issue-1994-01-05•Federal Register proposed rules — 1994-01-05
Federal Register proposed rules — 1994-01-05
issue-1994-01-05Federal Register proposed rules — 1994-01-05Proposed Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 94-30 Vanity Call Sign System
[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Proposed Rules]
[Pages 558-560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30]
[[Page Unknown]]
[Federal Register: January 5, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97
[PR Docket No. 93-305; FCC 93-545]
Vanity Call Sign System
AGENCY: Federal Communications Commission.
ACTION: Proposed rules.
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SUMMARY: This action proposes to authorize the use of vanity call signs
in the amateur service. The proposed rules are necessary so that
amateur operators can request specific call signs with letters that
signify something of importance to them such as their initials or their
nicknames. This proposal would give better service to members of the
amateur community because it would allow them to choose their own calls
signs provided the call sign chosen is unassigned and within the
framework of the license class held.
DATES: Comments are due on or before March 7, 1994. Reply comments are
due on or before April 7, 1994.
FOR FURTHER INFORMATION CONTACT: Maurice J. DePont, Federal
Communications Commission, Private Radio Bureau, Washington, DC 20554,
(202) 632-4964.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, adopted December 13, 1993, and released
December 29, 1993. The complete text of this Commission action,
including the proposed rule amendments, is available for inspection and
copying during normal business hours in the FCC Reference center (room
230), 1919 M Street, NW., Washington, DC. The complete text of this
Notice of Proposed Rule Making, including the proposed rule amendments,
may also be purchased from the Commission's copy contractor,
International Transcription Services, Inc., (ITS, Inc.), 2100 M Street,
NW., suite 140, Washington, DC 20037.
Summary of Notice of Proposed Rule Making
1. The Licensing Division of the Private Radio Bureau is installing
a new automated licensing process that will give it the capability to
administer a vanity call sign system. The Commission, therefore, on its
own motion, is proposing to amend the amateur service rules to
implement a system wherein amateur station licensees can select call
signs of their own choice, provided they are not already assigned and
are within the framework of the operator license class held by the
applicant.
2. The vanity call sign system would be in addition to the current
sequential call sign system that would be continued to be used for
those applicants who do not want a vanity call sign.
3. The proposed rules would allow the licensee of an existing
primary station to request a modification of the licensee to show a
call sign selected by the licensee. This privilege would also be
extended to the license trustee of an existing club station.
4. It is also proposed to administer a club and military recreation
station sequential call sign system under our new automated licensing
process.
5. An applicant could list ten call signs on the application form
in order of preference. The first available call sign from the
applicant's list would be assigned. If none of the call signs listed
are available, the automated process would reassign the call sign that
the applicant had vacated.
6. The proposed vanity call sign system is designed to be
practicable to administer and simple for the amateur community to use.
Comments are invited on the entire proposal and specifically on the
following matters. Could other means, such as magnetic computer disks,
be used to apply directly to the Commission for a vanity call sign in
lieu of the traditional paper application form? Could some type of
access be made available to the public to check with the Commission for
call sign availability? What options are available so that the public
could apply for a license electronically and receive authorization to
begin operation by the same means?
7. In addition, commenters may wish to submit alternatives
suggesting ways that military recreation and RACES stations might be
able to be brought into a system that would afford them call signs of
choice.
8. The proposed rules are set forth at the end of this document.
9. This is a non-restricted notice and comment rule making
proceeding.
Ex parte presentations are permitted, except during the Sunshine
Agenda period, provided they are disclosed as specified in the
Commission's Rules. See generally 47 CFR 1.1202, 12.1203, and
1.1206(a).
10. In accordance with section 605(b) of the Regulatory Flexibility
Act of 1980, 5 U.S.C. 605(b), the Commission certifies that the
proposed rules would not, if promulgated, have a significant economic
impact on a substantial number of small business entities because the
amateur stations that are the subject of this proceeding would not be
authorized to transmit any communications where the station licensee or
control operator has a pecuniary interest. See Sec. 97.113(a)(3).
11. This Notice of Proposed Rule Making and the proposed rule
amendments are issued under the authority of sections 4(i) and 303(r)
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and
303(r).
12. A copy of this Notice of Proposed Rule Making will be forwarded
to the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 97
Club stations, Radio, Vanity call signs.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Proposed Rules
Part 97 of chapter I of title 47 of the Code of Federal Regulations
is proposed to be amended as follows:
PART 97--AMATEUR RADIO SERVICE
1. The authority citation for part 97 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. Secs. 154,
303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended;
47 U.S.C. 151-155, 301-609, unless otherwise noted.
2. In Sec. 97.17, paragraphs (b), (c), (f), are revised and a new
paragraph (g) is added to read as follows:
Sec. 97.17 Application for new license.
* * * * *
(b) Each application for a new amateur service license must be made
on the proper FCC form:
(1) FCC Form 610 for a new operator/primary station license;
(2) FCC Form 610-A for a reciprocal permit for alien amateur
licensee; and
(3) FCC Form 610-B for a new amateur service club or military
recreation station license.
(c) Each application for a new operator/primary station license
must be submitted to the VEs administering the qualifying examination.
* * * * *
(f) One unique call sign will be assigned to each new primary,
club, and military recreation station using the sequential call sign
system (call sign is selected sequentially by the FCC from an
alphabetized list corresponding to the geographic region of the
licensee's mailing address and class of operator license.) The FCC will
issue public announcements detailing the procedures of the sequential
call sign system.
(g) Each application for a new club or military recreation station
license must be submitted to the FCC, 1270 Fairfield Road, Gettysburg,
PA 17325-7245. No new license for a RACES station will be issued.
3. Section 97.19 is revised to read as follows:
Sec. 97.19 Application for a vanity call sign.
(a) A person holding an operator/primary or club station license
may request a modification of the license to show a call sign assigned
under the vanity call sign system (licensee selects the call sign.)
(b) Each request for a modification of an operator/primary or club
station license to show a new call sign assigned under the vanity call
sign system must be made on FCC Form 610-V. The form must be submitted
with the proper fee to the address specified in the Private Radio
Services Fee Filing Guide.
(c) Each request for a renewal of an operator/primary or club
station license retaining a call sign assigned under the vanity call
sign system must be made on FCC Form 610-V. The form must be submitted
with the proper fee to the address specified in the Private Radio
Services Fee Filing Guide. To renew the license without retaining a
vanity call sign, the applicant must use FCC Form 610 as specified in
Sec. 97.21.
(d) The following persons are eligible to apply for a new vanity
call sign:
(1) The holder of a valid operator/primary station license; and
(2) The license trustee holding a club station license.
(e) RACES and military recreation stations are not eligible for a
vanity call sign.
(f) Only unassigned call signs are available to the vanity call
sign system.
(1) A call sign that was previously assigned to a station whose
license has lapsed is not available to the vanity call sign system for
2 years following expiration of the license.
(2) A call sign assigned to a station of a deceased licensee is not
available to the vanity call sign system for 2 years following the
licensee's death, or for 2 years following the expiration of the
license, whichever is sooner.
(3) A call sign that is vacated by the licensee is available
immediately to the vanity call sign system.
(g) Each vanity call sign requested must be selected from the
groups of call signs designated under the sequential call sign system
for the class of operator license held by the applicant or for a lower
class.
(1) The applicant must request that the call sign held be cancelled
and provide a list of up to 10 call signs in order of preference. The
list will automatically end with the call sign vacated as the eleventh
choice.
(2) The first available call sign from the applicant's list will be
assigned. When none of those call signs are available, the call sign
vacated by the applicant will be reassigned.
(3) Vanity call signs will be assigned from those call signs
available at the time the application is processed by the FCC.
(4) The FCC will issue public announcements detailing the
procedures of the vanity call sign system.
4. Current Secs. 97.21, 97.23, 97.25 and 97.27 are redesignated as
Secs. 97.23, 97.25, 97.27 and 97.29, respectively.
5. Section 97.21 is added to read as follows:
Sec. 97.21 Application for renewal, reinstatement, or modification of
a license.
(a) Each application for renewal, reinstatement, or modification of
an amateur service license must be made on the proper FCC form(s):
(1) FCC Form 610 to request renewal or reinstatement of an
operator/primary station license. The form must be submitted to the
FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. When the applicant
desires to retain a call sign that was assigned under the vanity call
sign system, FCC Form 610-V must be used as specified in Sec. 97.19.
(2) FCC Form 610 to request modification of an operator license
showing a change in operator class. The form must be submitted to the
VEs administering the qualifying examination. A request for a vanity
call sign may not be filed with the administering VEs. When the
applicant desires to retain a call sign that was assigned under the
vanity call sign system, the license will bear the original expiration
date.
(3) FCC Form 610 to request modification of an operator/primary
station license showing a change of mailing address, change of name, or
change of call sign to be assigned under the sequential call sign
system. The form must be submitted to the FCC, 1270 Fairfield Road,
Gettysburg, PA 17325-7245. When the applicant desires to retain a call
sign that was assigned under the vanity call sign system, the license
will bear the original expiration date.
(4) FCC Form 610-B to request renewal of a club, military
recreation, or RACES station license. The form must be submitted to the
FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. If the station has
a call sign that was assigned under vanity call sign system, FCC Form
610-V must be used as specified in Sec. 97.19.
(5) FCC Form 610-B to request modification of a club, military
recreation, or RACES station license showing a change of mailing
address, change of license trustee or custodian, or change of call sign
to be assigned under the sequential call sign system. The form must be
submitted to the FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
When the applicant desires to retain a call sign that was assigned
under the vanity call sign system, the license will bear the original
expiration date.
(6) A reciprocal permit for alien amateur licensee is not
renewable. A new reciprocal permit may be issued upon proper
application.
(b) Each application for renewal, reinstatement, or modification of
an amateur service license must be accompanied by a photocopy of the
license document or the original document, unless it has been lost,
mutilated, or destroyed.
(c) When the licensee has submitted a timely application for
renewal of an unexpired license (between 60 and 90 days prior to the
end of the license term is recommended), the licensee may continue to
operate until the disposition of the application has been determined.
If a license expires, application for reinstatement may be made during
a grace period of 2 years after the expiration date. During this grace
period, the expired license is not valid. A license reinstated during
the grace period will be dated as of the date of the reinstatement.
(d) Under the sequential call sign system, unless the licensee
requests a change, the same call sign will be assigned to the station
upon renewal, reinstatement, or modification of a station license.
[FR Doc. 94-30 Filed 1-4-94; 8:45 am]
BILLING CODE 6712-01-M
Complete official Federal Register PDF
FR Doc. 94-224 Future Harmonized Rotorcraft Rulemaking; Normal Category Maximum Weight; Meeting
[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Proposed Rules]
[Pages 554-555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-224]
[[Page Unknown]]
[Federal Register: January 5, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Parts 27 and 29
Future Harmonized Rotorcraft Rulemaking; Normal Category Maximum
Weight; Meeting
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of public meeting.
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SUMMARY: The FAA is announcing a public meeting to discuss the use of
Aviation Rulemaking Advisory Commission procedures in future harmonized
rulemaking. Once specific rulemaking topic that will be discussed is a
proposed increase in the current maximum gross weight limitation of
6,000 pounds for certification as a normal category rotorcraft.
DATES: The meeting will begin at 9 a.m. PDT on February 2, 1994.
ADDRESSES: The meeting will be held at the Anaheim Marriott, Ballrooms
E and G, 700 West Convention Way, Anaheim, California 92802, telephone
714-750-8000 (headquarters hotel for the Helicopter Association
International Heli Expo '94).
FOR FURTHER INFORMATION CONTACT:
Mr. Eric Bries, Manager, Rotorcraft Standards Staff, ASW-110, FAA,
Rotorcraft Directorate, Fort Worth, Texas 76193-0110, telephone (817)
222-5110 or fax (817) 222-5961.
SUPPLEMENTARY INFORMATION: The Federal Aviation Administration (FAA),
Rotorcraft Directorate, has recently completed a series of
harmonization meetings with the Helicopter Airworthiness Study Group
(HASG) of the European Joint Airworthiness Authorities (JAA). The
meetings were supplemented with joint authorities and industry
meetings. These meetings resulted in the issuance of European Joint
Airworthiness Requirements 27 (September 1993) and 29 (November 1993),
which are in basic harmonization with Federal Aviation Regulations
parts 27 and 29 (FAR 27 and 29). Current rulemaking using the Aviation
Rulemaking Advisory Committee (ARAC) is intended to amend FAR 27 and 29
to complete the harmonization process for existing rules.
To assure future rotorcraft rulemaking is harmonized to the
greatest extent practical and to provide information on rulemaking
using the ARAC, the FAA believes that a public meeting is warranted.
The public meeting will also be used to discuss draft revisions for
Advisory Circular (AC) 27-1, Change 3, and AC 29-2A, Change 2 (58 FR
67893, December 22, 1993).
Future Harmonized Rotorcraft Rulemaking--General
Status reports on the current harmonization efforts will be made by
American and European authorities and industry representatives. A
presentation on the ARAC will be made. Discussion will follow the
presentation and will focus on the following items:
--ARAC
--International Harmonization of rulemaking
--Future rotorcraft rulemaking--general
Normal Category Maximum Gross Weight of 6,000 Pounds
Since 1956 the FAA has based the primary and obvious distinction
between normal and transport category rotorcraft certification
requirements on the maximum certificated gross weight of the aircraft.
The upper gross weight limit for normal category rotorcraft was set at
6,000 pounds, based on existing and anticipated designs. All rotorcraft
above the 6,000 pounds maximum certificated gross weight are required
to be certificated in the transport category.
Recently the FAA received two requests for exemptions from this
criteria and numerous recommendations for varying degrees of changes to
the airworthiness standards. The FAA recognizes that helicopters, and
their operational roles, have evolved since the 6,000-pound rule was
established in 1956, and therefore some changes may be warranted. Based
on this recognition, the FAA developed an issue paper entitled
``Certification Categories for Civil Rotorcraft.'' This paper will be
used to facilitate discussion at the public meeting. Copies of the
paper have been mailed to interested parties. Additional interested
parties who have not received a copy of the paper by January 1, 1994,
may obtain a copy by contacting the person listed under ``FOR FURTHER
INFORMATION CONTACT.''
Meeting Procedures
The meeting is being chaired by the Rotorcraft Directorate.
Participants will include FAA representatives from Flight Standards,
Legal Counsel, and the Office of International Aviation; JAA
representatives from engineering and operations; and industry groups
from the U.S. and Europe.
The following procedures will be used to conduct the meeting:
1. Registration will be from 8-9 a.m. PDT on February 2, 1994.
There will be no registration fee. Preregistration is recommended and
may be accomplished by contacting the person listed under the caption
``FOR FURTHER INFORMATION CONTACT.''
2. The meeting will be recorded by a court reporter, and
transcripts will be available for purchase directly from the court
reporter.
3. Statements by the FAA will be made to facilitate discussion and
should not be taken as expressing a final FAA position.
4. The FAA will consider all material presented at the meeting by
participants. Handouts will be accepted at the discretion of the
chairperson; however, enough copies should be provided for distribution
to all participants.
Issued in Fort Worth, Texas, on December 20, 1993.
Henry A. Armstrong,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 94-224 Filed 1-4-94; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 94-176 Emergency Federal Law Enforcement Assistance; Comment Period Extended
[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Proposed Rules]
[Page 558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-176]
[[Page Unknown]]
[Federal Register: January 5, 1994]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
28 CFR Part 65
[INS No. 1449-92]
RIN 1115-AD40
Emergency Federal Law Enforcement Assistance; Comment Period
Extended
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Proposed rule; extension of comment period.
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SUMMARY: This notice extends the comment period for the Immigration
Emergency Fund regulation published on November 5, 1993, at 58 FR
58994. The original comment period expired on December 6, 1993, but the
Immigration and Naturalization Service received several requests from
the public to extend this period.
DATES: Written comments must bear a postmark dated on or before January
26, 1994.
ADDRESSES: Please submit written comments, in triplicate, to Director,
Policy Directives and Instructions Branch, Immigration and
Naturalization Service, 425 I Street, NW., room 5307, Washington, DC
20536. To ensure proper handling, the letters should refer to INS No.
1449-92.
FOR FURTHER INFORMATION CONTACT:
Michael J. Coster, Associate General Counsel, Immigration and
Naturalization Service, 425 I Street, NW., room 6100, Washington, DC
20536, telephone (202) 514-2895.
Dated: December 22, 1993.
Doris Meissner,
Commissioner.
[FR Doc. 94-176 Filed 1-4-94; 8:45 am]
BILLING CODE 4410-10-M
Complete official Federal Register PDF
FR Doc. 94-143 Airworthiness Directives; Bell Helicopter Textron, Inc. Model 214B, 214B-1, and 214ST Helicopters
[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Proposed Rules]
[Pages 556-558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-143]
[[Page Unknown]]
[Federal Register: January 5, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 93-SW-20-AD]
Airworthiness Directives; Bell Helicopter Textron, Inc. Model
214B, 214B-1, and 214ST Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to Bell Helicopter Textron, Inc.
Model 214B, 214B-1, and 214ST helicopters. This proposal would
establish a mandatory retirement life of 60,000 high-power events for
the main rotor trunnion (trunnion), which is currently not a life-
limited part. This proposal is prompted by the manufacturer's analysis
and retesting that has shown that the trunnion is sensitive to high-
power events. The actions specified by the proposed AD are intended to
prevent fatigue failure of the trunnion, that could result in loss of
the main rotor and subsequent loss of control of the helicopter.
DATES: Comments must be received by February 22, 1994.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Office of the Assistant Chief Counsel, Attention:
Rules Docket No. 93-SW-20-AD, 4400 Blue Mound Road, bldg 3B, room 158,
Fort Worth, Texas 76106. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Scott Horn, Aerospace Engineer,
Rotorcraft Certification Office, FAA, Rotorcraft Directorate, ASW-170,
Fort Worth, Texas 76193-0170, telephone (817) 624-5177, fax (817) 740-
3394.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal 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 93-SW-20-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Office of the Assistant Chief Counsel, Attention: Rules
Docket No. 93-SW-20-AD, 4400 Blue Mound Road, bldg. 3B, room 158, Fort
Worth, Texas 76106.
Discussion
This document proposes to adopt a new airworthiness directive (AD)
that is applicable to Bell Helicopter Textron, Inc. Model 214B, 214B-1,
and 214ST helicopters. Recent retesting and analysis has shown that the
main rotor trunnion (trunnion), part number 214-010-230-101, is
sensitive to high-power events. High power events are takeoffs and
external load lifts. This condition, if not corrected, could result in
fatigue failure of the trunnion, loss of the main rotor, and subsequent
loss of the control of the helicopter.
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would require for the trunnion, within the next 25 hours'
time-in-service after the effective date of this AD, (1) creation of a
component history card; (2) accumulation of the historical high-power
events; and (3) thereafter, recording of the high-power events as they
occur. Additionally, the proposed AD would establish a trunnion
retirement life of 60,000 high-power events.
The FAA estimates that 15 helicopters of U.S. registry would be
affected by this proposed AD, that it would take approximately 16 work
hours per helicopter to accomplish the proposed actions, and that the
average labor rate is $55 per work hour. Required parts would cost
approximately $10,929 per helicopter. Based on these figures, the total
cost impact of the proposed AD on U.S. operators is estimated to be
$29,523, assuming inspection and modification of one-sixth of the fleet
is required each year.
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend 14
CFR part 39 of the Federal Aviation Regulations 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Bell Helicopter Textron, Inc.: Docket No. 93-SW-20-AD.
Applicability: Model 214B, 214B-1, and 214ST helicopters,
equipped with main rotor trunnion (trunnion), part number 214-010-
230-101, certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue failure of the trunnion as a result of
takeoffs and external loads lifts (high-power events), that could
result in loss of the main rotor and subsequent loss of control of
the helicopter, accomplish the following:
(a) Within the next 25 hours' time-in-service after the
effective date of this airworthiness directive (AD), accomplish the
following:
(1) Create a historical service record or component history card
for the trunnion.
(2) Determine the actual time-in-service of the trunnion from
maintenance records, if possible. If the actual time-in-service
cannot be determined, use a time-in-service of 900 hours per year.
Prorate the hours for a partial year.
(3) For Model 214B and 214B-1 helicopters, determine and record
the accumulated high-power events on the trunnion as follows:
(i) If the number of high-power events is unknown, assign 12
high-power events for each hour time-in-service obtained in
accordance with paragraph (a)(2).
(ii) If the number of high-power events is known, divide that
number by 2 and record the resulting number as the total accumulated
high-power events.
(4) For Model 214ST helicopters, determine and record the
accumulated high-power events on the trunnion as follows:
(i) If the number of events is unknown, assign 11 high-power
events for each hour time-in-service obtained in accordance with
paragraph (a)(2).
(ii) If the number of high-power events is known, record that
number as the total accumulated high-power events.
(b) After the effective date of this AD, continue to record
high-power events in the aircraft maintenance record. For Model 214B
and 214B-1 helicopters, divide the number of high-power events by 2
and add the resulting number to the previously recorded sum. For
Model 214ST helicopters, add the high-power events to the previously
recorded sum.
(c) Remove the trunnion and replace it with an airworthy
trunnion in accordance with the following:
(1) For each trunnion with 59,400 or more high-power events on
the effective date of this AD, remove and replace the trunnion on or
before the accumulation of an additional 600 high-power events.
(2) For each trunnion with less than 59,400 high-power events on
the effective date of this AD, remove and replace the trunnion on or
before attaining 60,000 high-power events.
(d) This AD revises the helicopter Airworthiness Limitations
Section of the maintenance manual by establishing a new retirement
life for the trunnion.
(e) An alternative method of compliance or adjustment of the
compliance time, which provides an acceptable level of safety, may
be used when approved by the Manager, Rotorcraft Certification
Office, FAA, Rotorcraft Directorate, Fort Worth, Texas 76193-0170.
Operators shall submit their requests through an FAA Principal
Maintenance Inspector, who may concur or comment and then send it to
the Manager, Rotorcraft Certification Office.
Note: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Rotorcraft Certification Office.
(f) Special flight permits may be issued in accordance with FAR
21.197 and 21.199 to operate the helicopter to a location where the
requirements of this AD can be accomplished.
Issued in Fort Worth, Texas, on November 5, 1993.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 94-143 Filed 1-4-94; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 94-140 Airworthiness Directives; Bell Helicopter Textron, Inc. Model 205A, 205A-1, 205B, 212, and 412 Series Helicopters
[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Proposed Rules]
[Pages 555-556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-140]
[[Page Unknown]]
[Federal Register: January 5, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 93-SW-17-AD]
Airworthiness Directives; Bell Helicopter Textron, Inc. Model
205A, 205A-1, 205B, 212, and 412 Series Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Bell Helicopter Textron,
Inc. Model 205A, 205A-1, 205B, 212, and 412 series helicopters. This
proposal would require removal and replacement of a certain design main
transmission lower planetary spider (spider) and would establish a
2,500 hours' time-in-service retirement life for the spider. This
proposal is prompted by five failures of the spider that occurred
during the manufacturer's fatigue tests. The actions specified by the
proposed AD are intended to prevent fatigue failure of the spider,
failure of the main transmission, and subsequent loss of control of the
helicopter.
DATES: Comments must be received by February 22, 1994.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Office of the Assistant Chief Counsel, Attention:
Rules Docket No. 93-SW-17-AD, 2601 Meacham Boulevard, Fort Worth, Texas
76137. Comments may be inspected at this location between 9 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
The service information referenced in the proposed rule may be
obtained from Bell Helicopter Textron, Inc., P.O. Box 482, Fort Worth,
Texas 76101. This information may be examined at the FAA, Office of the
Assistant Chief Counsel, 2601 Meacham Boulevard, room 663, Fort Worth,
Texas.
FOR FURTHER INFORMATION CONTACT: Mr. Scott Horn, Aerospace Engineer,
Rotorcraft Certification Office, FAA, Rotorcraft Directorate, Fort
Worth, Texas 76193-0170, telephone (817) 222-5159, fax (817) 222-5959.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal 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 93-SW-17-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Office of the Assistant Chief Counsel, Attention: Rules
Docket No. 93-SW-17-AD, 2601 Meacham Boulevard, Fort Worth, Texas
76137.
Discussion
This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to Bell Helicopter Textron, Inc.
(BHTI) Model 205A, 205A-1, 205B, 212, and 412 series helicopters,
equipped with a main transmission lower planetary spider (spider), part
number (P/N) 412-040-785-101. During recent BHTI fatigue tests, five
spiders failed due to structural fatigue. Previously, there was no
retirement life established for the spider. However, based on these
test results, the FAA proposes to establish a 2,500 hours' time-in-
service (TIS) retirement life for this design spider. This condition,
if not corrected, could result in fatigue failure of the spider,
failure of the main transmission, and subsequent loss of control of the
helicopter.
The FAA has reviewed and approved (1) BHTI Alert Service Bulletin
(ASB) 205-93-54, dated June 18, 1993, applicable to Model 205A-1
helicopters; (2) ASB 205B-93-16, dated June 18, 1993, applicable to
Model 205B helicopters; (3) ASB 212-93-83, dated June 18, 1993,
applicable to Model 212 helicopters; and (4) ASB 412-93-72, Revision A,
dated June 18, 1993, applicable to Model 412 helicopters. These ASBs
describe procedures for the removal, retirement, and replacement of
certain spiders when they reach 2,500 hours' TIS.
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would require removal and replacement of spiders with less
than 2,400 hours' TIS, prior to or upon attaining 2,500 hours' TIS or,
for spiders with 2,400 hours' or more TIS, within the next 100 hours'
TIS. This AD also establishes a retirement life of 2,500 hours' TIS.
The actions would be required to be accomplished in accordance with the
service bulletins described previously.
The FAA estimates that 40 helicopters of U.S. registry would be
affected by this proposed AD, that it would take approximately 26
workhours per helicopter to accomplish the proposed actions, and that
the average labor rate is $55 per workhour. Required parts would cost
approximately $8,929 per helicopter. Based on these figures, the total
cost impact of the proposed AD on U.S. operators is estimated to be
$414,360.
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend 14
CFR part 39 of the Federal Aviation Regulations 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Bell Helicopter Textron, Inc.: Docket No. 93-SW-17-AD.
Applicability: Model 205A, 205A-1, 205B, 212, and 412 series
helicopters, with main transmission lower planetary spider (spider),
part number (P/N) 412-040-785-101, installed, certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue failure of the spider, that could result in
failure of the main transmission and subsequent loss of control of
the helicopter, accomplish the following:
(a) For spiders with 2,400 hours' or more time-in-service (TIS)
on the effective date of this airworthiness directive (AD), within
the next 100 hours' TIS remove and replace the spider with an
airworthy spider in accordance with the Accomplishment Instructions
of Bell Helicopter Textron, Inc. Alert Service Bulletin (ASB) 205-
93-54, dated June 18, 1993, for the Models 205A and 205A-1; ASB
205B-93-16, dated June 18, 1993, for the Model 205B; ASB 212-93-83,
dated June 18, 1993, for the Model 212; and ASB 412-93-72, Revision
A, dated June 18, 1993, for the Model 412 helicopters.
(b) For spiders with less than 2,400 hours' TIS on the effective
date of this AD, prior to or upon attaining 2,500 hours' TIS, remove
and replace the spider with an airworthy spider in accordance with
the accomplishment instructions of the appropriate ASB referred to
in paragraph (a).
(c) This AD revises the Airworthiness Limitations Section of the
applicable helicopter maintenance manuals by establishing a
retirement life of 2,500 hours' TIS for the spider.
(d) An alternative method of compliance or adjustment of the
compliance time, which provides an acceptable level of safety, may
be used when approved by the Manager, Rotorcraft Certification
Office, FAA, Rotorcraft Directorate. Operators should submit their
requests through an FAA Principal Maintenance Inspector, who may
concur or comment and then send it to the Manager, Rotorcraft
Certification Office.
Note: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Rotorcraft Certification Office.
(e) Special flight permits may be issued in accordance with FAR
21.197 and 21.199 to operate the helicopter to a location where the
requirements of this AD can be accomplished.
Issued in Fort Worth, Texas, on December 3, 1993.
James D. Erickson,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 94-140 Filed 1-4-94; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 94-134 Petition for Rulemaking; Summary of Petitions Received; Dispositions of Petitions Issued
[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Proposed Rules]
[Page 554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-134]
[[Page Unknown]]
[Federal Register: January 5, 1994]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Chapter I
[Summary Notice No. PR-93-21]
Petition for Rulemaking; Summary of Petitions Received;
Dispositions of Petitions Issued
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of petitions for rulemaking received and of dispositions
of prior petitions.
-----------------------------------------------------------------------
SUMMARY: Pursuant to FAA's rulemaking provisions governing the
application, processing, and disposition of petitions for rulemaking
(14 CFR part 11), this notice contains a summary of certain petitions
requesting the initiation of rulemaking procedures for the amendment of
specified provisions of the Federal Aviation Regulations and of denials
or withdrawals of certain petitions previously received. The purpose of
this notice is to improve the public's awareness of, and participation
in, this aspect of FAA's regulatory activities. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of any petition or its final
disposition.
DATES: Comments on petitions received must identify the petition docket
number involved and must be received by March 7, 1994.
ADDRESSES: Send comments on any petition in triplicate to: Federal
Aviation Administration, Office of the Chief Counsel, Attn: Rules
Docket No. ______, 800 Independence Avenue SW., Washington, DC 20591.
The petition, any comments received, and a copy of any final
disposition are filed in the assigned regulatory docket and are
available for examination in the Rules Docket (AGC-200), room 915G, FAA
Headquarters Building (FOB 10A), 800 Independence Ave., SW.,
Washington, DC 20591; telephone (202) 267-3132.
FOR FURTHER INFORMATION CONTACT:
Mr. Frederick M. Haynes, Office of Rulemaking (ARM-1), Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-3939.
This notice is published pursuant to paragraphs (b) and (f) of
Sec. 11.27 of part 11 of the Federal Aviation Regulations (14 CFR part
11).
Issued in Washington, DC, on December 28, 1993.
Joseph Conte,
Acting Assistant Chief Counsel.
Petitions for Rulemaking
Docket No.: 27542.
Petitioner: Ms. Debra Russi.
Regulations Affected: 14 CFR 105.
Description of Rulechange Sought: To require all parachute training be
performed in accordance with the United States Parachute Association
(USPA) training program or in accordance with a plan approved by the
Federal Aviation Administration (FAA); incorporated by reference the
USPA training program in part 105; and require that the operator of an
aircraft immediately, and by the most expeditions means available,
notify the nearest FAA Air Traffic Facility when a sport parachute
accident/incident occurs involving a person who made an intentional
jump from that aircraft.
Petitioner's Reason for the Request: The petitioner feels that this
amendment is needed to protect the citizens of the United States of
America, who wish to participate in sport parachuting, by providing
participants the assurance of a training course which adheres to
approved specifications; and, in the event of a parachute accident, the
proposed changes would facilitate prompt notification of the nearest
FAA field office, enabling timely investigative procedures.
[FR Doc. 94-134 Filed 1-4-94; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 94-105 Sodium Citrate as a Tripe Denuding Agent
[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Proposed Rules]
[Pages 550-551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-105]
[[Page Unknown]]
[Federal Register: January 5, 1994]
VOL. 59, NO. 3
Wednesday, January 5, 1994
=======================================================================
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 318
[Docket No. 92-029P]
RIN 0583-AB66
Sodium Citrate as a Tripe Denuding Agent
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend the Federal meat inspection regulations to permit the use of
sodium citrate in solution to denude beef stomachs of mucous membranes.
In 1990, a manufacturer of processing aids and other direct food
ingredients petitioned the Food and Drug Administration and FSIS to
approve the use of several compounds, including sodium citrate, for use
in denuding tripe. FSIS has reviewed the data and other information
submitted by the petitioner and has determined that the proposed use of
sodium citrate would not result in product adulteration or misbranding.
The proposed regulation would make available to meat processors an
additional, alternative tripe-denuding formulation that would contain
sodium citrate as an ingredient. The sodium citrate solution would be
as effective as existing tripe-denuding agents, but would be less
objectionable to workers than the agents now in use. The sodium
citrate-containing formulation would contribute to improved tripe
production.
DATES: Comments must be submitted on or before March 7, 1994.
ADDRESSES: Written comments to: Policy Office, Attn. Diane Moore, FSIS
Hearing Clerk, room 3171 South Agriculture Building, Food Safety and
Inspection Service, U.S. Department of Agriculture, Washington, DC
20250.
FOR FURTHER INFORMATION CONTACT:
Dr. Bill James, Director, Slaughter Inspection Standards and Procedures
Division, Science and Technology, Food Safety and Inspection Service,
U.S. Department of Agriculture, Washington, DC 20250, (202) 720-3219.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule is in conformance with Executive Order 12866,
and the Assistant Secretary has determined that it is not a
``significant regulatory action.'' This proposed rule: (1) Would have
an 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 and 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 or obligations or 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.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. States and local jurisdictions are preempted
under the Federal Meat Inspection Act (FMIA) and the Poultry Products
Inspection Act (PPIA) from imposing requirements with respect to
premises, facilities, and operations of federally inspected meat or
poultry products, and any marking, labeling, packaging, or ingredient
requirements on federally inspected meat and poultry products that are
in addition to, or different than, those imposed under the FMIA and
PPIA. States and local jurisdictions may, however, exercise concurrent
jurisdiction over meat and poultry products that are outside official
establishments for the purpose of preventing the distribution of meat
and poultry products that are misbranded or adulterated under the FMIA
or PPIA, or in the case of imported articles, which are not at such an
establishment, after their entry into the United States. The States
may, however, impose more stringent requirements on such State
inspected products and establishments.
This proposed rule is not intended to have retroactive effect, and
no applicable administrative procedures must be exhausted before any
judicial challenge to the provisions of this rule. However, the
applicable administrative procedures specified in 9 CFR 306.5 must be
exhausted prior to any judicial challenge to the application of the
provisions of this rule, if the challenge involves any decision of an
inspector relating to inspection services provided under the FMIA. The
applicable administrative procedures specified in 9 CFR part 335 must
be exhausted prior to any judicial challenge to the application of the
provisions of this rule with respect to labeling decisions.
Effect on Small Entities
The Administrator has determined that this proposed rule will not
have a significant impact on a substantial number of small entities, as
defined by the Regulatory Flexibility Act (5 U.S.C. 601). The proposed
regulation would make available to meat processors an additional,
alternative tripe-denuding formulation that would contain sodium
citrate as an ingredient. The sodium citrate formulation could be
manufactured and sold in liquid form and used in existing or newly
developed tripe denuding equipment. The sodium citrate-containing
formulation could be used most efficiently in the new equipment and
contribute to improved tripe production. Small establishments could
benefit from the use of the sodium citrate product.
Background
Under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), FSIS
provides for mandatory inspection of meat and meat food products
shipped in interstate and foreign commerce. The Act prohibits the
addition of any substance to any meat or meat food product that may
render the product adulterated (21 U.S.C. 601). Section 318.7(a)(1) of
the Federal meat inspection regulations (9 CFR 318.7) prohibits the use
of any substance in the preparation of any product unless its use is
approved in Sec. 318.7(c)(4) of the Federal meat inspection regulations
(9 CFR 318.7), which is the chart of substances acceptable for use in
the preparation of products, or unless it is approved elsewhere in the
regulations or it is approved by the Administrator.
In 1990, a manufacturer of processing aids and other direct food
ingredients petitioned the Food and Drug Administration (FDA) and FSIS
to approve the use of several compounds, including sodium citrate, for
use in denuding tripe. Tripe denudation--the removal of mucous
membranes from beef stomachs--is a necessary step in the cleaning and
preparation of tripe for use as human food. FSIS has reviewed the data
and other information submitted by the petitioner and has determined
that the proposed use of sodium citrate would not result in product
adulteration or misbranding.
FDA lists sodium citrate as generally recognized as safe when used
in accordance with good manufacturing practice in an amount not in
excess of that required to achieve its intended effect (21 CFR
182.1751). In an August 24, 1992, letter to the petitioner, FDA
reported this fact and stated that it would have ``no objection to
[sodium citrate's] addition to the tripe-denuding mixture [contemplated
by the petitioner] providing that it is used in accordance with good
manufacturing practice.''1 FDA further stipulated that the sodium
citrate used be of food-grade quality and that the quantity used not be
in excess of the amount reasonably required to accomplish its intended
effect.
---------------------------------------------------------------------------
\ \A copy of this letter is available from the FSIS Hearing
Clerk, USDA, 14th & Independence Avenue, SW., room 3175, South
Agriculture Building, Washington, DC 20250.
---------------------------------------------------------------------------
FSIS is proposing to amend Sec. 318.7(c)(4) of the Federal meat
inspection regulations to permit the use of sodium citrate as a tripe
denuding agent in combination with other approved agents, in an amount
sufficient to accomplish the intended effect. Use of sodium citrate for
this purpose would be subject to the condition that the substance be
removed from the denuded tripe by rinsing with potable water.
List of Subjects in 9 CFR Part 318
Food additives, Meat inspection.
For the reasons set out in the preamble, 9 CFR part 318 is proposed
to be amended as follows:
PART 318--ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND
PREPARATION OF PRODUCTS
1. The authority citation for part 318 would continue to read as
follows:
Authority: 7 U.S.C. 450, 1901-1906; 21 U.S.C. 601-695; 7 CFR
2.17, 2.55.
2. Section 318.7(c)(4) would be amended by adding to the chart of
substances, under the Class of substance ``Denuding agents; may be used
in combination. Must be removed from tripe by rinsing with potable
water.'' the substance sodium citrate in alphabetical order as follows:
Sec. 318.7 Approval of substances for use in the preparation of
products.
* * * * *
(c) * * *
(4) * * *
----------------------------------------------------------------------------------------------------------------
Class of substances Substances Purpose Products Amount
----------------------------------------------------------------------------------------------------------------
****** *
Denuding Agents; may be used in Sodium Citrate.... ......do.......... ......do.......... Do.
combination. Must be removed
from tripe by rinsing with
potable water.
****** *
----------------------------------------------------------------------------------------------------------------
Done at Washington, DC, on December 27, 1993.
Eugene Branstool,
Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-105 Filed 1-4-94; 8:45 am]
BILLING CODE 3410-DM-M
Complete official Federal Register PDF
FR Doc. 94-104 Use of Trisodium Phosphate on Raw, Chilled Poultry Carcasses
[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Proposed Rules]
[Pages 551-554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-104]
[[Page Unknown]]
[Federal Register: January 5, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
9 CFR Part 381
[Docket No. 92-026P]
RIN 0583-AB65
Use of Trisodium Phosphate on Raw, Chilled Poultry Carcasses
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: FSIS is proposing to amend the poultry products inspection
regulations to permit the application of trisodium phosphate (TSP) on
raw, chilled poultry carcasses passed for wholesomeness. TSP would be
permitted as an antimicrobial agent on such poultry carcasses at a
level of 8 to 12 percent. The TSP treatment solution would be
maintained at a temperature of 45 deg. F. to 55 deg. F. and applied by
spraying or dipping carcasses for up to 15 seconds. Tests conducted by
industry have shown that the use of TSP at a level of 8 to 12 percent
reduces microbial populations on raw, chilled poultry surfaces. This
proposed rule is in response to a petition filed by Rhone-Poulenc,
Inc., Cranbury, New Jersey.
DATES: Comments must be received on or before March 7, 1994.
ADDRESSES: Written comments to: Policy Office, Attn: Diane Moore, room
3171, South Agriculture Building, Food Safety and Inspection Service,
U.S. Department of Agriculture, Washington, DC 20250. Oral comments, as
provided under the Poultry Products Inspection Act (PPIA), should be
directed to Dr. William O. James at (202) 720-3219. (See also
``Comments'' under supplementary information.)
FOR FURTHER INFORMATION CONTACT:
Dr. William O. James, Director, Slaughter Inspection Standards and
Procedures Division, Science and Technology, Food Safety and Inspection
Service, U.S. Department of Agriculture, Washington, DC 20250; (202)
720-3219.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
FSIS has determined that this regulatory action is not a
significant rule under Executive Order 12866. It would not likely
result in a rule that may (1) have an annual effect on the economy of
$100 million or more or 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; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This proposed rule would provide for the use of
TSP as an antimicrobial treatment on raw, chilled poultry carcasses
passed for wholesomeness.
States and local jurisdictions are preempted under the Poultry
Products Inspection Act (PPIA) from imposing any requirements with
respect to federally inspected premises and facilities, and operations
of such establishments, that are in addition to, or different than,
those imposed under the PPIA. States and local jurisdictions are also
preempted under the PPIA from imposing any marking, labeling,
packaging, or ingredient requirements on federally inspected poultry
products that are in addition to, or different than, those imposed
under the PPIA. States and local jurisdictions may, however, exercise
concurrent jurisdiction over poultry products that are outside official
establishments for the purpose of preventing the distribution of
poultry products that are misbranded or adulterated under the PPIA or,
in the case of imported articles, which are not at such an
establishment, after their entry into the United States. States and
local jurisdictions may also make requirements or take other actions
that are consistent with the PPIA, with respect to any other matters
regulated under the PPIA.
Under the PPIA, States that maintain poultry inspection programs
must impose requirements on State-inspected products and establishments
that are at least equal to those required under the PPIA. These States
may, however, impose more stringent requirements on such State-
inspected products and establishments.
In the event of its adoption, no retroactive effect would be given
to this proposed rule, and applicable administrative procedures must be
exhausted before any judicial challenge to the application of these
provisions. Those administrative procedures are set forth in 9 CFR
381.35.
Effect on Small Entities
The Administrator, FSIS, has determined that the proposed rule
would not have a significant impact on a substantial number of small
entities. The proposed rule would permit the use of TSP at the
establishment's option.
Establishments that decide to use TSP as an antimicrobial agent on
their products would incur a one-time expense for the necessary
equipment and an ongoing cost for purchasing TSP. The cost for the
treatment equipment would be approximately $45,000 per processing line.
The cost for the TSP would average about \1/2\ cent per bird.
The production of ready-to-cook poultry containing lower amounts of
bacteria than such poultry now available would contribute to the
national effort to reduce the incidence of pathogenic bacteria in
foods. Most consumers are willing to pay more for poultry products that
are raised or processed in a way that reduces the levels of Salmonella
on such products.\1\ Therefore, the market for TSP-treated poultry
carcasses would likely attract most consumers who desire additional
protection from harmful microorganisms. In turn, poultry establishments
that market TSP-treated poultry carcasses could benefit from increased
sales.
---------------------------------------------------------------------------
\1\Rhone-Poulenc Food Buyer Telephone Survey, January 1993. A
copy of this survey is available for public inspection in the office
of the FSIS Hearing Clerk.
---------------------------------------------------------------------------
Comments
Interested persons are invited to submit comments concerning this
proposal. Written comments should be sent to the Policy Office at the
address shown above and should refer to Docket Number 92-026P. Any
person desiring opportunity for oral presentation of views, as provided
under the PPIA, should make such request to Dr. James at (202) 720-3219
so that arrangements may be made for such views to be presented. A
record will be made of all such oral comments. Copies of all comments
submitted in response to this proposal will be available for public
inspection in the Policy Office between 9 a.m. and 12:30 p.m. and
between 1:30 and 4 p.m., Monday through Friday.
Background
FSIS is responsible for assuring that poultry products distributed
in commerce are wholesome, not adulterated, and properly marked,
labeled, and packaged. Under the PPIA (21 U.S.C. 451-470), FSIS
provides mandatory inspection of poultry and poultry products shipped
in interstate and foreign commerce, as well as in designated States.
Continuous inspection of poultry slaughtering establishments is
intended to assure that fresh, ready-to-cook poultry carcasses and
parts are free of visible signs of disease and contamination. FSIS
inspectors examine the outside, inside, and viscera of all birds
presented for inspection.
Because raw poultry furnish a rich medium for the potential growth
of both beneficial and harmful microorganisms, it has been assumed
traditionally that a certain level of microbial activity on the surface
tissues of raw poultry was unavoidable. Consequently, poultry slaughter
inspection activities have focused on the organoleptic detection of
poultry diseases or other abnormalities in carcasses and parts that
would render the products adulterated or unwholesome.
Over the years, scientific and public concern about microbiological
contamination of poultry products has expanded from the processing of
such products to conditions under which poultry are slaughtered, and
even to preslaughter poultry production. FSIS has encouraged the
scientific community and the regulated industry to develop slaughtering
and processing methods and treatments that would yield raw poultry
products that are as free as practicable of pathogenic bacteria. The
control of miscrooganisms on raw poultry has been given a high priority
on FSIS's research agenda.
Researchers estimate that from 6.5 million to 33 million Americans,
or 3 to 14 percent of the population, become ill each year from
consumption of foods containing microorganisms. An estimated 9,000 of
these illnesses result in death, or 4 in 100,000 people. Chapter 4 of a
1985 report by the National Research Council/National Academy of
Sciences, Meat and Poultry Inspection: The Scientific Basis of the
Nation's Program, recommended, in part, that the poultry inspection
program be refocused to place greater emphasis on microbiological and
chemical testing.\2\ Since the issuance of that report, FSIS has given
greater priority to microbiological and chemical testing.
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\2\A copy of Chapter 4 of this report is available for public
inspection in the office of the FSIS Hearing Clerk. Page 53 contains
the referenced recommendation.
---------------------------------------------------------------------------
Among the diseases caused by foodborne microorganisms, the one
receiving the most publicity in recent years has been salmonellosis.
This common human intestinal disorder was estimated to cost Americans
approximately $1 billion in 1987.
Much of the concern about Salmonella in the food supply has focused
on chicken. FSIS has encouraged and permitted the industry to use
technologies such as counterflow scalders, chlorinated inplant water,
and ionizing radiation to reduce Salmonella and other pathogenic
bacteria.
Rhone-Poulenc, Inc., Petition
FSIS has been petitioned by Rhone-Poulenc, Inc., Cranbury, New
Jersey, to permit the use of food-grade TSP as a processing aid in
post-chill poultry slaughter operations.\3\ The petitioner requested
the use of a treatment solution consisting of TSP dissolved in water to
a concentration of 10 percent, plus or minus 2 percent (8 to 12
percent). The petitioner requested exposure of the poultry to the TSP
treatment solution for no more than 15 seconds, with the TSP treatment
solution being maintained at 50 deg. F., plus or minus 5 deg. F.
(45 deg. F. to 55 deg. F.).
---------------------------------------------------------------------------
\3\A copy of this petition is available for public inspection in
the office of the FSIS Hearing Clerk.
---------------------------------------------------------------------------
The petitioner supplied data demonstrating that the use of TSP,
under the parameters addressed above, is effective in reducing the
levels of bacteria, including pathogenic bacteria, found on raw,
chilled poultry carcasses. Immediately after chilling, poultry
carcasses that have been passed for wholesomeness enter the TSP
treatment system. Chilled poultry carcasses are either sprayed with or
dipped in the TSP treatment solution for no more than 15 seconds. The
concentration of TSP used in various studies conducted by or for the
petitioner ranged from 8 to 12 percent in water, at temperatures
ranging from 45 deg. F. to 55 deg. F.
Data from the petitioner included results of studies conducted by
the Pennsylvania State Sensory Laboratory for Rhone-Poulenc, Inc., on
consumer acceptability of cooked poultry derived from TSP-treated
poultry carcasses. These studies show no significant difference in
taste or appearance between cooked poultry from TSP-treated poultry
carcasses and cooked poultry from untreated poultry.
The petitioner also provided study results concerning moisture
pickup and residue findings in poultry carcasses treated with TSP.
According to these study results, the moisture pickup in TSP-treated
poultry carcasses does not exceed regulatory limits for moisture
absorption as prescribed in 9 CFR 381.66(d)(5). Residue findings ranged
from -0.25 percent to 0.11 percent, showing that virtually no residue
of the TSP solution remains on or in the treated poultry carcasses.
FSIS Studies on TSP
FSIS also conducted studies to determine the efficacy of TSP on
raw, chilled poultry carcasses.\4\ These studies show that the use of
TSP on raw, chilled poultry carcasses results in statistically
significant reductions in the levels of bacteria. Summary statistics of
bacterial plate counts were used in all statistical analyses based on
the arithmetic average and statistical significance was determined
through nonparametric procedures using the relative rank of values.
Analyses of 256 carcass-rinse samples collected at a federally
inspected establishment over 4 days indicated that carcasses had
average aerobe plate counts of 328 before TSP application, and 78 after
application; Enterobacteriaceae counts of 25.5 before TSP application,
and 2.7 after application; and Escherichia coli counts of 10.1 before
TSP application, and 0.2 after treatment. Although these particular
studies found no salmonellae in untreated or treated carcasses,
preliminary results from industry group testing show that TSP is also
effective in reducing salmonellae on raw poultry. Studies on moisture
absorption resulting from the use of TSP found no inconsistencies with
data furnished by the petitioner.
---------------------------------------------------------------------------
\4\A copy of the study results is available for public
inspection the office of the FSIS Hearing Clerk. After carcasses had
been chilled and hung on a moving shackle line, they were dipped for
15 seconds in an 8 percent) plus or minus 2 percent) TSP solution at
a temperature of 7.7 deg.C. (plus or minus 2 deg.C.) (42 deg.F.
to 49.5 deg.F.).
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Food Additive Status
TSP is listed in the Food and Drug Administrated (FDA) regulations
as generally recognized as safe (GRAS) for multiple purpose use in
accordance with good manufacturing practice (21 CFR 182.1778).
FDA evaluated the petitioner's request for the use of TSP as a
processing aid in poultry and concluded that the treatment leaves no
residues on the product that could be harmful to consumers. Therefore,
in an August 25, 1992, letter, FDA approved the use of TSP as a
processing aid on raw poultry, under conditions to be established by
FSIS.\5\
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\5\A copy of FDA's approval letter is available for public
inspection in the office of the FSIS Hearing Clerk.
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The Proposal
The Administrator has determined that (1) the use of TSP on raw,
chilled poultry carcasses is in compliance with applicable FDA
requirements, (2) its use is functional and suitable for the intended
purpose, (3) the substance is used at the lowest acceptable level to
consistently achieve the desired reduction of pathogenic bacteria as
determined in specific cases, and (4) the use of this substance on raw,
chilled poultry carcasses at the stated level will not render the
treated product adulterated, misbranded, or otherwise not in accordance
with the requirements of the PPIA.
Therefore, FSIS is proposing to amend the poultry products
inspection regulations at 9 CFR 381.147(f)(4) to add antimicrobial
agents as a new class of substance for use on poultry products, and to
add TSP as an approved antimicrobial agent. As requested by the
petitioner, TSP would be permitted for use on raw, chilled poultry
carcasses passed for wholesomeness at a level of 8 to 12 percent. The
TSP treatment solution would be maintained at 45 deg.F. to 55 deg.F.,
and would be applied either by spraying or dipping the raw, chilled
poultry carcasses for no more than 15 seconds. FSIS has determined,
through review of the petitioner's data and its own study results, that
15 seconds is the maximum time necessary to coat all surfaces of the
poultry carcasses with the TSP solution. FSIS is proposing the
application of TSP by spraying, as well as by dipping, to permit the
use of any existing spraying equipment in establishments, and thus
reduce the costs incurred by establishments to set up the TSP treatment
system.
Although the use of TSP would not eliminate the need for continuing
careful handling of raw poultry products, TSP treatment on raw, chilled
poultry carcasses would reduce the levels of bacteria that may be
present on raw poultry carcasses.
TSP leaves virtually no residue on or in the carcass of treated
poultry that would require the labels of such treated product to show
the presence of TSP. Therefore, poultry producers opting to use TSP
would not be required to revise their product labels.
List of Subjects in 9 CFR Part 381
Poultry and poultry products.
For the reasons set forth in the preamble, FSIS is proposing to
amend the poultry products inspection regulations as follows:
PART 381--MANDATORY POULTRY PRODUCTS INSPECTION
1. The authority citation for part 381 would continue to read as
follows:
Authority: 7 U.S.C. 450, 21 U.S.C. 451-470, 7 CFR 2.17, 2.55.
2. In Table I of Sec. 371,147(f)(4), a new class of substance
titled ``Antimicrobial agents'' would be added and the substance
``Trisodium phosphate'' would be added to the new class of substance to
read as follows:
Sec. 381.147 Restrictions on the use of substances in poultry
products.
* * * * *
(f) * * *
(4) * * *
----------------------------------------------------------------------------------------------------------------
Class of substance Substance Purpose Products Amount
----------------------------------------------------------------------------------------------------------------
****** *
Anti-microbial agents Trisodium phosphate.. To reduce microbial Raw, chilled poultry 8 to 12 percent;
levels. carcasses. solution to be
maintained at 45
deg. F. to 55 deg.
F. and applied by
spraying or dipping
carcasses for up to
15 seconds in
accordance with 21
CFR 182.1778.
****** *
----------------------------------------------------------------------------------------------------------------
Done at Washington, DC, on December 27, 1993.
Eugene Branstool,
Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-104 Filed 1-4-94; 8:45 am]
BILLING CODE 3410-DM-M
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