................ 0.02 

(iii) Lots sampled online during loading (sampling charge under (i) above, plus): 

(a) Truck/trailer container (per carrier) ................................................................................................................................ 9.95 

(b) Railcar (per carrier) ........................................................................................................................................................ 19.25 

(c) Barge (per carrier) ......................................................................................................................................................... 110.00 

(d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT) ................ 0.02 

(iv) Other services 

(a) Submitted sample (per sample—grade and factor) ...................................................................................................... 11.50 

(b) Warehouseman inspection (per sample) ....................................................................................................................... 19.50 

(c) Factor only (per factor—maximum 2 factors) ................................................................................................................ 5.15 

(d) Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight 

if not previously assessed) (CWT) .................................................................................................................................. 0.02 

(e) Reinspection (grade and factor only. Sampling service additional, item (i) above) ..................................................... 12.80 

(f) Class X Weighing (per hour per service representative) ............................................................................................... 55.00 

(v) Additional tests (excludes sampling) 

(a) Aflatoxin (per test—other than TLC method) ................................................................................................................ 29.00 

(b) Aflatoxin (per test—TLC method) .................................................................................................................................. 110.00 

(c) Corn oil, protein, and starch (one or any combination) ................................................................................................. 8.80 

(d) Soybean protein and oil (one or both) .......................................................................................................................... 8.80 

(e) Wheat protein (per test) ................................................................................................................................................. 8.80 

(f) Sunflower oil (per test) ................................................................................................................................................... 8.80 

(g) Vomitoxin (qualitative) ................................................................................................................................................... 30.50 

(h) Vomitoxin (quantitative) ................................................................................................................................................. 37.50 

(i) Waxy corn (per test) ....................................................................................................................................................... 10.00 

28 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 

TABLE 2.—SERVICES PERFORMED AT OTHER THAN AN APPLICANT’S FACILITY IN AN FGIS LABORATORY 1 2—Continued

(j) Canola (per test—00 dip test) ........................................................................................................................................ 10.00 

(k) Pesticide Residue Testing 3

(1) Routine Compounds (per sample) ......................................................................................................................... 210.00 

(2) Special Compounds (per service representative) .................................................................................................. 110.00 

(l) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1. 

(2) Appeal inspection and review of weighing service.4

(i) Board Appeals and Appeals (grade and factor) .................................................................................................................... 79.50 

(a) Factor only (per factor—max 2 factors) ........................................................................................................................ 41.80 

(b) Sampling service for Appeals additional (hourly rates from Table 1) 

(ii) Additional tests (assessed in addition to all other applicable fees) 

(a) Aflatoxin (per test, other than TLC) ............................................................................................................................... 29.50 

(b) Aflatoxin (TLC) ............................................................................................................................................................... 118.00 

(c) Corn oil, protein, and starch (one or any combination) ................................................................................................. 16.80 

(d) Soybean protein and oil (one or both) .......................................................................................................................... 16.80 

(e) Wheat protein (per test) ................................................................................................................................................. 16.80 

(f) Sunflower oil (per test) ................................................................................................................................................... 16.80 

(g) Vomitoxin (per test—qualitative) .................................................................................................................................... 40.00 

(h) Vomitoxin (per test—quantitative) ................................................................................................................................. 45.00 

(i) Vomitoxin (per test—HPLC Board Appeal) .................................................................................................................... 136.00 

(j) Pesticide Residue Testing 3

(1) Routine Compounds (per sample) ......................................................................................................................... 210.00 

(2) Special Compounds (per service representative) .................................................................................................. 110.00 

(k) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1 

(iii) Review of weighing (per hour per service representative) .................................................................................................. 79.20 

(3) Stowage examination (service-on-request) 3

(i) Ship (per stowage space) (Minimum $255.00 per ship) ....................................................................................................... 51.00 

(ii) Subsequent ship examinations (same as original) (Minimum $153.00 per ship) 

(iii) Barge (per examination) ....................................................................................................................................................... 41.00 

(iv) All other carriers (per examination) ...................................................................................................................................... 16.00 

1Fees apply to original inspection and weighing, reinspection, and appeal inspection service and include, but are not limited to, sampling, 

grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee’s assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a). 2An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in § 800.72(b). 3 If performed outside of normal business, 11⁄2 times the applicable unit fee will be charged. 4 If, at the request of the Service, a file sample is located and forwarded by the Agency for an official agency, the Agency may, upon request, 

be reimbursed at the rate of $2.50 per sample by the Service. 

TABLE 3.—MISCELLANEOUS SERVICES1

(1) Grain grading seminars (per hour per service representative) 2 ................................................................................................. $55.00 

(2) Certification of diverter-type mechanical samplers (per hour per service representative) 2 ....................................................... 55.00 

(3) Special weighing services (per hour per service representative) 2

(i) Scale testing and certification ................................................................................................................................................ 55.00 

(ii) Evaluation of weighing and material handling systems ........................................................................................................ 55.00 

(iii) NTEP Prototype evaluation (other than Railroad Track Scales) ......................................................................................... 55.00 

(iv) NTEP Prototype evaluation of Railroad Track Scales ......................................................................................................... 55.00 

110.00 

(plus usage 

fee per day for 

test car) 

(v) Mass standards calibration and reverification ...................................................................................................................... 55.00 

(vi) Special projects .................................................................................................................................................................... 55.00 

(4) Foreign travel (per day per service representative) .................................................................................................................... 490.00 

(5) Online customized data EGIS service 

(i) One data file per week for 1 year .......................................................................................................................................... 500.00 

(ii) One data file per month for 1 year ....................................................................................................................................... 300.00 

(6) Samples provided to interested parties (per sample) .................................................................................................................. 2.60 

(7) Divided-lot certificates (per certificate) ......................................................................................................................................... 1.50 

(8) Extra copies of certificates (per certificate) ................................................................................................................................. 1.50 

(9) Faxing (per page) ......................................................................................................................................................................... 1.50 

(10) Special mailing (actual cost) 

(11) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1) 

1Any requested service that is not listed will be performed at $55.00 per hour. 

2 Regular business hours-Monday through Friday-service provided at other than regular hours charged at the applicable overtime hourly rate. 

Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Proposed Rules 29

Dated: December 26, 2001. 

John Pitchford, 

Acting Administrator, Grain Inspection, 

Packers and Stockyards Administration.

[FR Doc. 01–32154 Filed 12–31–01; 8:45 am] 

BILLING CODE 3410–EN–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–CE–07–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pilatus 

Aircraft Ltd. Models PC–12 and PC–12/

45 Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes to 

adopt a new airworthiness directive 

(AD) that would apply to certain Pilatus 

Aircraft Ltd. Models PC–12 and PC–12/

45 airplanes. This proposed AD would 

require you to replace the metered 

connector and oxygen tubing and 

related components in the rear seat 

bench. This proposed AD is the result 

of mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for Switzerland. 

The actions specified by this proposed 

AD are intended to correct for 

insufficient oxygen quantity available to 

occupants of the rear seat bench in some 

emergency conditions, which could 

result in reduced occupant safety at the 

rear bench seat location.

DATES: The Federal Aviation 

Administration (FAA) must receive any 

comments on this proposed rule on or 

before February 19, 2002.

ADDRESSES: Submit comments to FAA, 

Central Region, Office of the Regional 

Counsel, Attention: Rules Docket No. 

2001–CE–07–AD, 901 Locust, Room 

506, Kansas City, Missouri 64106. You 

may view any comments at this location 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

You may get service information that 

applies to this proposed AD from 

Pilatus Aircraft Ltd., Customer Liaison 

Manager, CH–6371 Stans, Switzerland; 

telephone: +41 41 619 63 19; facsimile: 

+41 41 619 6224; or from Pilatus 

Business Aircraft Ltd., Product Support 

Department, 11755 Airport Way, 

Broomfield, Colorado 80021; telephone: 

(303) 465–9099; facsimile: (303) 465–

6040. You may also view this 

information at the Rules Docket at the 

address above.

FOR FURTHER INFORMATION CONTACT:

Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4059; facsimile: (816) 329–4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

How do I comment on this proposed 

AD? The FAA invites comments on this 

proposed rule. You may submit 

whatever written data, views, or 

arguments you choose. You need to 

include the rule’s docket number and 

submit your comments to the address 

specified under the caption ADDRESSES.

We will consider all comments received 

on or before the closing date. We may 

amend this proposed rule in light of 

comments received. Factual information 

that supports your ideas and suggestions 

is extremely helpful in evaluating the 

effectiveness of this proposed AD action 

and determining whether we need to 

take additional rulemaking action. 

Are there any specific portions of this 

proposed AD I should pay attention to?

The FAA specifically invites comments 

on the overall regulatory, economic, 

environmental, and energy aspects of 

this proposed rule that might suggest a 

need to modify the rule. You may view 

all comments we receive before and 

after the closing date of the rule in the 

Rules Docket. We will file a report in 

the Rules Docket that summarizes each 

contact we have with the public that 

concerns the substantive parts of this 

proposed AD. 

How can I be sure FAA receives my 

comment? If you want FAA to 

acknowledge the receipt of your 

comments, you must include a selfaddressed, stamped postcard. On the 

postcard, write ‘‘Comments to Docket 

No. 2001–CE–07–AD.’’ We will date 

stamp and mail the postcard back to 

you. 

Discussion 

What events have caused this 

proposed AD? The Federal Office for 

Civil Aviation (FOCA), which is the 

airworthiness authority for Switzerland, 

recently notified FAA that an unsafe 

condition may exist on certain Pilatus 

Models PC–12 and PC–12/45 airplanes. 

The FOCA reports that, because of a 

design problem, the flow of oxygen to 

each occupant on the rear seat bench is 

insufficient. The current configuration 

uses two-metered connectors, which 

restricts the flow of oxygen. 

What are the consequences if the 

condition is not corrected? If not 

corrected, insufficient oxygen quantity 

available to occupants of the rear seat 

bench in some emergency conditions 

could occur which could result in 

reduced occupant safety at the rear 

bench seat location. 

Is there service information that 

applies to this subject? Pilatus has 

issued Pilatus PC–12 Service Bulletin 

No: 35–002, dated December 19, 2000. 

What are the provisions of this service 

information? The service bulletin 

includes procedures for replacing the 

two-metered connector and oxygen 

tubing with a system that incorporates 

a single-metered connector. This 

includes replacements in the following 

areas: 

—The tubing assembly—oxygen (with 

coupling); 

—Assembly—bracket and grommet; 

and 

—Clamp-hose. 

What action did the FOCA take? The 

FOCA classified this service bulletin as 

mandatory and issued Swiss AD 

Number HB 2001–001, dated December 

28, 2000, in order to ensure the 

continued airworthiness of these 

airplanes in Switzerland. 

Was this in accordance with the 

bilateral airworthiness agreement?

These airplane models are 

manufactured in Switzerland and are 

type certificated for operation in the 

United States under the provisions of 

section 21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. 

Pursuant to this bilateral 

airworthiness agreement, the FOCA has 

kept FAA informed of the situation 

described above. 

The FAA’s Determination and an 

Explanation of the Provisions of this 

Proposed AD 

What has FAA decided? The FAA has 

examined the findings of the FOCA; 

reviewed all available information, 

including the service information 

referenced above; and determined that: 

—The unsafe condition referenced in 

this document exists or could develop 

on other Pilatus Model PC–12 and PC–

12/45 airplanes of the same type design 

that are on the U.S. registry; 

—The actions specified in the 

previously-referenced service 

information should be accomplished on 

the affected airplanes; and 

—AD action should be taken in order 

to correct this unsafe condition. 

What would this proposed AD 

require? This proposed AD would 

require you to incorporate the actions in 

the previously-referenced service 

bulletin.