issue-1996-08-13•Federal Register final rules — 1996-08-13
Federal Register final rules — 1996-08-13
issue-1996-08-13Federal Register final rules — 1996-08-13Regulation
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. 96-20628 Special Conditions: Modified Avions Marcel DassaultBreguet Aviation Mystere-Falcon Model Fan Jet Falcon (Basic), Fan Jet Falcon Series D, E, and Mystere-Falcon 20-C5, 20-D5 and 20-E5 Airplanes; High Intensity Radiated Fields (HIRF)
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41949-41951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20628]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM-129; Special Conditions No. 25-ANM -119]
Special Conditions: Modified Avions Marcel Dassault--Breguet
Aviation Mystere-Falcon Model Fan Jet Falcon (Basic), Fan Jet Falcon
Series D, E, and Mystere-Falcon 20-C5, 20-D5 and 20-E5 Airplanes; High
Intensity Radiated Fields (HIRF)
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Avions Marcel
Dassault--Breguet Aviation Mystere-Falcon Model Fan Jet Falcon (Basic),
Fan Jet Falcon Series D, E, and Mystere-Falcon 20-C5, 20-D5 and 20-E5
airplanes modified by Rockwell Collins of Cedar Rapids, Iowa. These
airplanes will be equipped with a digital Electronic Flight Instrument
System (EFIS) that will perform critical functions. The applicable
regulations do not contain adequate or appropriate safety standards for
the protection of the EFIS from the effects of high-intensity radiated
fields (HIRF). These special conditions provide the additional safety
standards that the Administrator considers necessary to ensure that the
critical functions performed by this system are maintained when the
airplane is exposed to HIRF.
DATES: The effective date of these special conditions is August 6,
1996. Comments must be received on or before September 27, 1996.
ADDRESSES: Comments on these final special conditions, request for
comments, may be mailed in duplicate to: Federal Aviation
Administration, Office of the Assistant Chief Counsel, Attn: Rules
Docket (ANM-7), Docket No. NM-129, 1601 Lind Avenue SW.,
[[Page 41950]]
Renton, Washington, 98055-4056; or delivered in duplicate to the Office
of the Assistant Chief Counsel at the above address. Comments must be
marked ``Docket No. NM-129.'' Comments may be inspected in the Rules
Docket weekdays, except Federal holidays, between 7:30 a.m. and 4:00
p.m.
FOR FURTHER INFORMATION CONTACT:
Mark Quam, FAA, Standardization Branch, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98055-4056; telephone (206) 227-2145.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA has determined that good cause exists for making these
special conditions effective upon issuance; however, interested persons
are invited to submit such written data, views, or arguments as they
may desire. Communications should identify the regulatory docket and
special conditions number and be submitted in duplicate to the address
specified above. All communications received on or before the closing
date for comments will be considered by the Administrator. These
special conditions may be changed in light of the comments received.
All comments submitted will be available in the Rules Docket for
examination by interested persons, both before and after the closing
date for comments. A report summarizing each substantive public contact
with FAA personnel concerning this rulemaking will be filed in the
docket. Persons wishing the FAA to acknowledge receipt of their
comments submitted in response to this request must submit with those
comments a self-addressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. NM-129.'' The postcard will
be date stamped and returned to the commenter.
Background
On January 16, 1996, Rockwell Collins of Cedar Rapids, Iowa,
applied for an amendment to a supplemental type certificate to modify
the Avopms Marcel Dassault--Breguet Aviation Mystere-Falcon Model Fan
Jet Falcon (Basic), Fan Jet Falcon Series D, E, and Mystere-Falcon 20-
C5, 20-D5 and 20-E5 airplanes. The proposed amendment adds EFIS-86C(14)
(Electronic Flight Instrument System) applicability for the above
listed airplanes. The EFIS displays required flight critical
information and critical functions. The installation of the EFIS system
displaying critical functions is potentially vulnerable to high-
intensity radiated fields (HIRF) external to the airplane.
Supplemental Type Certification Basis
Under the provisions of Sec. 21.101 of the Federal Aviation
Regulations (FAR), Rockwell Collins, must show that the altered Avions
Marcel Dassault--Breguet Aviation Mystere-Falcon Model Fan Jet Falcon
(Basic), Fan Jet Falcon Series D, E, and Mystere-Falcon 20-C5, 20-D5
and 20-E5 airplanes continue to meet the applicable provisions of the
regulations incorporated by reference in Type Certificate No. A7EU, or
the applicable regulations in effect on the date of application for the
change. The regulations incorporated by reference in the type
certificate are commonly referred to as the ``original type
certification basis.''
The regulations incorporated by reference in Type Certificate No.
A7EU include the following for the Model Fan Jet Falcon (Basic), Fan
Jet Falcon Series D, E, and Mystere-Falcon 20-C5, 20-D5 and 20-E5
airplanes: Civil Aviation Regulations (CAR) 4b dated December 31, 1953,
including Amendments 4b-1 through 4b-12 and Special Regulation SR422B.
In addition, under Sec. 21.101(b)(1), the following sections of the FAR
apply to the EFIS installation: Secs. 25.1301(d), 25.1303 and 25.1322,
as amended by Amendment 25-38; and Secs. 25.1309, 25.1321 (a) (b) (d),
and (e), 25.1331, 25.1333, and 25.1335, as amended by Amendment 25-41.
These special conditions will form an additional part of the
supplemental type certification basis.
If the Administrator finds that the applicable airworthiness
regulations (i.e., part 25, as amended) do not contain adequate or
appropriate safety standards for the Avions Marcel Dassault--Breguet
Aviation Model Fan Jet Falcon (Basic), Fan Jet Falcon Series D, E, and
Mystere-Falcon 20-C5, 20-D5 and 20-E5 airplane because of a novel or
unusual design feature, special conditions are prescribed under the
provisions of Sec. 21.16 to establish a level of safety equivalent to
that established in the regulations.
Special conditions, as appropriate, are issued in accordance with
Sec. 11.49 of the FAR after public notice, as required by Secs. 11.28
and 11.29, and become part of the type certification basis in
accordance with Sec. 21.101(b)(2).
Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
the special conditions would also apply to the other model under the
provisions of Sec. 21.101(a)(1).
Discussion
There is no specific regulation that addresses protection
requirements for electrical and electronic systems from high-intensity
radiated fields (HIRF). Increased power levels from ground-based radio
transmitters, and the growing use of sensitive electrical and
electronic systems to command and control airplanes, have made it
necessary to provide adequate protection.
To ensure that a level of safety is achieved equivalent to that
intended by the regulations incorporated by reference, special
conditions are needed for the modified Model Fan Jet Falcon (Basic),
Fan Jet Falcon Series D, E, and Mystere-Falcon 20-C5, 20-D5 and 20-E5
airplanes that would require that the EFIS be designed and installed to
preclude component damage and interruption of function due to the
effects of HIRF.
High-Intensity Radiated Fields (HIRF)
With the trend toward increased power levels from ground-based
transmitters, plus the advent of space and satellite communications,
coupled with electronic command and control of the airplane, the
immunity of critical digital avionics systems, such as the EFIS, to
HIRF must be established.
It is not possible to precisely define the HIRF to which the
airplanes will be exposed in service. There is also uncertainty
concerning the effectiveness of airframe shielding for HIRF.
Furthermore, coupling of electromagnetic energy to cockpit-installed
equipment through the cockpit window apertures is undefined. Based on
surveys and analysis of existing HIRF emitters, an adequate level of
protection exists when compliance with the HIRF protection special
condition is shown with either paragraphs 1 or 2 below:
1. A minimum threat of 100 volts per meter peak electric field
strength from 10 KHz to 18 GHz.
a. The threat must be applied to the system elements and their
associated wiring harnesses without the benefit of airframe shielding.
b. Demonstration of this level of protection is established through
systems tests and analysis.
2. A threat external to the airframe of the following field
strengths for the frequency ranges indicated:
------------------------------------------------------------------------
Peak (V/ Average
Frequency M) (V/M)
------------------------------------------------------------------------
10 KHz-100 KHz...................................... 50 50
[[Page 41951]]
100 KHz-500 KHz..................................... 60 60
500 KHz-2000 KHz.................................... 70 70
2 MHz-30 MHz........................................ 200 200
30 MHz-70 MHz....................................... 30 30
70 MHz-100 MHz...................................... 30 30
100 MHz-200 MHz..................................... 150 33
200 MHz-400 MHz..................................... 70 70
400 MHz-700 MHz..................................... 4,020 935
700 MHz-1000 MHz.................................... 1,700 170
1 GHz-2 GHz......................................... 5,000 990
2 GHz-4 GHz......................................... 6,680 840
4 GHz-6 GHz......................................... 6,850 310
6 GHz-8 GHz......................................... 3,600 670
8 GHz-12 GHz........................................ 3,500 1,270
12 GHz-18 GHz....................................... 3,500 360
18 GHz-40 GHz....................................... 2,100 750
------------------------------------------------------------------------
As discussed above, these special conditions are applicable to the
Avions Marcel Dassault--Breguet Aviation Model Fan Jet Falcon (Basic),
Fan Jet Falcon Series D, E, and Mystere-Falcon 20-C5, 20-D5 and 20-E5
airplane, modified by Rockwell Collins. Should Rockwell Collins apply
at a later date for a supplemental type certificate to modify any other
model included on Type Certificate No. A7EU to incorporate the same
novel or unusual design feature, the special conditions would apply to
that model as well, under the provisions of Sec. 21.101(a)(1).
Conclusion
This action affects only certain unusual or novel design features
on Avions Marcel Dassault--Breguet Aviation Model Fan Jet Falcon
(Basic), Fan Jet Falcon Series D, E, and Mystere-Falcon 20-C5, 20-D5
and 20-E5 airplanes modified by Rockwell Collins. It is not a rule of
general applicability and affects only the applicant who applied to the
FAA for approval of this feature on this airplane.
The substance of these special conditions has been subjected to the
notice and comment procedure in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. For this reason, and because a
delay would significantly affect the certification of the airplane,
which is imminent, the FAA has determined that prior public notice and
comment are unnecessary and impracticable, and good cause exists for
adopting these special conditions immediately. Therefore, these special
conditions are being made effective upon issuance. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. app. 1344, 1348(c), 1352, 1354(a), 1355,
1421 through 1431, 1502, 1651(b)(2), 42 U.S.C. 1857f-10, 4321 et
seq.; E.O. 11514; and 49 U.S.C. (106)(g).
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the supplemental type certification basis for the Avions Marcel
Dassault--Bruguet Aviation Model Fan Jet Falcon (Basic), Fan Jet Falcon
Series D, E, and Mystere-Falcon 20-C5, 20-D5 and 20-E5 airplane, as
modified by Rockwell Collins.
1. Protection from Unwanted Effects of High-Intensity Radiated
Fields (HIRF). Each electrical and electronic system that performs
critical functions must be designed and installed to ensure that the
operation and operational capability of these systems to perform
critical functions are not adversely affected when the airplane is
exposed to high intensity radiated fields external to the airplane.
2. The following definition applies with respect to this special
condition:
Critical Function. Functions whose failure would contribute to or
cause a failure condition that would prevent the continued safe flight
and landing of the airplane.
Issued in Renton, Washington, on August 6, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service, ANM-100.
[FR Doc. 96-20628 Filed 8-12-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-20622 Wellton-Mohawk Irrigation Improvement Program
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Page 41949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20622]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 157 / Tuesday, August 13, 1996 /
Rules and Regulations
[[Page 41949]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 663
Wellton-Mohawk Irrigation Improvement Program
AGENCY: Natural Resources Conservation Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes obsolete regulations pertaining to the
Wellton-Mohawk Irrigation Improvement program. The Wellton-Mohawk
Irrigation Improvement program has not been in effect since 1987. The
Colorado River Salinity Control Program (CRSCP), which has been funded
since 1987, addresses the issue of salinity control in the entire
Colorado River Basin on agricultural lands. This approach replaced the
need to address salinity control in only the Wellton-Mohawk project
area by broadening efforts throughout the entire Colorado River basin.
Additionally, after review of this inactive program, this action is
being taken as part of the National Performance Review program to
eliminate unnecessary regulations and improve those that remain in
force.
EFFECTIVE DATE: August 13, 1996.
FOR FURTHER INFORMATION CONTACT:
Dave Mason, United States Department of Agriculture, Natural Resources
Conservation Service, Room 6032-S, P.O. Box 2890, Washington, D.C.
20013-2415, telephone (202) 720-1845.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not significant for the
purposes of Executive Order 12866, and, therefore, has not been
reviewed by the Office of Management and Budget (OMB).
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this final rule since NRCS is not required by 5 U.S.C.
553 or any other provision of law to publish a notice of final
rulemaking with respect to the subject matter of these determinations.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will not have a significant impact on the quality of the human
environment. Therefore, neither an Environmental Assessment nor an
Environmental Impact Statement is needed.
Executive Order 12778
This final rule has been reviewed in accordance with Executive
Order 12778. The provisions of the final rule do not preempt State
laws, are not retroactive, and do not involve administrative appeals.
Executive Order 12372
This program/activity is not subject to the provisions of Executive
Order 12372, which requires intergovernmental consultation with State
and local officials. See notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Paperwork Reduction Act
The amendments to 7 CFR part 1443 set forth in this final rule do
not contain information collections that require clearance by the
Office of Management and Budget under the provisions of 44 U.S.C. 35.
Background
This final rule removes 7 CFR part 663, pertaining to the Wellton-
Mohawk Irrigation Improvement program. The Wellton-Mohawk Irrigation
Improvement program has not been in effect since 1987 and the
regulations are obsolete.
List of Subjects in 7 CFR Part 663
Grant programs--natural resources, Irrigation, Soil conservation.
Accordingly, under the authority of 7 U.S.C. 2202 and 7 CFR
2.65(a)(14), 7 CFR part 663 is removed.
Signed at Washington, D.C. on August 6, 1996.
Pearlie S. Reed,
Associate Chief, Natural Resources Conservation Service.
[FR Doc. 96-20622 Filed 8-12-96; 8:45 am]
BILLING CODE 3410-16-M
Complete official Federal Register PDF
FR Doc. 96-20618 International Fisheries Regulations; 1996 Halibut Report No. 6
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41987-41988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20618]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 960111003-6068-03; I.D. 080796A]
International Fisheries Regulations; 1996 Halibut Report No. 6
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 41988]]
ACTION: Inseason action.
-----------------------------------------------------------------------
SUMMARY: The Assistant Administrator for Fisheries, NOAA, on behalf of
the International Pacific Halibut Commission (IPHC), publishes this
inseason action pursuant to IPHC regulations approved by the U.S.
Government to govern the Pacific halibut fishery. NMFS announces that
the Area 2A (off Washington, Oregon, and California) commercial halibut
fishery quota has been reached and both the directed commercial fishery
and the incidental halibut catch fishery during salmon trolling in Area
2A are closed for the remainder of 1996. This action is intended to
enhance the conservation of the Pacific halibut stock.
EFFECTIVE DATE: 1800 hrs, Pacific Daylight time, August 1, 1996, until
2400 hrs, Pacific local time, December 31, 1996.
FOR FURTHER INFORMATION CONTACT: Joe Scordino, 206-526-6140.
SUPPLEMENTARY INFORMATION: In the final regulations implementing the
Catch Sharing Plan (Plan) for Area 2A (61 FR 11337, March 20, 1996),
the commercial fishery for Pacific halibut in Area 2A was divided
between a directed halibut fishery with a quota of 91,052 lb (41.3
metric tons (mt) and an incidental halibut catch fishery during the
salmon troll fishery with a quota of 16,068 lb (7.3 mt). The Plan
stipulates that if the quota for the incidental catch fishery is not
harvested during the May and June salmon troll fishery, the remaining
quota will be made available to the directed halibut fishery on July 1.
Further, the Plan stipulates that if the quota for the directed halibut
fishery is not harvested by July 31 and the halibut quota for the
salmon troll fishery was not harvested during the May/June fishery,
then the landings of halibut caught incidentally during salmon troll
fisheries will be allowed effective August 1. The salmon troll fishery
closed June 30, 1996, and the remaining incidental Pacific halibut
catch of 8,066 lb (3.65 mt) was added to the directed commercial catch
limit (61 FR 39362, July 29, 1996).
Inseason Action
1996 Halibut Report No. 6
In accordance with the annual management measures for ocean salmon
fisheries (61 FR 20175, May 6, 1996), which stipulate the halibut
retention measures in the salmon troll fishery, NMFS is taking inseason
action to close the incidental halibut fishery because the Area 2A
commercial halibut quota has been reached. NMFS is also providing
notification of the closure of the directed halibut fishery by the
IPHC.
Dated: August 7, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-20618 Filed 8-12-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-20617 Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Adjustments from the U.S.-Canadian Border to Leadbetter Point, WA
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41988-41989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20617]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 660
[Docket No. 960126016-6121-04; I.D. 080596D]
Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; Inseason Adjustments from the U.S.-Canadian
Border to Leadbetter Point, WA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the possession and landing limit in the
commercial salmon fishery in the area from the U.S.-Canadian border to
Leadbetter Point, WA, was increased to 200 coho salmon per opening
beginning August 2, 1996. This adjustment is intended to increase
economic efficiency in the fishery. NMFS also announces that the bag
limit in the recreational salmon fishery in the area from the U.S.-
Canadian border to Cape Alava, WA, was decreased to one fish per day at
the opening of the season on August 5, 1996. This adjustment is
intended to prolong the season and provide fishing opportunity to a
larger number of recreational fishermen.
DATES: Modification of the commercial possession and landing limit is
effective 0001 hours local time, August 2, 1996, through 2400 hours
local time, September 30, 1996. Modification of the recreational bag
limit is effective 0001 hours local time, August 5, 1996, through 2400
hours local time, September 26, 1996. Comments will be accepted through
August 27, 1996.
ADDRESSES: Comments may be mailed to William Stelle, Jr., Director,
Northwest Region, NMFS (Regional Director), NOAA, 7600 Sand Point Way
NE., Seattle, WA 98115-0070. Information relevant to this action has
been compiled in aggregate form and is available for public review
during business hours at the office of the Regional Director.
FOR FURTHER INFORMATION CONTACT: William L. Robinson, 206-526-6140.
SUPPLEMENTARY INFORMATION: In the annual management measures for ocean
salmon fisheries (61 FR 20175, May 6, 1996), NMFS announced that the
1996 commercial fishery for all salmon except chinook salmon in the
area between the U.S.-Canadian border and Leadbetter Point, WA, would
open July 26, and fishing would follow a cycle of 3 days open and 4
days closed. The fishery would close the earlier of September 30 or
attainment of the 18,800 coho salmon quota. Each vessel would be able
to possess, land and deliver no more than 75 coho salmon per open
period.
The best available information on July 31 indicated that commercial
catches for the first open period totaled 3,100 coho salmon. The
preseason objective for the possession and landing limit was as a
catch-dampening measure to prevent exceeding the quota during the first
open period. Increasing the possession and landing limit to 200 coho
salmon per opening would increase economic efficiency and provide
additional harvest opportunity to commercial fishermen. This adjustment
would be effective starting with the second open period on August 2-4.
In the annual management measures, NMFS announced that the 1996
recreational fishery for all salmon except chinook salmon in the area
between the U.S.-Canadian border and Cape Alava, WA, would open August
5 and continue through the earlier of September 26 or attainment of the
5,800 coho salmon subarea quota. The bag limit would be two fish per
day.
Based on historical catch and effort levels available on July 31,
it is expected that the quota would be reached and the fishery would be
closed within 2 days of the season opening. Opening the season with an
adjusted bag limit of one fish per day will provide a longer season and
additional fishing opportunity to more recreational fishermen.
Modifications of limited retention regulations and recreational bag
limits are authorized by regulations at 50 CFR 660.409(b)(1)(ii) and
(iii). All other restrictions that apply to these fisheries remain in
effect as announced in the annual management measures.
The Regional Director consulted with representatives of the
Washington Department of Fish and Wildlife, Oregon Department of Fish
and Game, and Pacific Fishery Management Council regarding this action.
The State of Washington will manage the commercial and recreational
fisheries in State waters adjacent to these areas of the exclusive
economic zone consistent with this Federal action. As provided by the
inseason action procedures of 50
[[Page 41989]]
CFR 660.411, actual notice to fishermen of this action was given prior
to August 2, 1996 (reopening date of the commercial fishery between the
U.S.-Canadian border and Leadbetter Point, WA), and August 5, 1996
(opening date of the recreational fishery between the U.S.-Canadian
border and Cape Alava, WA), by telephone hotline number 206-526-6667 or
800-662-9825 and by U.S. Coast Guard Notice to Mariners broadcasts on
Channel 16 VHF-FM and 2182 kHz. Because of the need for immediate
action to adjust these fisheries in a timely manner, NMFS has
determined that good cause exists for this action to be issued without
affording a prior opportunity for public comment. This action does not
apply to other fisheries that may be operating in other areas.
Classification
This action is authorized by 50 CFR 660.409 and 660.411 and is
exempt from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 7, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-20617 Filed 8-12-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-20596 Schedule of Application Fees
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41966-41984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20596]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[Gen. Docket 86-285, FCC 96-332]
Schedule of Application Fees
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has amended its Schedule of Application Fees to
adjust the fees for processing applications and other filings. Section
8(b) of the Communications Act requires the Commission to adjust its
application fees every two years after October 1, 1991 to reflect the
net change in the Consumer Price Index for all Urban Consumers (CPI-U).
The increased fees reflect the net change in the CPI-U of 21.5 percent,
calculated from December 1989 to September 1995.
[[Page 41967]]
EFFECTIVE DATE: September 12, 1996.
FOR FURTHER INFORMATION CONTACT:
Regina Dorsey or Claudette Pride, Billings & Collections Branch, Office
of Managing Director at (202) 418-1995.
SUPPLEMENTARY INFORMATION:
Adopted: August 7, 1996
Released: August 7, 1996
1. By this action, the Commission amends its Schedule of
Application Fees, 47 CFR 1.1102 through 1.1107 to adjust the fees for
processing applications and other filings. Section 8(b) of the
Communications Act, as amended, requires that the Commission review and
adjust its application fees every two years after October 1, 1991 (47
U.S.C. 158(b)). The adjusted or increased fees reflect the net change
in the Consumer Price Index for all Urban Consumers (CPU-U) of 21.5
percent, calculated from December 1989 to September 1995. The
adjustments made to the fee schedule comport with the statutory formula
set forth in Section 8(b). Consistent with Section 8(b), the Commission
transmitted to Congress a 90-day advance notification of the fee
adjustments on June 11, 1996. If Congress interposes no objection to
the proposed increases within the 90 day period, the new fees will
become effective as set forth below.
2. Accordingly, it is ordered, that the Schedule of Application
Fees, 47 CFR Section 1.1102 through 1.1107 is amended as set forth
below, effective on September 12, 1996.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
47 CFR Part 1 is amended as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for Part 1 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 503(b)(5); 5 U.S.C. 552 and 21
U.S.C. 853a, unless otherwise noted.
Section 1.1102 is revised to read as follows:
Sec. 1.1102 Schedule of charges for applications and other filings in
the wireless telecommunications services.
----------------------------------------------------------------------------------------------------------------
Fee Payment type
Action FCC Form No. amount code Address
----------------------------------------------------------------------------------------------------------------
1. Marine Coast Radio Service:
a. New, Renewal............. 503........................... 105 PBMR Federal
Communications
Commission, Marine
Coast Service,
P.O. Box 358265,
Pittsburgh, PA
15251-5265.
b. Modification, Assignment, 503........................... 90 PBMM Federal
Nonprofit, (CMRS) Public Communications
Coast/New, Modification, Commission, Marine
Renewal. Coast Service,
P.O. Box 358770,
Pittsburgh, PA
15251-5770.
c. Automated Renewal........ 452R.......................... 105 PBMR Federal
Communications
Commission, Marine
Coast Renewal,
P.O. Box 358270,
Pittsburgh, PA
15251-5270.
2. Aviation Ground Radio
Service:
a. New, Renewal............. 406........................... 105 PBVR Federal
Communications
Commission,
Aviation Ground
Service, P.O. Box
358260,
Pittsburgh, PA
15251-5260.
b. Modification, Assignment, 406........................... 90 PBVM Federal
Nonprofit. Communications
Commission,
Aviation Ground
Service, P.O. Box
358765,
Pittsburgh, PA
15251-5765.
c. Automated Renewal........ 452R.......................... 105 PBVR Federal
Communications
Commission,
Aviation Ground
Renewal, P.O. Box
358270,
Pittsburgh, PA
15251-5270.
3. Ship Radio Service:
a. New, Renewal............. 506........................... 75 PASR Federal
Communications
Commission, Ship
Radio Service,
P.O. Box 358275,
Pittsburgh, PA
15251-5275.
b. Modification, Nonprofit.. 506........................... 45 PASM Federal
Communications
Commission, Ship
Radio Service,
P.O. Box 358775,
Pittsburgh, PA
15251-5775.
c. Exemption from Ship 820........................... 130 PDWM Federal
Station Requirement. Communications
Commission, Waiver
Requests, P.O. Box
358300,
Pittsburgh, PA
15251-5300.
d. Automated Renewal........ 405B.......................... 75 PASR Federal
Communications
Commission, Marine
Ship Renewal, P.O.
Box 358290,
Pittsburgh, PA
15251-5290.
4. Aircraft Radio Service:
a. New, Renewal............. 404........................... 75 PAAR Federal
Communications
Commission,
Aircraft Radio
Service, P.O. Box
358280,
Pittsburgh, PA
15251-5280.
b. Modification, Nonprofit.. 404........................... 45 PAAM Federal
Communications
Commission,
Aircraft Radio
Service, P.O. Box
358780,
Pittsburgh, PA
15251-5780.
c. Automated Renewal........ 405B.......................... 75 PAAR Federal
Communications
Commission,
Aviation Aircraft
Renewal, P.O. Box
358290,
Pittsburgh, PA
15251-5290.
5. Private Operational Fixed
Microwave Radio Service:
[[Page 41968]]
a. New, Renewal............. 402........................... 225 PEOR Federal
Communications
Commission,
Operational Fixed
Microwave Service,
P.O. Box 358250,
Pittsburgh, PA
15251-5250.
b. Modification, Assignment, 402........................... 190 PEOM Federal
Nonprofit. Communications
Commission,
Operational Fixed
Microwave Service,
P.O. Box 358760,
Pittsburgh, PA
15251-5760.
c. Automated Renewal........ 402R.......................... 225 PEOR Federal
Communications
Commission,
Operational Fixed
Microwave Service
Renewal, P.O. Box
358255,
Pittsburgh, PA
15251-5255.
6. Land Mobile Radio Services:
a. Land Transportation
Services:
(1) New, Renewal, 600........................... 60 PALR Federal
Reinstatement. Communications
Commission, Land
Transportation
Services, P.O. Box
358215,
Pittsburgh, PA
15251-5215.
(2) Modification, 600........................... 45 PALM Federal
Assignment, Nonprofit. Communications
Commission, Land
Transportation
Services, P.O. Box
358730,
Pittsburgh, PA
15251-5730.
b. Business Radio Service:
(1) (PMRS) New, Renewal, 600........................... 60 PALR Federal
Reinstatement. Communications
Commission,
Business Radio
Service, P.O. Box
358220,
Pittsburgh, PA
15251-5520.
(2) Modification, 600, 490...................... 45 PALM Federal
Assignment, Nonprofit, Communications
and (CMRS) New, Commission,
Renewal, Reinstatement. Business Radio
Service, P.O. Box
358735,
Pittsburgh, PA
15251-5735.
c. Other Industrial
Services:
(1) New, Renewal, 600........................... 60 PALR Federal
Reinstatement. Communications
Commission, Other
Industrial
Services, P.O. Box
358225,
Pittsburgh, PA
15251-5225.
(2) Modification, 600........................... 45 PALM Federal
Assignment, Nonprofit. Communications
Commission, Other
Industrial
Services, P.O. Box
358740,
Pittsburgh, PA
15251-5740.
d. 800 Megahertz Services:
(1) (PMRS) New, Renewal, 600........................... 80 PALS Federal
Reinstatement. Communications
Commission, 800
Megahertz
Services, P.O. Box
358235,
Pittsburgh, PA
15251-5235.
(2) Modification, 600, 490...................... 45 PALM Federal
Assignment, Nonprofit Communications
and (CMRS) New, Renewal Commission, 800
Reinstatement. Megahertz
Services, P.O. Box
358750,
Pittsburgh, PA
15251-5750.
e. 900 Megahertz Service:
(1) (PMRS) New, Renewal, 600........................... 80 PALS Federal
Reinstatement. Communications
Commission, 900
Megahertz
Services, P.O. Box
358240,
Pittsburgh, PA
15251-5240.
(2) Modification, 600, 490...................... 45 PALM Federal
Assignment, Nonprofit Communications
and (CMRS) New, Commission, 900
Renewal, Reinstatement. Megahertz
Services, P.O. Box
358755,
Pittsburgh, PA
15251-5755.
f. 470-512 Megahertz
Service:
(1) (PMRS) New, Renewal, 600........................... 80 PALS Federal
Reinstatement. Communications
Commission, 470-
512 Megahertz
Service, P.O. Box
358810,
Pittsburgh, PA
15251-5810.
(2) Modification, 600, 490...................... 45 PALM Federal
Assignment, Nonprofit Communications
and (CMRS) New, Commission, 470-
Renewal, Reinstatement. 512 Megahertz
Service, P.O. Box
358815,
Pittsburgh, PA
15251-5815.
g. 220 Megahertz Service
(Local):
(1) (PMRS) New, Renewal, 600........................... 80 PALS Federal
Reinstatement. Communications
Commission, 200
Megahertz Service
(Local), P.O. Box
358360,
Pittsburgh, PA
15251-5360.
(2) Modification, 600, 490...................... 45 PALM Federal
Assignment, Nonprofit Communications
and (CMRS) New, Commission, 220
Renewal, Reinstatement. Megahertz Service
(Local), P.O. Box
358790,
Pittsburgh, PA
15251-5790.
h. 220 Megahertz Service
(Nationwide):
(1) (PMRS) New, Renewal, 600........................... 115 PALT Federal
Reinstatement. Communications
Commission, 220
Megahertz Service
(Nationwide), P.O.
Box 358820,
Pittsburgh, PA
15251-5820.
(2) Modification, 600, 490...................... 45 PALM Federal
Assignment, Nonprofit Communications
and (CMRS) New, Commission, 220
Renewal, Reinstatement. Megahertz Service
(Nationwide), P.O.
Box 358825,
Pittsburgh, PA
15251-5825.
i. BUS, OI, LT, GMRS, 470- 574R/405A..................... 45 PALM Federal
512, 800, 900, 220 (Local), Communications
220 (Nationwide)- Nonprofit Commission, 574R/
Renewal; and PS/SE (for 405A Station
profit). Renewal, P.O. Box
358245,
Pittsburgh, PA
15251-5245.
[[Page 41969]]
j. BUS, OI, LT, GMRS, 574R/405A..................... 60 PALR Federal
Renewal. Communications
Commission, 574R/
405A Station
Renewal, P.O. Box
358245,
Pittsburgh, PA
15251-5245.
k. IVDS Renewal (Nonprofit). 574R/405A..................... 45 PAIM Federal
Communications
Commission, 574R/
405A Station
Renewal, P.O. Box
358245,
Pittsburgh, PA
15251-5245.
l. IVDS Renewal............. 574R/405A..................... 115 PAIR Federal
Communications
Commission, 574R/
405A Station
Renewal, P.O. Box
358245,
Pittsburgh, PA
15251-5245.
m. 220 (Nationwide) Renewal. 574R/405A..................... 115 PALT Federal
Communications
Commission, 574R/
405A Station
Renewal, P.O. Box
358245,
Pittsburgh, PA
15251-5245.
n. 470-512, 800, 900, 220 574R/405A..................... 80 PALS Federal
(Local) Renewal. Communications
Commission, 574R/
405A Station
Renewal, P.O. Box
358245,
Pittsburgh, PA
15251-5245.
7. Finders Preference........... 159 & Corres.................. 130 PDXM Federal
Communications
Commission,
Finders
Preference, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
8. STA (Common Carrier):
a. Point-to-Point Mircowave. 159 & Corres.................. 90 CEP Federal
Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
b. Local Television 159 & Corres.................. 90 CEP Federal
Transmission. Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
9. STA (Common Carrier):
a. Digital Electronic 159 & Corres.................. 90 CEL Federal
Message. Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
10. STA (BAPS).................. 159 & Corres.................. 125 MGA Federal
Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
11. STA (IVDS).................. 159 & Corres.................. 45 PAIM Federal
Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
12. STA (Coast)................. 159 & Corres.................. 125 PCMM Federal
Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
13. STA (Ground)................ 159 & Corres.................. 125 PCVM Federal
Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
14. STA (Microwave)............. 159 & Corres.................. 45 PAOM Federal
Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
15. STA (LM, GMRS).............. 159 & Corres.................. 45 PALM Federal
Communications
Commission,
Special Temporary
Authority, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
16. Corres. (Duplicate)......... 159 & Corres.................. 45 PADM Federal
Communications
Commission,
Duplicate, P.O.
Box 358305,
Pittsburgh, PA
15251-5305.
17. Corres. (Hearing)........... 159 & Corres.................. 8,215 PFHM Federal
Communications
Commission,
Hearing, P.O. Box
358305,
Pittsburgh, PA
15251-5305.
18. Corres. (Wait List)......... 159 & Corres.................. 45 PAWM Federal
Communications
Commission, Wait
List, P.O. Box
358305,
Pittsburgh, PA
15251-5305.
19. Corres. (Blanket Renewal) 159 & Corres.................. 45 PALM Federal
Land Mobile (Nonprofit). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
20. Corres. (Blanket Renewal) 159 & Corres.................. 45 PAIM Federal
IVDS (Nonprofit). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
21. Corres. (Blanket Renewal) 159 & Corres.................. 190 PEOM Federal
Microwave (Nonprofit). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
22. Corres. (Blanket Renewal) 159 & Corres.................. 90 PBVM Federal
Ground (Nonprofit). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
23. Corres. (Blanket Renewal) 159 & Corres.................. 90 PBMM Federal
Coast (Nonprofit). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
[[Page 41970]]
24. Corres. (Blanket Renewal) 159 & Corres.................. 45 PAAM Federal
Aircraft (Nonprofit). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
25. Corres. (Blanket Renewal) 159 & Corres.................. 45 PASM Federal
Ship (Nonprofit). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
26. Corres. (Blanket Renewal) 159 & Corres.................. 60 PALR Federal
BUS, OI, LT, GMRS. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
27. Corres. (Blanket Renewal) 159 & Corres.................. 80 PALS Federal
470-512, 800, 900, 220 (Local). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
28. Corres (Blanket Renewal) 220 159 & Corres.................. 115 PALT Federal
(Nationwide). Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
29. Corres (Blanket Renewal) 159 & Corres.................. 115 PAIR Federal
IVDS. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
30. Corres (Blanket Renewal) 159 & Corres.................. 225 PEOR Federal
Microwave. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
31. Corres (Blanket Renewal) 159 & Corres.................. 105 PBVR Federal
Ground. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
32. Corres (Blanket Renewal) 159 & Corres.................. 105 PBMR Federal
Coast. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
33. Corres (Blanket Renewal) 159 & Corres.................. 75 PAAR Federal
Aircraft. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
34. Corres (Blanket Renewal) 159 & Corres.................. 75 PASR Federal
Ship. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
35. Corres (Blanket Renewal) 159 & Corres.................. 190 CJPM Federal
Common Carrier. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
36. Corres (Blanket Renewal) 159 & Corres.................. 190 CJLM Federal
Common Carrier. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
37. Corres (Blanket Renewal) 159 & Corres.................. 45 MAAM Federal
BAPS. Communications
Commission,
Blanket Renewal,
P.O. Box 358305,
Pittsburgh, PA
15251-5305.
38. Interactive Video Data
Service:
a. New, Renewal............. 574........................... 115 PAIR Federal
Communications
Commission,
Interactive Video
Data Service, P.O.
Box 358365,
Pittsburgh, PA
15251-5365.
b. Modification............. 574........................... 45 PAIM Federal
Communications
Commission,
Interactive Video
Data Service, P.O.
Box 358795,
Pittsburgh, PA
15251-5795.
39. General Mobile Radio
Service:
a. New, Renewal............. 574........................... 60 PALR Federal
Communications
Commission,
General Mobile
Radio Service,
P.O. Box 358230,
Pittsburgh, PA
15251-5330.
b. Modification............. 574........................... 45 PALM Federal
Communications
Commission,
General Mobile
Radio Service,
P.O. Box 358745,
Pittsburgh, PA
15251-5745.
40. Commercial Radio Operators
Restricted Radiotelephone
Operator Permit and Restricted
Radiotelephone Operator Permit
(Limited Use):
a. New...................... 753, 755...................... 45 PARR Federal
Communications
Commission,
Restricted Permit,
P.O. Box 358295,
Pittsburgh, PA
15251-5295.
41. Commercial Radio Operators
Marine Radio Operator Permit,
GMDSS Radio Operator, GMDSS
Radio Maintainer, GMDSS Radio
Operator/Maintainer, First,
Second, Third Class
Radiotelegraph Operator:
a. Renewal.................. 756........................... 45 PACS Federal
Communications
Commission, Radio
Operator Permits,
P.O. Box 358805,
Pittsburgh, PA
15251-5805.
[[Page 41971]]
42. Transfer of Control......... 703, 490...................... 45 PATM Federal
Communications
Commission,
Transfer of
Control, P.O. Box
358310,
Pittsburgh, PA
15251-5805.
43. Point to Point Microwave &
Local Television Transmission
Service:
a.
FR Doc. 96-20596 Schedule of Application Fees
New Conditional or 494........................... 190 CJP Federal
Modified Conditional. Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
b. Certification of 494A.......................... 190 CJP Federal
Completion of Construction. Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
c. Renewal of License....... 405........................... 190 CJP Federal
Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
d. Assignment of 702........................... 70 CCP Federal
Authorization. Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
(1) Additional Stations. 702........................... 45 CAP Federal
Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
e. Transfer of Control...... 704........................... 70 CCP Federal
Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
(1) Additional Stations. 704........................... 45 CAP Federal
Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
f. Extension of Construction 701........................... 70 CCP Federal
Authority. Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
g. Request for Waiver of 159 & Corres.................. 90 CEP Federal
Prior Construction Communications
Authorization. Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
44. Digital Electronic Message
Service:
a. New Conditional or 494........................... 190 CJL Federal
Modified Conditional. Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
b. Certification of 494A.......................... 190 CJL Federal
Completion of Construction. Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
c. Renewal of License....... 405........................... 190 CJL Federal
Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
d. Assignment of 702........................... 70 CCL Federal
Authorization. Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
(1) Additional Stations. 702........................... 45 CAL Federal
Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
e. Transfer of Control...... 704........................... 70 CCL Federal
Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
(1) Additional Stations. 704........................... 45 CAL Federal
Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
f. Extension of Construction 701........................... 70 CCL Federal
Authority. Communications
Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
g. Request for Waiver of 159 & Corres.................. 90 CEL Federal
Prior Construction Communications
Authorization Requirement. Commission, Common
Carrier Domestic
Radio, P.O. Box
358680,
Pittsburgh, PA
15251-5680.
45. Broadcast Auxiliary Radio
Service:
a. New Modification......... 313........................... 105 MEA Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358700,
Pittsburgh, PA
15251-5700.
b. Renewal.................. 159/313R...................... 45 MAA Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358700,
Pittsburgh, PA
15251-5700.
46. Billing..................... Invoice....................... Various Various Federal
Communications
Commission,
Billings, P.O. Box
358325,
Pittsburgh, PA
15251-5325.
[[Page 41972]]
47. Amateur Vanity C/S.......... 610V.......................... 30 WAVR Federal
Communications
Commission,
Amateur Vanity,
P.O. Box 358924,
Pittsburgh, PA
15251-5924.
48. Electronic Filing:
a. LT, OI, BUS, GMRS, (PMRS) ELT........................... 60 PALR Federal
New, Renewal, Reinstatement. Communications
Commission,
Electronic Filing,
P.O. Box 358994,
Pittsburgh, PA
15251-5994.
b. Modification, Assignment, ELT........................... 45 PALM Federal
Nonprofit and (CMRS) New, Communications
Renewal, Reinstatement. Commission,
Electronic Filing,
P.O. Box 358994,
Pittsburgh, PA
15251-5994.
c. 220 MHZ (Local), 470-512, ELT........................... 80 PALS Federal
800, 900, (PMRS) New, Communications
Renewal, Reinstatement. Commission,
Electronic Filing,
P.O. Box 358994,
Pittsburgh, PA
15251-5994.
d. 220 (Nationwide), (PMRS) ELT........................... 115 PALT Federal
New, Renewal, Reinstatement. Communications
Commission,
Electronic Filing,
P.O. Box 358994,
Pittsburgh, PA
15251-5994.
e. IVDS New, Renewal, ELT........................... 115 PAIR Federal
Reinstatement. Communications
Commission,
Electronic Filing,
P.O. Box 358994,
Pittsburgh, PA
15251-5994.
49. Public Safety/Special 600........................... 45 PALM Federal
Emergency (for profit) New, Communications
Modification, Renewal, Commission, PS/SE
Reinstatement, Assignment. Services, P.O. Box
358285,
Pittsburgh, PA
15251-5285.
50. Paging and Radiotelephone
Stations:
a. New or Additional 600........................... 280 CMD Federal
Facility. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
b. Major Modification....... 600........................... 280 CMD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
c. Fill in Transmitters..... 489,600....................... 280 CMD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
d. Major Amendment to 600........................... 280 CMD Federal
Pending Application. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
e. Assignment or Transfer... 490........................... 280 CMD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
(1) Additional Call Sign 490........................... 45 CAD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
f. Partial Assignment....... 489, 490, 600................. 280 CMD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
g. Renewal.................. 159/405....................... 45 CAD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
h. Minor Modifications...... 489........................... 45 CAD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
i. Special Temporary 159 & Corres.................. 245 CLD Federal
Authority. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
j. Extension of Time to 600........................... 45 CAD Federal
Construct. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
k. Notice of Completion of 489........................... 45 CAD Federal
Construction. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
l. Auxiliary Test Station... 600........................... 245 CLD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
m. Subsidiary Communications 600........................... 125 CFD Federal
Service. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
n. Combining Call Signs..... 489........................... 245 CLD Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
o. 900 MHz Nationwide 159/405....................... 45 CAD Federal
Renewal Paging Network Communications
Organizer, Network Operator. Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
[[Page 41973]]
p. Air-Ground Individual 159/409....................... 45 CAD Federal
License--New, Renewal, Communications
Modification. Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
51. Cellular systems:
a. New, Additional Facility, 600........................... 280 CMC Federal
Major Modification. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358135,
Pittsburgh, PA
15251-5135.
b. Minor Modification....... 489........................... 75 CDC Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358135,
Pittsburgh, PA
15251-5135.
c. Assignment or Transfer... 490........................... 280 CMC Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358135,
Pittsburgh, PA
15251-5135.
d. Partial Assignment....... 489, 490, 600................. 280 CMC Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358135,
Pittsburgh, PA
15251-5135.
e. Renewal.................. 159/405....................... 45 CAC Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358135,
Pittsburgh, PA
15251-5135.
f. Extension of Time to 600........................... 45 CAC Federal
Complete Construction. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358135,
Pittsburgh, PA
15251-5135.
g. Special Temporary 600 or 159 & Corres........... 245 CLC Federal
Authority. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358135,
Pittsburgh, PA
15251-5135.
h. Combining Cellular 600........................... 65 CBC Federal
Geographic Service Areas Communications
(per system). Commission, Common
Carrier Land
Mobile, P.O. Box
358135,
Pittsburgh, PA
15251-5135.
52. Rural Radio:
a. New, Additional Facility 600........................... 130 CGR Federal
or Major Modification, Communications
Major Amendment to a Commission, Common
Pending Application. Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
b. Minor Modification....... 489........................... 45 CAR Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
c. Assignment or Transfer 490........................... 130 CGR Federal
First Call Sign. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
(1) Each Additional Call 490........................... 45 CAR Federal
Sign. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
(2) Partial Assignment 489, 490, 600................. 130 CGR Federal
(per call sign). Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
d. Renewal (per call sign).. 159/405....................... 45 CAR Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
e. Extension of Time to 600........................... 45 CAR Federal
Construct. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
f. Notice of Completion of 489........................... 45 CAR Federal
Construction. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
g. Special Temporary 159 & Corres.................. 245 CLR Federal
Authority. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
h. Combining Call Signs..... 489........................... 245 CLR Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
i. Auxiliary Test Station... 600........................... 245 CLR Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
53. Offshore Radio Service:
a. New, Additional Facility, 600........................... 130 CGF Federal
Major Modification, (per Communications
transmitter). Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
b. Fill in Transmitters (per 489, 600...................... 130 CGF Federal
transmitter). Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
c. Major Amendment to a 600........................... 130 CGF Federal
Pending Application (per Communications
transmitter). Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
[[Page 41974]]
d. Minor Modification (per 489........................... 45 CAF Federal
transmitter). Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
e. Assignment of Transfer:
(1) First Call Sign..... 490........................... 130 CGF Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
(2) Each Additional Call 490........................... 45 CAF Federal
Sign. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
(3) Partial Assignment 489, 490, 600................. 130 CGF Federal
(per call sign). Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
f. Renewal (per call sign).. 159/405....................... 45 CAF Federal
Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
g. Extension of Time to 600........................... 45 CAF Federal
Construct (per Application). Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
h. Notice of Completion of 489........................... 45 CAF Federal
Construction (per Communications
Application. Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
i. Special Temporary 159 & Corres.................. 245 CLF Federal
Authority. Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
j. Combining Call Signs (per 489........................... 245 CLF Federal
call sign). Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
k. Auxiliary Test Station 159 & 401..................... 245 CLF Federal
(per transmitter). Communications
Commission, Common
Carrier Land
Mobile, P.O. Box
358130,
Pittsburgh, PA
15251-5130.
----------------------------------------------------------------------------------------------------------------
3. Section 1.1103 is revised to read as follows:
Sec. 1.1103 Schedule of charges for equipment authorization,
experimental radio services, ship inspections and international
telecommunications settlements.
----------------------------------------------------------------------------------------------------------------
Fee Payment type
Action FCC Form No. amount code Address
----------------------------------------------------------------------------------------------------------------
1. Certification:
a. Receivers (except TV and 731........................... 350 EEC Federal
FM). Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
b. All Other Devices........ 731........................... 895 EGC Federal
Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
c. Modifications and Class 731........................... 45 EAC Federal
II Permissive Changes. Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
d. Request for 731 or 159 & Corres........... 130 EBC Federal
Confidentiality. Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
2. Type Acceptance:
a. All Devices.............. 731........................... 450 EFT Federal
Communications
FR Doc. 96-20596 Schedule of Application Fees
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
b. Modifications and Class 731........................... 45 EAT Federal
II Permissive Changes. Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
c. Request for 731 or 159 & Corres........... 130 EBT Federal
Confidentiality. Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
3. Notifications (All Devices).. 731........................... 140 ECN Federal
Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
4. Advance Approval for 159 & Corres.................. 2,740 EIS Federal
Subscription TV System. Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
[[Page 41975]]
a. Request for 159 & Corres.................. 130 EBS Federal
Confidentiality. Communications
Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
5. Assignment of Applicant Code:
a. New applicants for all 159 & Corres.................. 45 EAG Federal
application types except Communications
Subscription TV. Commission,
Equipment Approval
Services, P.O. Box
358315,
Pittsburgh, PA
15251-5315.
6. Experimental Radio Service:
a. New Station Authorization 442........................... 45 EAE Federal
Communications
Commission,
Equipment Approval
Services, P.O. Box
358320,
Pittsburgh, PA
15251-5320.
b. Modification of 442........................... 45 EAE Federal
Authorization. Communications
Commission,
Equipment Approval
Services, P.O. Box
358320,
Pittsburgh, PA
15251-5320.
c. Renewal of Station 405........................... 45 EAE Federal
Authorization. Communications
Commission,
Equipment Approval
Services, P.O. Box
358320,
Pittsburgh, PA
15251-5320.
d. Assignment or Transfer of 702 or 703.................... 45 EAE Federal
Control. Communications
Commission,
Equipment Approval
Services, P.O. Box
358320,
Pittsburgh, PA
15251-5320.
e. Special Temporary 159 & Corres.................. 45 EAE Federal
Authority. Communications
Commission,
Equipment Approval
Services, P.O. Box
358320,
Pittsburgh, PA
15251-5320.
f. Additional fee required 159 & Corres.................. 45 EAE Federal
for any of the above Communications
applications that request Commission,
confidentiality. Equipment Approval
Services, P.O. Box
358320,
Pittsburgh, PA
15251-5320.
7. Ship Inspections:
a. Passenger Vessel Under 801........................... 390 FCS Federal
Title III, Part III. Communications
Commission, P.O.
Box 358110,
Pittsburgh, PA
15251-5110.
b. Oceangoing Vessel Under 801........................... 755 FFS Federal
Title III, Part II. Communications
Commission, P.O.
Box 358110,
Pittsburgh, PA
15251-5110.
c. Vessels Under the Great 801........................... 110 FDS Federal
Lakes Agreement. Communications
Commission, P.O.
Box 358110,
Pittsburgh, PA
15251-5110.
d. Vessels Under the Safety 801........................... 660 FES Federal
of Life at Sea (SOLAS) Communications
Convention. Commission, P.O.
Box 358110,
Pittsburgh, PA
15251-5100.
e. Temporary Waiver of 159 & Corres.................. 75 FBS Federal
Inspection. Communications
Commission, P.O.
Box 358110,
Pittsburgh, PA
15251-5110.
8. International 99............................ 2 IAT Licensees will be
Telecommunications Settlements billed.
Administrative Fee for
Collections (per line item).
----------------------------------------------------------------------------------------------------------------
4. Section 1.1104 is revised to read as follows:
Sec. 1.1104 Schedule of charges for applications and other filings in
the mass media services.
----------------------------------------------------------------------------------------------------------------
Fee Payment type
Action FCC Form No. amount code Address
----------------------------------------------------------------------------------------------------------------
1. Commercial Television
Stations:
a. New or Major Change 301........................... 3,080 MVT Federal
Construction Permit. Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
b. Minor Change............. 301........................... 690 MPT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
c. New License.............. 302/302-TV.................... 210 MJT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
d. License Renewal.......... 303-S......................... 125 MGT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
e. License Agreement:
(1) Long Form........... 314........................... 690 MPT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
(2) Short Form.......... 316........................... 100 MDT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
[[Page 41976]]
f. Transfer of Control:
(1) Long Form........... 315........................... 690 MPT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
(2) Short Form.......... 316........................... 100 MDT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
g. Hearing (New and Major or 159 & Corres.................. 8,215 MWT Federal
minor change comparative Communications
construction permit Commission, Mass
hearings; comparative Media Services,
license renewal hearings). P.O. Box 358170,
Pittsburgh, PA
15251-5170.
h. Call Sign................ 159 & Corres.................. 70 MBT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
i. Extension of Time to 307........................... 245 MKT Federal
Construct or Replacement of Communications
Construction Permit. Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
j. Special Temporary 159 & Corres.................. 125 MGT Federal
Authority. Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
k. Petition for Rulemaking 301/302/302-TV................ 1,905 MRT Federal
for New Community of Communications
License. Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
i. Ownership Report......... 323........................... 45 MAT Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358180,
Pittsburgh, PA
15251-5180.
2. Commercial AM Radio Stations:
a. New or Major Change 301........................... 2,740 MUR Federal
Construction Permit. Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
b. Minor Change............. 301........................... 690 MPR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
c. New License.............. 302-AM........................ 450 MMR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
d. AM Directional Antenna... 302-AM........................ 520 MOR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
e. AM Remote Control........ 301-A/301..................... 45 MAR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
f. License Renewal.......... 303-S......................... 125 MGR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
g. License Assignment:
(1) Long Form........... 314........................... 690 MPR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
(2) Short Form.......... 316........................... 100 MDR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
h. Transfer of Control:
(1) Long Form........... 315........................... 690 MPR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
(2) Short Form.......... 316........................... 100 MDR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
i. Hearing (New and major/ 159 & Corres.................. 8,215 MWR Federal
minor change comparative Communications
construction permit Commission, Mass
hearings; comparative Media Services,
license renewal hearings). P.O. Box 358170,
Pittsburgh, PA
15251-5170.
j. Call Sign................ 159 & Corres.................. 70 MBR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
k. Extension of Time to 307........................... 245 MKR Federal
Construct or Replacement of Communications
Construction Permit. Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
l. Special Temporary 159 & Corres.................. 125 MGR Federal
Authority. Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
[[Page 41977]]
m. Ownership Report......... 323........................... 45 MAR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358180,
Pittsburgh, PA
15251-5180.
3. Commercial FM Radio Stations:
a. New or Major Change 301........................... 2,470 MTR Federal
Construction Permit. Communications
Commission, Mass
Media Services,
P.O. Box 358195,
Pittsburgh, PA
15251-5195.
b. Minor Change............. 301........................... 690 MPR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358195,
Pittsburgh, PA
15251-5195.
c. New License.............. 302-FM........................ 140 MHR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358195,
Pittsburgh, PA
15251-5195.
d. FM Directional Antenna... 302-FM........................ 435 MLR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358195,
Pittsburgh, PA
15251-5195.
e. License Renewal.......... 303-S......................... 125 MGR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
f. License Assignment:
(1) Long Form........... 314........................... 690 MPR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
(2) Short Form.......... 316........................... 100 MDR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
g. Transfer of Control:
(1) Long Form........... 315........................... 690 MPR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
(2) Short Form.......... 316........................... 100 MDR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
h. Hearing (New and major/ 159 & Corres.................. 8,215 MWR Federal
minor change comparative Communications
construction permit Commission, Mass
hearings; comparative Media Services,
license renewal hearings). P.O. Box 358170,
Pittsburgh, PA
15251-5170.
i. Call Sign................ 159 & Corres.................. 70 MBR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
j. Extension of Time to 307........................... 245 MKR Federal
Construct or Replacement of Communications
Construction Permit. Commission, Mass
Media Services,
P.O. Box 358195,
Pittsburgh, PA
15251-5195.
k. Special Temporary 159 & Corres.................. 125 MGR Federal
Authority. Communications
Commission, Mass
Media Services,
P.O. Box 358195,
Pittsburgh, PA
15251-5195.
l. Petition for Rulemaking 301/302-FM.................... 1,905 MRR Federal
for New Community of Communications
License or Higher Class Commission, Mass
Channel. Media Services,
P.O. Box 358195,
Pittsburgh, PA
15251-5195.
m. Ownership Report......... 323........................... 45 MAR Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358180,
Pittsburgh, PA
15251-5180.
4. FM Translators:
a. New or Major Change 349........................... 520 MOF Federal
Construction Permit. Communications
Commission, Mass
Media Services,
P.O. Box 358200,
Pittsburgh, PA
15251-5200.
b. New License.............. 350........................... 105 MEF Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358200,
Pittsburgh, PA
15251-5200.
c. License Renewal.......... 303-S......................... 45 MAF Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358190,
Pittsburgh, PA
15251-5190.
d. Special Temporary 159 & Corres.................. 125 MGF Federal
Authority. Communications
Commission, Mass
Media Services,
P.O. Box 358200,
Pittsburgh, PA
15251-5200.
e. License Assignment....... 345/316, 315/314.............. 100 MDF Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
f. Transfer of Control...... 345/316, 315/314.............. 100 MDF Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
5. TV Translators and LPTV
Stations:
[[Page 41978]]
a. New or Major Change 346........................... 520 MOL Federal
Construction Permit. Communications
Commission, Mass
Media Services,
P.O. Box 358185,
Pittsburgh, PA
15251-5185.
b. New License.............. 347........................... 105 MEL Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358185,
Pittsburgh, PA
15251-5185.
c. License Renewal.......... 303-S......................... 45 MAL Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358165,
Pittsburgh, PA
15251-5165.
d. Special Temporary 159 & Corres.................. 125 MGL Federal
Authority. Communications
Commission, Mass
Media Services,
P.O. Box 358185,
Pittsburgh, PA
15251-5185.
e. License Assignment....... 345/316, 315/314.............. 100 MDL Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
f. Transfer of Control...... 345/316, 315/314.............. 100 MDL Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358350,
Pittsburgh, PA
15251-5350.
6. FM Booster Stations:
a. New or Major Change 349........................... 520 MOF Federal
Construction Permit. Communications
Commission, Mass
Media Services,
P.O. Box 358200,
Pittsburgh, PA
15251-5200.
b. New License.............. 350........................... 105 MEF Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358200,
Pittsburgh, PA
15251-5200.
c. Special Temporary 159 & Corres.................. 125 MGF Federal
Authority. Communications
Commission, Mass
Media Services,
P.O. Box 358200,
Pittsburgh, PA
15251-5200.
7. TV Booster Stations:
a. New or Major Change 346........................... 520 MOF Federal
Construction Permit. Communications
Commission, Mass
Media Services,
P.O. Box 358185,
Pittsburgh, PA
15251-5185.
b. New License.............. 347........................... 105 MEF Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358185,
Pittsburgh, PA
15251-5185.
c. Special Temporary 159 & Corres.................. 125 MGF Federal
Authority. Communications
Commission, Mass
Media Services,
P.O. Box 358185,
Pittsburgh, PA
15251-5185.
8. Multipoint Distribution
Service (including multichannel
MDS):
a. Conditional License...... 304........................... 190 CJM Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358155,
Pittsburgh, PA
15251-5155.
b. Major Modification of 304........................... 190 CJM Federal
Conditional Licenses or Communications
License Authorization. Commission, Mass
Media Services,
P.O. Box 358155,
Pittsburgh, PA
15251-5155.
c. Certificate of Completion 494-A/304-A................... 555 CPM Federal
of Construction. Communications
Commission, Mass
Media Services,
P.O. Box 358155,
Pittsburgh, PA
15251-5155.
d. License Renewal.......... 405........................... 190 CJM Federal
Communications
Commission, Mass
Media Services,
P.O. Box 358155,
Pittsburgh, PA
15251-5155.
e. Assignment or Transfer:
(1) First Station 702/704....................... 70 CCM Federal
Application. Communications
Commission, Mass
Media Services,
P.O. Box 358155,
Pittsburgh, PA
15251-5155.
(2) Each Additional 702/704....................... 45 CAM Federal
Station. Communications
Commission, Mass
Media Services,
P.O. Box 358155,
Pittsburgh, PA
15251-5155.
f. Extension of Construction 701........................... 140 CHM Federal
Authorization. Communications
Commission, Mass
Media Services,
P.O. Box 358155,
Pittsburgh, PA
15251-5155.
g. Special Temporary 159 & Corres.................. 90 CEM Federal
Authority or Request for Communications
Waiver of Prior Commission, Mass
Construction Authorization. Media Services,
P.O. Box 358155,
Pittsburgh, PA
15251-5155.
----------------------------------------------------------------------------------------------------------------
5. Section 1.1105 is revised to read as follows:
[[Page 41979]]
Sec. 1.1105 Schedule of charges for applications and other filings in
the common carrier services.
----------------------------------------------------------------------------------------------------------------
Fee Payment type
Action FCC Form No.
FR Doc. 96-20596 Schedule of Application Fees
amount code Address
----------------------------------------------------------------------------------------------------------------
1. All Common Carrier Services:
a. Hearing (Comparative New 159 & Corres.................. 8,215 BHZ Federal
or Modifications). Communications
Commission, Common
Carrier
Enforcement, P.O.
Box 358120,
Pittsburgh, PA
15251-5120.
b. Developmental Authority
(Same charge as regular
authority in service unless
otherwise indicated)
c. Formal Complaints Filing 159 & Corres.................. 150 CIZ Federal
Fee. Communications
Commission, Common
Carrier
Enforcement, P.O.
Box 358120,
Pittsburgh, PA
15251-5120.
2. Domestic 214 Applications:
a. Domestic Cable 159 & Corres.................. 745 CUT Federal
Construction. Communications
Commission, Common
Carrier Network
Services, P.O. Box
358145,
Pittsburgh, PA
15251-5145.
b. Other.................... 159 & Corres.................. 745 CUT Federal
Communications
Commission, Common
Carrier Network
Services, P.O. Box
358145,
Pittsburgh, PA
15251-5145.
3. Telephone Equipment 159 & 730..................... 190 CJQ Federal
Registration. Communications
Commission, Common
Carrier Network
Services, P.O. Box
358145,
Pittsburgh, PA
15251-5145.
4. Tariff Filings:
a. Filing Fees.............. 159 & Corres.................. 600 CQK Federal
Communications
Commission, Common
Carrier Tariff
Filings, P.O. Box
358150,
Pittsburgh, PA
15251-5150.
b. Special Permission Filing 159 & Corres.................. 600 CQK Federal
(per filing) (waiver of any Communications
rule in Part 61 of the Commission, Common
Commission's rules). Carrier Tariff
Filings, P.O. Box
358150,
Pittsburgh, PA
15251-5150.
c. Waiver of Part 69 Tariff 159 & Corres.................. 600 CQK Federal
Rules. Communications
Commission, Common
Carrier Tariff
Filings, P.O. Box
358150,
Pittsburgh, PA
15251-5150.
5. Accounting and Audits:
a. Field Audits............. N/A........................... 75,680 BLA Carriers will be
billed.
b. Review of Attest Audit... N/A........................... 41,310 BMA Carriers will be
billed.
c. Review of Depreciation 159 & Written Study........... 25,015 BKA Federal
Update Study (single state). Communications
Commission,
Accounting and
Audits, P.O. Box
358140,
Pittsburgh, PA
15251-5140.
(1) Each Additional Same as 5c.................... 830 CVA Federal
State. Communications
Commission,
Accounting and
Audits, P.O. Box
358140,
Pittsburgh, PA
15251-5140.
d. Interpretation of 159 & Corres.................. 3,510 BCA Federal
Accounting Rules (per Communications
request). Commission,
Accounting and
Audits, P.O. Box
358140,
Pittsburgh, PA
15251-5140.
e. Petition for Waiver (per 159 & Corres.................. 5,665 BEA Federal
petition) (waiver of Part Communications
69 rules and Part 32 Commission,
accounting rules, Part 36 Accounting and
separation rules, Part 43 Audits, P.O. Box
reporting requirements, 358140,
Part 64 cost allocation Pittsburgh, PA
rules, Part 65 rate of 15251-5140.
return & rate base rules.
----------------------------------------------------------------------------------------------------------------
6. Section 1.1106 is revised to read as follows:
Sec. 1.1106 Schedule of charges for applications and other filings in
the cable television services.
----------------------------------------------------------------------------------------------------------------
Fee Payment type
Action FCC Form No. amount code Address
----------------------------------------------------------------------------------------------------------------
1. CARS Construction Permit..... 327........................... 190 TIC Federal
Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
2. CARS Modification............ 327........................... 190 TIC Federal
Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
3. CARS License Renewal......... 327........................... 190 TIC Federal
Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
[[Page 41980]]
4. CARS License Agreement....... 327........................... 190 TIC Federal
Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
5. CARS Transfer of Control..... 327........................... 190 TIC Federal
Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
6. Special Temporary 159 & Corres.................. 125 TGC Federal
Authorization. Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
7. Cable Special Relief......... 159 & Corres.................. 960 TQC Federal
Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
8. 76.12 Registration Statement. 159 & Corres.................. 45 TAC Federal
Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
9. Aeronautical Frequency Usage 159 & Corres.................. 45 TAC Federal
Notification. Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
10. Aeronautical Frequency Usage 159 & Corres.................. 45 TAC Federal
Waiver. Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
11. Pole Attachment Complaints 159 & Corres.................. 150 TPC Federal
Filing Fee. Communications
Commission, Cable
Services Bureau,
P.O. Box 358205,
Pittsburgh, PA
15251-5205.
----------------------------------------------------------------------------------------------------------------
7. Section 1.1107 is revised to read as follows:
Sec. 1.1107 Schedule of charges for applications and other filings in
the international services.
----------------------------------------------------------------------------------------------------------------
Fee Payment type
Action FCC Form No. amount code Address
----------------------------------------------------------------------------------------------------------------
1. International Fixed Public
Radio (Public & Control
Stations):
a. Initial Construction 159 & 407..................... 620 CSN Federal
Permit (per station). Communications
Commission,
International
Bureau, Fixed
Public Radio, P.O.
Box 358160,
Pittsburgh, PA
15251-5160.
b. Assignment or Transfer 702 or 704.................... 620 CSN Federal
(per application). Communications
Commission,
International
Bureau, Fixed
Public Radio, P.O.
Box 358160,
Pittsburgh, PA
15251-5160.
c. Renewal (per license).... 405........................... 450 CON Federal
Communications
Commission,
International
Bureau, Fixed
Public Radio, P.O.
Box 358160,
Pittsburgh, PA
15251-5160.
d. Modification (per 159 & 403..................... 450 CON Federal
station). Communications
Commission,
International
Bureau, Fixed
Public Radio, P.O.
Box 358160,
Pittsburgh, PA
15251-5160.
e. Extension of Construction 701........................... 225 CKN Federal
Authorization (per station). Communications
Commission,
International
Bureau, Fixed
Public Radio, P.O.
Box 358160,
Pittsburgh, PA
15251-5160.
f. Special Temporary 159 & Corres.................. 225 CKN Federal
Authority or Request for Communications
Waiver (per request). Commission,
International
Bureau, Fixed
Public Radio, P.O.
Box 358160,
Pittsburgh, PA
15251-5160.
2. Section 214 Applications:
a. Overseas Cable 159 & Corres.................. 11,090 BIT Federal
Construction. Communications
Commission,
International
Bureau,
Telecommunications
, P.O. Box 358115,
Pittsburgh, PA
15251-5115.
b. Cable Landing License:
(1) Common Carrier...... 159 & Corres.................. 1,250 CXT Federal
Communications
Commission,
International
Bureau,
Telecommunications
, P.O. Box 358115,
Pittsburgh, PA
15251-5115.
(2) Non-Common Carriers. 159 & Corres.................. 12,335 BJT Federal
Communications
Commission,
International
Bureau,
Telecommunications
, P.O. Box 358115,
Pittsburgh, PA
15251-5115.
c. All other International 159 & Corres.................. 745 CUT Federal
214 Applications. Communications
Commission,
International
Bureau,
Telecommunications
, P.O. Box 358115,
Pittsburgh, PA
15251-5115.
d. Special Temporary 159 & Corres.................. 745 CUT Federal
Authority (all services). Communications
Commission,
International
Bureau,
Telecommunications
, P.O. Box 358115,
Pittsburgh, PA
15251-5115.
[[Page 41981]]
e. Assignments or Transfers 159 & Corres.................. 745 CUT Federal
(all services). Communications
Commission,
International
Bureau,
Telecommunications
, P.O. Box 358115,
Pittsburgh, PA
15251-5115.
3. Fixed Satellite Transmit/
Receive Earth Stations:
a. Initial Application (per 159 & 493..................... 1,855 BAX Federal
station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
b. Modification of License 159 & 493..................... 130 CGX Federal
(per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
c. Assignment or Transfer:
(1) First Station on 702 & 704..................... 365 CNX Federal
Application. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
(2) Each Additional Same as 10c(i)................ 125 CFX Federal
Station. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
d. Developmental Station 159 & 493..................... 1,215 CWX Federal
(per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
e. Renewal of License (per 405........................... 130 CGX Federal
station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
f. Special Temporary 159 & Corres.................. 130 CGX Federal
Authority or Waiver of Communications
Prior Construction Commission,
Authorization (per request). International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
g. Amendment of Application 159 & Corres.................. 130 CGX Federal
(per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
h. Extension of Construction 701........................... 130 CGX Federal
Permit (per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
4. Fixed Satellite Small
Transmit/Receive Earth Stations
(2 meters or less operating in
the 4/6 GHz frequency band):
a. Lead Application......... 159 & 493..................... 4,110 BDS Federal
Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
b. Routine Application (per 159 & 493..................... 45 CAS Federal
station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
c. Modification of License 159 & 493..................... 130 CGS Federal
(per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
d. Assignment or Transfer:
(1) First Station on 702 or 704.................... 365 CNS Federal
Application. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
(2) Each additional 702 or 705.................... 45 CAS Federal
station. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
e. Developmental Station 159 & 493..................... 1,215 CWS Federal
(per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
f. Renewal of License (per 405........................... 130 CGS Federal
station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
g. Special Temporary 159 & Corres.................. 130 CGS Federal
Authority or Waiver of Communications
Prior Construction Commission,
Authorization (per request). International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
h. Amendment of Application 159 & Corres.................. 130 CGS Federal
(per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
i. Extension of Construction 701........................... 130 CGS Federal
Permit (per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
5. Receive Only Earth Stations:
a. Initial Application for 159 & 493..................... 280 CMO Federal
Registration. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
[[Page 41982]]
b. Modification of License 159 & 493..................... 130 CGO Federal
or Registration (per Communications
station). Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
c. Assignment or Transfer:
(1) First Station on 702 & 704..................... 365 CNO Federal
Application. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
(2) Each Additional Same as 12c(i)................ 125 CFO Federal
Station. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
d. Renewal of License (per 405........................... 130 CGO Federal
station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
e. Amendment of Application. 159 & Corres.................. 130 CGO Federal
Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
f. Extension of Construction 701........................... 130 CGO Federal
Permit (per station). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
g. Waivers (per request).... 159 & Corres.................. 130 CGO Federal
Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
6. Fixed Satellite Very Small
Aperture Terminal (VSAT)
Systems:
a. Initial Application (per 159 & 493..................... 6,840 BGV Federal
system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
b. Modification of License 159 & 493..................... 130 CGV Federal
(per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
c. Assignment or Transfer of 702 & 704..................... 1,830 CZV Federal
System. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
d. Development Station...... 159 & 493..................... 1,215 CWV Federal
Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
e. Renewal of License (per 159 & 405..................... 130 CGV Federal
system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
f. Special Temporary 159 & Corres.................. 130 CGV Federal
Authority or Waiver of Communications
Prior Construction Commission,
Authorization (per request). International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
g. Amendment of Application 159 & Corres.................. 130 CGV Federal
(per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
h. Extension of Construction 159 & 701..................... 130 CGV Federal
Permit (per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
7. Mobile Satellite Earth
Stations:
a. Initial Application of 159 & 493..................... 6,840 BGB Federal
Blanket Authorization. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
b. Initial Application for 159 & 493..................... 130 CYB Federal
Individual Earth Station. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
FR Doc. 96-20596 Schedule of Application Fees
15251-5160.
c. Modification of License 159 & 493..................... 130 CGB Federal
(per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
d. Assignment or Transfer 159 & 702 or 159 & 704........ 1,830 CZB Federal
(per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
e. Developmental Station.... 159 & 493..................... 1,215 CWB Federal
Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
f. Renewal of License (per 159 & 405..................... 130 CGB Federal
system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
g. Special Temporary 159 & Corres.................. 130 CGB Federal
Authority or Waiver of Communications
Prior Construction Commission,
Authorization (per request). International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
[[Page 41983]]
h. Amendment of Application 159 & Corres.................. 130 CGB Federal
(per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
i. Extension Construction 159 & 701..................... 130 CGB Federal
Permit (per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
8. Radio Determination Satellite
Earth Stations:
a. Initial Application of 159 & 493..................... 6,840 BGH Federal
Blanket Authorization. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
b. Initial Application for 159 & 493..................... 1,645 CYH Federal
Individual Earth Station. Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
c. Modification of License 159 & 493..................... 130 CGH Federal
(per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
d. Assignments or Transfer 159 & 702 or 159 & 704........ 1,830 CZH Federal
(per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
e. Developmental Station.... 159 & 493..................... 1,215 CWH Federal
Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
f. Renewal of License (per 159 & 405..................... 130 CGH Federal
system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
g. Special Temporary 159 & Corres.................. 130 CGH Federal
Authority or Waiver of Communications
Prior Construction Commission,
Authorization (per request). International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
h. Amendment of Application 159 & Corres.................. 130 CGH Federal
(per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
i. Extension of Construction 159 & 701..................... 130 CGH Federal
Permit (per system). Communications
Commission,
International
Bureau, Earth
Stations, P.O. Box
358160,
Pittsburgh, PA
15251-5160.
9. Space Stations
(Geostationary):
a. Application for Authority 159 & Corres.................. 2,470 BBY Federal
to Construct. Communications
Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
b. Application for Authority
to Launch & Operate:
(1) Initial Application. 159 & Corres.................. 85,045 BNY Federal
Communications
Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
(2) Replacement 159 & Corres.................. 85,045 BNY Federal
Satellite. Communications
Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
c. Assignment or Transfer 159 & 702 or 159 & 704........ 6,075 BFY Federal
(per satellite). Communications
Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
d. Modification............. 159 & Corres.................. 6,075 BFY Federal
Communications
Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
e. Special Temporary 159 & Corres.................. 610 CRY Federal
Authority or Waiver of Communications
Prior Construction Commission,
Authorization (per request). International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
f. Amendment of Application. 159 & Corres.................. 1,215 CWY Federal
Communications
Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
g. Extension of Construction 159 & Corres.................. 610 CRY Federal
Permit/Launch Authorization Communications
(per request). Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
10. Space Stations (Low-Earth
Orbit Satellite Systems):
a. Application for Authority 159 & Corres.................. 7,290 CZW Federal
to Construct (per system of Communications
technically identical Commission,
satellites). International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
b. Application for Authority 159 & Corres.................. 255,080 CLW Federal
to Launch and Operate (per Communications
system of technically Commission,
identical satellites). International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
c. Assignment or Transfer 159 & 702 or 159 & 704........ 7,290 CZW Federal
(per request). Communications
Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
[[Page 41984]]
d. Modification (per 159 & Corres.................. 18,220 CGW Federal
request). Communications
Commission,
International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
e. Special Temporary 159 & Corres.................. 1,830 CXW Federal
Authority or Waiver of Communications
Prior Construction Commission,
Authorization (per request). International
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
f. Amendment of Application 159 & Corres.................. 3,645 CAW Federal
(per request). Communications
Commission,
International,
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
g. Extension of Construction 159 & Corres.................. 1,830 CXW Federal
Permit/Launch Authorization Communications
(per request). Commission,
International,
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
11. Direct Broadcast Satellites
a. Authorization to 159 & Corres.................. 2,470 MTD Federal
Construct or Major Communications
Modification (per request). Commission,
International,
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
b. Construction Permit and 159 & Corres.................. 23,950 MXD Federal
Launch Authority (per Communications
request). Commission,
International,
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
c. License to Operate (per 159 & Corres.................. 690 MPD Federal
request). Communications
Commission,
International,
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
d. Special Temporary 159 & Corres.................. 125 MGD Federal
Authorization (per request). Communications
Commission,
International,
Bureau,
Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
e. Hearing (New and major/ 159 & Corres.................. 8,215 MWD Federal
minor change comparative Communications
construction permit Commission,
hearings; comparative International,
license renewal hearing) Bureau,
(per request). Satellites, P.O.
Box 358210,
Pittsburgh, PA
15251-5210.
12. International Broadcast
Stations:
a. New Station and 159 & 309..................... 2,075 MSN Federal
Facilities Change Communications
Construction Permit (per Commission,
application). International,
Bureau,
Notifications,
P.O. Box 358175,
Pittsburgh, PA
15251-5175.
b. New License (per 159 & 310..................... 470 MNN Federal
application). Communications
Commission,
International,
Bureau,
Notifications,
P.O. Box 358175,
Pittsburgh, PA
15251-5175.
c. License Renewal (per 159 & 311..................... 120 MFN Federal
application). Communications
Commission,
International,
Bureau,
Notifications,
P.O. Box 358175,
Pittsburgh, PA
15251-5175.
d. License Assignment or 159 & 314 or 315 or 316....... 75 MCN Federal
Transfer of Control (per Communications
station license). Commission,
International,
Bureau,
Notifications,
P.O. Box 358175,
Pittsburgh, PA
15251-5175.
e. Frequency Assignment and 159 & Corres.................. 45 MAN Federal
Coordination (per frequency Communications
hour). Commission,
International,
Bureau,
Notifications,
P.O. Box 358175,
Pittsburgh, PA
15251-5175.
f. Special Temporary 159 & Corres.................. 125 MGN Federal
Authorization (per request). Communications
Commission,
International,
Bureau,
Notifications,
P.O. Box 358175,
Pittsburgh, PA
15251-5175.
13. Permit to Deliver Program to
Foreign Broadcast Stations (per
application):
a. Commercial Television 159 & 308..................... 70 MBT Federal
Stations. Communications
Commission,
International,
Bureau,
Notifications,
P.O. Box 358175,
Pittsburgh, PA
15251-5175.
b. Commercial AM or FM Radio 159 & 308..................... 70 MBR Federal
Station. Communications
Commission,
International,
Bureau,
Notifications,
P.O. Box 358175,
Pittsburgh, PA
15251-5175.
14. Recognized Private Operating 159 & Corres.................. 745 CUG Federal
Status (per application). Communications
Commission,
International,
Bureau,
Telecommunicationa
l, P.O. Box
358115,
Pittsburgh, PA
15251-5115.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 96-20596 Filed 8-8-96; 3:42 pm]
BILLING CODE 6712-01-M
Complete official Federal Register PDF
FR Doc. 96-20569 Insurer Reporting Requirements; List of Insurers Required to File Reports
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41985-41987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20569]
[[Page 41985]]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 544
[Docket No. 96-19; Notice 02]
RIN 2127-AF92
Insurer Reporting Requirements; List of Insurers Required to File
Reports
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule updates the list in Appendices A, B, and C of
Part 544 of passenger motor vehicle insurers that are required to file
reports on their motor vehicle theft loss experiences, pursuant to 49
U.S.C. Section 33112. Each insurer listed must file a report for the
1993 calendar year not later than October 25, 1996. Further, as long as
an insurer remains listed, it must submit reports on each subsequent
October 25.
DATES: The final rule on this subject is effective August 13, 1996.
Reporting Date: Insurers listed in the appendices are required to
submit reports on their calendar year 1993 experience on or before
October 25, 1996. Previously listed insurers whose names are removed by
this notice need not submit reports for that year. Insurers newly
listed in this final rule must submit their reports for calendar year
1993 on or before October 25, 1996. Under Part 544, as long as an
insurer is listed, it must file reports each October 25. Thus, any
insurer listed in the appendices as of the date of the most recent
final rule must file a report on the following October 25, and on each
succeeding October 25, absent a further amendment removing the
insurer's name from the appendices.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW,
Washington, DC 20590. Ms. Proctor's telephone number is (202) 366-1740.
Her fax number is (202) 493-2739.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to 49 U.S.C. 33112, Insurer reports and information, NHTSA
requires certain passenger motor vehicle insurers to file an annual
report with the agency. Each insurer's report includes information
about thefts and recoveries of motor vehicles, the rating rules used by
the insurer to establish premiums for comprehensive coverage, the
actions taken by the insurer to reduce such premiums, and the actions
taken by the insurer to reduce or deter theft. Under the agency's
implementing regulation, 49 CFR Part 544, the following insurers are
subject to the reporting requirements: (1) Those issuers of motor
vehicle insurance policies whose total premiums account for 1 percent
or more of the total premiums of motor vehicle insurance issued within
the United States; (2) Those issuers of motor vehicle insurance
policies whose premiums account for 10 percent or more of total
premiums written within any one State; and (3) Rental and leasing
companies with a fleet of 20 or more vehicles not covered by theft
insurance policies issued by insurers of motor vehicles, other than any
governmental entity.
Pursuant to its statutory exemption authority, the agency has
exempted smaller passenger motor vehicle insurers from the reporting
requirements.
A. Small Insurers of Passenger Motor Vehicles
Section 33112(f)(2) provides that NHTSA shall exempt small insurers
of passenger motor vehicles if it finds that such exemptions will not
significantly affect the validity or usefulness of the information in
the reports, either nationally or on a State-by-State basis. The term
``small insurer'' is defined in Section 33112(f)(1)(A) and (B) as an
insurer whose premiums for motor vehicle insurance issued directly or
through an affiliate, including pooling arrangements established under
State law or regulation for the issuance of motor vehicle insurance,
account for less than 1 percent of the total premiums for all forms of
motor vehicle insurance issued by insurers within the United States.
However, that section also stipulates that if an insurance company
satisfies this definition of a ``small insurer,'' but accounts for 10
percent or more of the total premiums for all motor vehicle insurance
issued in a particular State, the insurer must report about its
operations in that State.
As provided in 49 CFR Part 544, NHTSA exercises its exemption
authority by listing in Appendix A each insurer which must report
because it had at least 1 percent of the motor vehicle insurance
premiums nationally. Listing the insurers subject to reporting instead
of each insurer exempted from reporting because it had less than 1
percent of the premiums nationally is administratively simpler since
the former group is much smaller than the latter. In Appendix B, NHTSA
lists those insurers that are required to report for particular states
because each insurer had a 10 percent or greater market share of motor
vehicle premiums in those States. In the establishing Part 544 (52 FR
59, January 2, 1987) final rule, the agency stated that Appendices A
and B will be updated annually. It has been NHTSA's practice to update
the appendices based on data voluntarily provided by insurance
companies to A.M. Best and made available for the agency each spring.
The agency uses the data to determine the insurers' market shares
nationally and in each state.
B. Self-insured Rental and Leasing Companies
In addition, upon making certain determinations, NHTSA is
authorized to grant exemptions to self-insurers, i.e., any person who
has a fleet of 20 or more motor vehicles (other than any governmental
entity) which are used primarily for rental or lease and which are not
covered by theft insurance policies issued by insurers of passenger
motor vehicles, 49 U.S.C. 33112(e)(1) and (2). NHTSA may exempt a self-
insurer from reporting, if the agency determines:
(1) The cost of preparing and furnishing such reports is excessive
in relation to the size of the business of the insurer; and
(2) The insurer's report will not significantly contribute to
carrying out the purposes of Chapter 331.
Conversely, NHTSA may not exempt a self insurer solely based on
meeting the definition of insurer as defined in Section 33112(b)(1).
In a final rule published June 22, 1990 (55 FR 25606), the agency
granted a class exemption to all companies that rent or lease fewer
than 50,000 vehicles because it believed that reports from only the
largest companies would sufficiently represent the theft experience of
rental and leasing companies. NHTSA concluded that reports by the many
smaller rental and leasing companies do not significantly contribute to
carrying out NHTSA's statutory obligations, and that exempting such
companies will relieve an unnecessary burden on most companies that
potentially must report. As a result of the June 1990 final rule, the
agency added a new Appendix C, which consists of an annually updated
list of the self-insurers that are subject to Part 544.
Following the same approach as in the case of Appendix A, NHTSA has
included in Appendix C each of the relatively few self-insurers which
are subject to reporting instead of the relatively numerous self-
insurers which are exempted. NHTSA updates
[[Page 41986]]
Appendix C based primarily on information from the publications
Automotive Fleet Magazine and Business Travel News.
Notice of Proposed Rulemaking
(1) Insurers of Passenger Motor Vehicles
On April 8, 1996, NHTSA published a notice of proposed rulemaking
(NPRM) to update the list of insurers in Appendices A, B, and C
required to file reports (61 FR 15443). Based on the 1993 calendar year
market share data provided by A.M. Best, NHTSA proposed to amend the
listing in Appendix A of insurers which must report because each had
written at least one percent of the motor vehicle insurance premiums on
a national basis. The list was last amended in a notice published on
June 27, 1995 (See 60 FR 33145). One company, General ACC Group,
included in the June 1995 listing, was proposed to be removed from
Appendix A. Two companies, Allmerica Property and Casualty Companies
and Metropolitan Group, that were not listed in Appendix A, were
proposed to be added.
Each of the 19 insurers listed in Appendix A of this notice is
required to file a report not later than October 25, 1996, setting
forth the information required by Part 544 for each State in which it
did business in the 1993 calendar year. As long as those 19 insurers
remain listed, they are required to submit reports on each subsequent
October 25 for the calendar year ending slightly less than 3 years
before.
Appendix B lists those insurers that are required to report for
particular States for the calendar year 1993 because each insurer had a
10 percent or greater market share of motor vehicle premiums in those
States. Based on the 1993 calendar year A.M. Best data for market
shares, it was proposed that one company, Nodak Mutual Insurance
Company, reporting on its activities in the State of North Dakota, be
added to Appendix B.
The 12 insurers listed in Appendix B of this notice would be
required to report on their activities in every State in which they had
a 10 percent or greater market share. These reports must be filed no
later than October 25, 1996, and set forth the information required by
Part 544. As long as those 12 insurers remain listed, they would be
required to submit reports on each subsequent October 25 for the
calendar year ending slightly less than 3 years before.
(2) Rental and Leasing Companies
Based on information in Automotive Fleet Magazine and Business
Travel News for 1993, the most recent year that data are available,
NHTSA proposed several changes in Appendix C. Based on the data
reported in the above mentioned publications, NHTSA proposed that the
American International Rent-A-Car Corp./ANSA be removed from Appendix
C. The agency also proposed that four additional rental and leasing
companies, Citicorp Bankers Leasing Corporation, Donlen Corporation,
Lease Plan International, and USL Capital Fleet Services, be included
in Appendix C. Accordingly, each of the 13 companies (including
franchisees and licensees) listed in this notice in Appendix C would be
required to file reports for the calendar year 1993 no later than
October 25, 1996, and set forth the information required by Part 544.
As long as those 13 companies remain listed, they would be required to
submit reports on each subsequent October 25 for the calendar year
ending slightly less than 3 years before.
NHTSA notes that on July 5, 1994, the Cost Savings Act, (including
Title VI--Theft Prevention) was revised and codified ``without
substantive change.'' The passenger motor vehicle theft insurers'
reporting provisions formerly at 15 U.S.C. 2032 are now at 49 U.S.C.
33112. This final rule amends part 544 to reflect the changed statutory
authority.
Public Comments and Final Determination
In response to the NPRM, the agency received no comments.
Accordingly, this final rule adopts the proposed changes to Appendices
A, B, and C.
Regulatory Impacts
(1) Costs and Other Impacts
This notice has not been reviewed under Executive Order 12866.
NHTSA has considered the impact of this final rule and has determined
the action not to be ``significant'' within the meaning of the
Department of Transportation's regulatory policy and procedures. This
rule implements the agency's policy of ensuring that all insurance
companies that are statutorily eligible for exemption from the insurer
reporting requirements are in fact exempted from those requirements.
Only those companies that are not statutorily eligible for an exemption
are expressly required to file reports.
NHTSA does not believe that this rule, reflecting more current
data, affects the impacts described in the final regulatory evaluation
prepared for the final rule establishing Part 544. (52 FR 59, January
2, 1987). Accordingly, a separate regulatory evaluation has not been
prepared for this rulemaking action. Using the cost estimates in the
1987 final regulatory evaluation, the agency estimates that the cost of
compliance will be about $50,000 for any insurer that is added to
Appendix A, about $20,000 for any insurer added to Appendix B, and
about $5,770 for any insurer added to Appendix C. In this final rule,
for Appendix A, the agency removed one insurer and added two insurers;
for Appendix B, the agency added one insurer; and for Appendix C, the
agency removed one company and included four additional companies. The
agency therefore estimates that the net effect of this final rule will
be a cost increase to insurers, as a group, of less than $100,000.
Interested persons may wish to examine the 1987 final regulatory
evaluation. Copies of that evaluation have been placed in Docket No.
T86-01; Notice 2. Any interested person may obtain a copy of this
evaluation by writing to NHTSA, Docket Section, Room 5109, 400 Seventh
Street, S.W., Washington, DC 20590, or by calling (202) 366-4949.
(2) Paperwork Reduction Act
The information collection requirements in this final rule have
been submitted to and approved by the Office of Management and Budget
(OMB) pursuant to the requirements of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.) This collection of information has been assigned
OMB Control Number 2127-0547 (``Insurer Reporting Requirements'') and
has been approved for use through October 31, 1996.
(3) Regulatory Flexibility Act
The agency has also considered the effects of this rulemaking under
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) I certify
that this final rule would not have a significant economic impact on a
substantial number of small entities. The rationale for the
certification is that none of the companies proposed to be included on
appendices A, B, or C would be construed to be a small entity within
the definition of the RFA. ``Small insurer'' is defined in part under
49 U.S.C. 33112 as any insurer whose premiums for all forms of motor
vehicle insurance account for less than one percent of the total
premiums for all forms of motor vehicle insurance issued by insurers
within the United States, or any insurer whose premiums within any
State,
[[Page 41987]]
account for less than 10 percent of the total premiums for all forms of
motor vehicle insurance issued by insurers within the State. This
notice would exempt all insurers meeting those criteria. Any insurers
meeting those criteria is not a small entity. In addition, in this
rulemaking, the agency proposes to exempt all ``self insured rental and
leasing companies'' that have fleets of fewer than 50,000 vehicles. Any
self insured rental and leasing company too large to meet that
criterion is not a small entity.
(4) Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this final rule does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
(5) Environmental Impacts
In accordance with the National Environmental Policy Act, NHTSA has
considered the environmental impacts of this final rule and determined
that it would not have a significant impact on the quality of the human
environment.
(6) Civil Justice Reform
This final rule does not have any retroactive effect, and it does
not preempt any State law, 49 U.S.C. 33117 provides that judicial
review of this rule may be obtained pursuant to 49 U.S.C. 32909,
Section 32909 does not require submission of a petition for
reconsideration or other administrative proceedings before parties may
file suit in court.
List of Subjects in 49 CFR Part 544
Crime, Insurance companies, Motor vehicles, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR Part 544 is amended as
follows:
PART 544--[AMENDED]
1. The authority citation for part 544 is revised to read as
follows:
Authority: 49 U.S.C. 33112; delegation of authority at 49 CFR
1.50.
2. Section 544.2 Purpose is revised to read as follows:
Sec. 544.2 Purpose.
The purpose of these reporting requirements is to aid in
implementing and evaluating the provisions of 49 U.S.C. chapter 331
Theft Prevention to prevent or discourage the theft of motor vehicles,
to prevent or discourage the sale or distribution in interstate
commerce of used parts removed from stolen motor vehicles, and to help
reduce the cost to consumers of comprehensive insurance coverage for
motor vehicles.
3. Paragraph (a) of Sec. 544.4 Definitions is revised to read as
follows:
Sec. 544.4 Definitions.
(a) Statutory terms. All terms defined in 49 U.S.C. 33101 and 33112
are used in accordance with their statutory meanings unless otherwise
defined in paragraph (b) of this section.
* * * * *
4. Paragraph (a) of Sec. 544.5 is revised to read as follows:
Sec. 544.5 General requirements for reports.
(a) Each insurer to which this part applies shall submit a report
annually not later than October 25, beginning on October 25, 1986. This
report shall contain the information required by Sec. 544.6 of this
part for the calendar year three years previous to the year in which
the report is filed (e.g., the report due by October 25, 1996 shall
contain the required information for the 1993 calendar year).
* * * * *
5. Appendix A to Part 544 is revised to read as follows:
Appendix A--Insurers of Motor Vehicle Insurance Policies Subject to the
Reporting Requirements in Each State in Which They Do Business
Aetna Life & Casualty Group
Allmerica Property & Casualty Companies \1\
---------------------------------------------------------------------------
\1\ Indicates a newly listed company which must file a report
beginning with the report due October 25, 1996
---------------------------------------------------------------------------
Allstate Insurance Group
American Family Group
American International Group
California State Auto Association
CNA Insurance Companies
Farmers Insurance Group
Geico Corporation Group
ITT Hartford Insurance Group
Liberty Mutual Group
Metropolitan Group \1\
Nationwide Group
Safeco Insurance Companies
Progressive Group
Prudential of America Group State Farm Group
Travelers Insurance Group
USAA Group
6. Appendix B to Part 544 is revised to read as follows:
Appendix B--Issuers of Motor Vehicle Insurance Policies Subject to the
Reporting Requirements Only in Designated States
Alfa Insurance Group (Alabama)
Amica Mutual Insurance Company (Rhode Island)
Arbella Mutual Insurance (Massachusetts)
Auto Club of Michigan (Michigan)
Commerce Group, Inc. (Massachusetts)
Commercial Union Insurance Companies (Maine)
Concord Group Insurance Companies (Vermont)
Erie Insurance Group (Pennsylvania)
Kentucky Farm Bureau Group (Kentucky)
Nodak Mutual Insurance Company (North Dakota) \1\
Southern Farm Bureau Casualty Group (Arkansas, Mississippi)
Tennessee Farmers Companies (Tennessee)
7. Appendix C to Part 544 is revised to read as follows:
Appendix C--Motor Vehicle Rental and Leasing Companies (Including
Licensees and Franchisees) Subject to the Reporting Requirements of
Part 544
Alamo Rent-A-Car, Inc.
Avis, Inc.
Budget Rent-A-Car Corporation
Citicorp Bankers Leasing Corporation \1\
Dollar Rent-A-Car Systems, Inc.
Donlen Corporation \1\
Hertz Rent-A-Car Division (subsidiary of Hertz Corporation)
Lease Plan International \1\
National Car Rental System, Inc.
Penske Truck Leasing Company
Ryder System, Inc. (Both rental and leasing operations)
U-Haul International, Inc. (Subsidiary of AMERCO)
USL Capital Fleet Services \1\
\1\ Indicates a newly listed company which must file a report
beginning with the report due October 25, 1996.
---------------------------------------------------------------------------
Issued on: August 7, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-20569 Filed 8-12-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-20533 Office of the Assistant Secretary for Public and Indian Housing; Technical Amendment to the Section 8 Certificate and Voucher Conforming Rule
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 42130-42131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20533]
[[Page 42129]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 982
Technical Amendments to the Section 8 Certificate and Voucher
Conforming Rule
Federal Register / Vol. 61, No. 157 / Tuesday, August 13, 1996 /
Rules and Regulations
[[Page 42130]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 982
[Docket No. FR-4119-F-01]
Office of the Assistant Secretary for Public and Indian Housing;
Technical Amendment to the Section 8 Certificate and Voucher Conforming
Rule
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On July 3, 1995 (60 FR 34660), HUD published a final rule
combining and conforming the rules for tenant-based rental assistance
under the Section 8 Rental Certificate and Rental Voucher Programs (24
CFR part 982). This final rule amends part 982 to provide that HUD may
restrict a family's right to lease any unit within the initial Housing
Agency's jurisdiction if HUD determines the limitations on a family's
opportunity to select among available units in that jurisdiction are
appropriate to achieve desegregation goals in accordance with
obligations generated by a court order or consent decree. The purpose
of this rule is to remove any regulatory barrier that may hinder
judicial efforts to address discriminatory racial or economic
concentrations.
EFFECTIVE DATE: September 12, 1996.
FOR FURTHER INFORMATION CONTACT: Madeline Hastings, Deputy Director,
Office of Public and Assisted Housing Operations, Office of Public and
Indian Housing, Room 4226, Department of Housing and Urban Development,
451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-2841.
(This is not a toll-free number.) Hearing- or speech-impaired
individuals may access this number via TTY by calling the toll-free
Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On July 3, 1995 (60 FR 34660), HUD published a final rule which
combined and conformed the rules for tenant-based Section 8 rental
assistance under the Section 8 Certificate and Voucher Rental Programs
(42 U.S.C. 1437f). The final rule also amended the requirements for
project-based assistance under the Section 8 Rental Certificate
Program.
The July 3, 1995 final rule added a new Sec. 982.353, which
describes where a family can lease a unit with tenant-based assistance.
Paragraph (a) of Sec. 982.353 states that a family ``may receive
tenant-based assistance to lease a unit located anywhere'' in the
Housing Agency's (HA's) jurisdiction. Further, 24 CFR 982.353(f)
provides that, except under specified circumstances, the HA ``may not
directly or indirectly reduce the family's opportunity to select among
available units.'' Nevertheless, courts have entered, and may enter in
the future, orders which would require HUD and HAs to limit where
tenant-based assistance may be used within the HA's jurisdiction. For
example, a court may issue such an order to remedy racial or economic
concentrations resulting from discriminatory housing practices. HUD is
concerned that in such circumstances Sec. 982.353 might conflict with
the court mandate.
This final rule amends Sec. 982.353 to provide that HUD may
restrict a family's right to lease any unit within the initial HA's
jurisdiction if HUD determines the limitations on a family's
opportunity to select among available units in that jurisdiction are
appropriate to achieve desegregation goals in accordance with
obligations generated by a court order or consent decree. This rule
only amends paragraphs (a) and (f) of Sec. 982.353, which concern
tenant-based assistance within the jurisdiction of the original HA.
This rule does not revise the portability procedures set forth at 24
CFR 982.353(b). This final rule, therefore, does not authorize limiting
the residential choice of a family renting outside the jurisdiction of
the initial HA.
II. Justification for Final Rulemaking
It is HUD's policy to publish rules for public comment before their
issuance for effect, in accordance with its own regulations on
rulemaking found at 24 CFR part 10. However, part 10 provides that
prior public procedure will be omitted if HUD determines that it is
``impracticable, unnecessary, or contrary to the public interest'' (24
CFR 10.1). HUD finds that in this case prior comment is unnecessary.
This final rule amends Sec. 982.353 to remove any potential conflict
between the current regulatory language and judicial efforts to address
discriminatory racial or economic concentrations. Since the amendment
made by this final rule would apply solely to HAs operating under the
terms of a court order or consent decree, and therefore not involve all
housing authorities and participants in the Section 8 Rental
Certificate and Voucher Programs prior public comment is unnecessary.
III. Other Matters
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this rule will not have a significant economic
impact on a substantial number of small entities. This final rule
amends Sec. 982.353 to eliminate any possible conflict between the
existing regulatory language and judicial desegregation goals, and is
limited to housing authorities operating under court orders or consent
decrees that address such goals. The rule will have no adverse or
disproportionate economic impact on small entities.
Environmental Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment was made in accordance with HUD regulations in 24 CFR part
50 that implement section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) at the time of development of the
July 3, 1995 final rule. That finding remains applicable to this rule
which merely makes a technical amendment to the July 3, 1995 final
rule. The FONSI is available for public inspection between 7:30 a.m.
and 5:30 p.m. weekdays in the Office of the Rules Docket Clerk, Office
of General Counsel, Room 10276, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will not have substantial direct effects on States or their political
subdivisions, or the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various levels of government. This purpose of this rule is to
address any possible conflict between HUD's regulation at Sec. 982.353
and judicial efforts to remedy discriminatory racial or economic
concentrations. This rule will assist to facilitate the actions of
courts, and will not affect the relationship between the Federal
Government and State and local governments.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have
the potential for significant impact on family formation, maintenance,
or
[[Page 42131]]
general well-being, and thus is not subject to review under the Order.
This rule removes any potential conflict between 24 CFR 982.353 and
nondiscrimination obligations generated by a court order or consent
decree. No significant change in existing HUD policies or programs will
result from promulgation of this rule.
List of Subjects in 24 CFR Part 982
Grant programs--housing and community development, Housing, Rent
subsidies, Reporting and recordkeeping requirements.
Accordingly, 24 CFR part 982 is amended as follows:
PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM
1. The authority citation for 24 CFR part 982 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
2. Section 982.353 is amended by revising paragraphs (a) and (f) to
read as follows:
Sec. 982.353 Where family can lease a unit with tenant-based
assistance.
(a) Assistance in the initial HA jurisdiction. The family may
receive tenant-based assistance to lease a unit located anywhere in the
jurisdiction (as determined by State and local law) of the initial HA.
HUD may nevertheless restrict the family's right to lease such a unit
anywhere in such jurisdiction if HUD determines that limitations on a
family's opportunity to select among available units in that
jurisdiction are appropriate to achieve desegregation goals in
accordance with obligations generated by a court order or consent
decree.
* * * * *
(f) Freedom of choice. The HA may not directly or indirectly reduce
the family's opportunity to select among available units except as
provided in paragraph (a) of this section, or elsewhere in this part
982 (e.g. prohibition on use of ineligible housing, housing not meeting
HQS, or housing for which the contract rent (certificate program) or
rent to owner (voucher program) exceeds a reasonable rent).
Dated: August 6, 1996.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-20533 Filed 8-12-96; 8:45 am]
BILLING CODE 4210-33-P
Complete official Federal Register PDF
FR Doc. 96-20460 National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41959-41960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20460]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5551-1]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of deletion of the Whitewood Creek Site from the
National Priorities List (NPL).
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) announces the
deletion of the Whitewood Creek Site (Site) in Butte, Meade and
Lawrence Counties, South Dakota, from the National Priorities List
(NPL). The NPL is Appendix B of title 40 of the Code of Federal
Regulations part 300 which is the National Oil and Hazardous Substances
Contingency Plan (NCP), which EPA promulgated pursuant to section 105
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended. EPA in consultation with
the state of South Dakota have determined that the Site poses no
significant threat to public health or the environment and, therefore,
no further remedial measures pursuant to CERCLA, other than required
operations and maintenance (O&M), are appropriate.
EFFECTIVE DATE: August 13, 1996.
FOR FURTHER INFORMATION CONTACT: Michael H. McCeney, Remedial Project
Manager, U. S. Environmental Protection Agency, Region 8, 999 18th
Street, Suite 500, Mailcode: 8EPR-SR, Denver, CO 80202, telephone
(303)-312-7023.
SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: The
Whitewood Creek Site in Butte, Meade, and Lawrence Counties, South
Dakota.
A Notice of Intent to Delete for this site was published on
November 30, 1995, (60 FR 61507). The closing date for comments on the
Notice of Intent to Delete was January 2, 1996. Three comments were
received during the comment period. Two of the comments received voiced
support for the proposed action. In response, EPA agrees that the Site
should be deleted from the NPL.
The third comment was from a landowner and current resident at the
Site. The commenter was concerned with two aspects of the remedy
implemented at the Site: (1) The impacts that the remedy will have on
property values at the Site, and (2) the long-term effectiveness of the
remedy given the potential for re-contamination of remediated areas at
the Site.
In response to the first concern, EPA recognizes that the Superfund
law has inadvertently had adverse effects on real estate values and
transactions. These problems typically arise as a result of concerns on
the part of lending institutions. Three common concerns expressed by
lenders are: (1) The uncertainty associated with not knowing what
cleanup actions EPA might ultimately require at a site; (2) the fear
that the lender may assume liability in the event that they take
possession of a Superfund site through foreclosure of loans; and (3)
the fear that the loan applicant might be held liable for cleanup costs
at a site.
At the Whitewood Creek Site, the first lender concern probably does
not apply since EPA has determined that the Site poses no significant
threat to public health and the environment and that all required
response actions, except for required O&M, have been completed at the
Site. All O&M, except that related to future land development at the
Site, is the responsibility of the Homestake Mining Company (Homestake)
under the terms of a consent decree with EPA.
To help allay the second lender concern, EPA has implemented a
policy whereby lenders will not be held liable as a result of
foreclosures on loans. EPA set forth this policy in a memorandum
entitled ``Policy on CERCLA Enforcement Against Lenders and Government
Entities that Acquire Property Involuntarily'', dated September 22,
1995.
To help allay the third concern of lenders, in situations where a
Superfund site is used for residential purposes, EPA implemented a
policy whereby residential landowners will not be held responsible for
response costs related to cleanup at their property. This policy is set
forth in EPA Office of Solid Waste and Emergency Response directive
number 9834.6, dated July 3, 1991.
EPA believes that these and other policies have successfully
curtailed many of the effects that Superfund sites may have had on
property values. If lenders do have concerns over granting loans on
Whitewood Creek Superfund Site property, EPA Region VIII staff are
available to discuss those concerns and provide information necessary
to help resolve the situation.
In response to the commentor's second concern, EPA acknowledges
that, given the nature of the residual contamination which remains at
the Whitewood Creek Site, there is a potential for recontamination to
occur in residential areas that were cleaned up as part of the remedy.
For this reason, EPA is required to assess the conditions at the Site
no less often than once every five years following the start of
remedial action at the Site. The first five year review at the Site
will therefore take place in 1996. As part of the five year review,
Homestake, under the terms of a consent decree with EPA, will conduct
soil sampling in residential yards cleaned up as part of the remedy.
Any yards that are found to be recontaminated above the action level
set forth in the ROD (100 milligrams per kilogram arsenic) will be
cleaned up again by Homestake. Deletion of the Site from the NPL does
not affect this process nor does it affect Homestake's obligations
under the Consent Decree.
EPA identifies sites that appear to present a significant risk to
public health, welfare, or the environment and it maintains the NPL as
the list of those sites. Any site deleted from the NPL remains eligible
for Fund-financed remedial actions in the unlikely event that
conditions at the site warrant such action in the future, NCP
Sec. 300.425(e)(3) of the NCP. Deletion of a site from the NPL does not
affect responsible party liability or impede agency efforts to recover
costs associated with response efforts.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous Waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: August 1, 1996.
Max H. Dodson,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region VIII.
For the reasons set out in the preamble, 40 CFR part 300 is amended
as follows:
PART 300--[AMENDED]
1. The authority citation for part 300 continues to read as
follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR,
[[Page 41960]]
1991 Comp., p 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p.
193.
Appendix B--[Amended]
2. Table 1 of Appendix B to part 300 is amended by removing the
site for Whitewood Creek Site, CS, South Dakota.
[FR Doc. 96-20460 Filed 8-12-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-20428 Airworthiness Directives; Boeing Model 757 Series Airplanes
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41953-41955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20428]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-195-AD; Amendment 39-9710; AD 96-17-02]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain Boeing Model 757 series airplanes. This action
requires an inspection of the engine fuel shutoff valves (spar valves)
to detect leakage of fuel and to ensure that no leakage occurs when the
valves are commanded to close. This action also requires an alignment
procedure of the engine fuel shutoff valves, if necessary. This
amendment is prompted by reports that certain engine shutoff valve
assemblies were improperly installed during manufacturing of the
airplane. The actions specified in this AD are intended to prevent
uncommanded fuel flow from the fuel tanks to the engine nacelle, which
could result in reduced aircraft fire protection in the event of a leak
in the engine fuel line or a fire in the engine nacelle.
DATES: Effective August 28, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 28, 1996.
Comments for inclusion in the Rules Docket must be received on or
before October 15, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-195-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington
98124-2207. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Bernie Gonzalez, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington; telephone (206) 227-
2682; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: The FAA has received reports that certain
defueling valve assemblies were improperly installed on a Boeing Model
757 series airplane during manufacturing. Such improper installation
results in uncommanded transfer of fuel from tank to tank.
Investigation revealed that the engine fuel shutoff valves (spar
valves) are installed in the same manner and are identical to the
defueling valves. While leakage of the defueling valves can be readily
and immediately detected, leakage of engine fuel shutoff valves cannot
be detected unless the main engine fuel supply line is open.
Furthermore, since the engine fuel shutoff valves leak in the commanded
``closed'' position, the Engine Indication and Crew Alerting System
(EICAS) does not show an advisory message, and the amber ``SPAR VALVE''
disagreement light on the P10 fuel control switch panel does not
illuminate.
The engine fuel shutoff valve is controlled by the appropriate fuel
control switch on the P10 panel of the
[[Page 41954]]
control stand. The valve is closed when the switch is in the ``CUTOFF''
position, and is open when the switch is in the ``RICH'' (for Rolls
Royce engines only) or in the ``RUN'' position. The amber ``SPAR
VALVE'' disagreement light above each fuel control switch illuminates
anytime the valve is not in the commanded position. The EICAS advisory
message, ``L (or R) FUEL SPAR VAL'' will appear after six seconds when
disagreement exists. The valve closes when the fire handle is pulled.
The engine fuel shutoff valve provides fire protection to the
airplane by shutting off fuel at the wing in the event of a leak in the
engine fuel line or a fire in the engine nacelle. If the engine fuel
shutoff valve does not fully close when commanded, fuel may continue to
flow from the wing to the engine. This condition, if not corrected,
could result in uncommanded fuel flow from the fuel tanks to the engine
nacelle, which could result in reduced fire protection of the airplane
in the event of a leak in the engine fuel line or a fire in the engine
nacelle.
Explanation of Relevant Service Information
The FAA has reviewed and approved Boeing Alert Service Bulletin
757-28A0045, dated July 30, 1996, which describes procedures for
inspection of the engine fuel shutoff valves (spar valves) to detect
leakage of fuel and to ensure that no leakage occurs when the valves
are commanded to close. This alert service bulletin also describes
procedures for an alignment of the engine fuel shutoff valve(s) for
those airplanes that do not pass the inspection to detect leakage of
fuel.
Explanation of the Requirements of the Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other Boeing Model 757 series airplanes of the same
type design, this AD is being issued to prevent uncommanded fuel flow
from the fuel tanks to the engine nacelle, which could result in
reduced fire protection of the airplane in the event of a leak in the
engine fuel line or a fire in the engine nacelle. This AD requires
inspection of the engine fuel shutoff valves to detect leakage of fuel
and to ensure that no leakage occurs when the valves are commanded to
close. This AD also requires an alignment of the engine fuel shutoff
valve(s) for those airplanes that do not pass the inspection for
leakage. The actions are required to be accomplished in accordance with
the service bulletin described previously.
Procedure for Alignment of the Fuel Shutoff Valves
Operators should note that the alert service bulletin recommends
accomplishing the alignment procedure of the engine fuel shutoff valves
with a specific tool (part number B28009) or an alignment procedure
that entails removing the engine fuel shutoff valve motor and actuator.
The FAA has determined that accomplishment of the alignment using the
alignment tool will provide a more accurate and permanent alignment of
the engine fuel shutoff valves. However, the FAA has been advised by
the manufacturer that there is a delay in the availability of this
particular tool. Therefore, the FAA considers this AD to be interim
action, and is currently considering requiring the accomplishment of
the alignment procedure of the engine fuel shutoff valves with
alignment tool part number B28009. The planned compliance time for the
accomplishment of the alignment procedure using that alignment tool is
sufficiently long so that prior notice and time for public comment will
be practicable.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-195-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
[[Page 41955]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-17-02 Boeing: Amendment 39-9710. Docket 96-NM-195-AD.
Applicability: Model 757 series airplanes, line positions 478
through 699 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent uncommanded fuel flow from the fuel tanks to the
engine nacelle in the event of a leak in the engine fuel line or a
fire in the engine nacelle, accomplish the following:
(a) Within 60 days after the effective date of this AD, perform
an inspection to detect leakage of the fuel shutoff (spar) valves
and verify that the valves do not leak when commanded to close, in
accordance with Boeing Alert Service Bulletin 757-28A0045, dated
July 30, 1996.
(1) If both fuel shutoff valves pass the inspection for leakage
and the valves close when commanded, no further action is required
by this AD.
(2) If either or both of the fuel shutoff valves do not pass the
inspection for leakage: Prior to further flight, adjust the engine
fuel shutoff valve(s) in accordance with Part III of the alert
service bulletin and repeat the requirements of paragraph (a) of
this AD.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Seattle ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
(c) The actions shall be done in accordance with Boeing Alert
Service Bulletin 757-28A0045, dated July 30, 1996. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Boeing Commercial Airplane Group,
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(d) This amendment becomes effective on August 28, 1996.
Issued in Renton, Washington, on August 6, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-20428 Filed 8-12-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-20427 Airworthiness Directives; Jetstream Model 4101 Airplanes
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41955-41957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20427]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-192-AD; Amendment 39-9711; AD 96-17-03]
RIN 2120-AA64
Airworthiness Directives; Jetstream Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain Jetstream Model 4101 airplanes. This action
requires an inspection to determine the serial number of the leg
assemblies of the main landing gear (MLG), and replacement of defective
pins with serviceable pins. This amendment is prompted by a report
indicating that pins installed on certain leg assemblies of the MLG's
were heat treated incorrectly during manufacture. The actions specified
in this AD are intended to prevent failure of the pins due to incorrect
heat treatment, and subsequent structural failure of the MLG.
DATES: Effective August 28, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 28, 1996.
Comments for inclusion in the Rules Docket must be received on or
before October 15, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-192-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
Jetstream Aircraft, Inc., P.O. Box 16029, Dulles International Airport,
Washington, DC 20041-6029. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: The Civil Aviation Authority (CAA), which is
the airworthiness authority for the United Kingdom, recently notified
the FAA that an unsafe condition may exist on certain Jetstream Model
4101 airplanes. The CAA advises that it received a report indicating
that certain torque arm pivot pins, drag brace attachment pins, and
drag brace pivot pins installed on the leg assemblies of the main
landing gears (MLG) on Model 4101 airplanes were heat treated
incorrectly during manufacture. Such incorrect heat treatment of these
pins could result in failure of the pins. This condition, if not
corrected, could result in structural failure of the MLG.
Explanation of Relevant Service Information
Jetstream has issued Service Bulletin J41-32-023, dated May 27,
1996, which describes procedures for an inspection to determine the
serial number of the left and right leg assemblies (shock strut and
drag brace) of the MLG, and replacement of defective drag brace
attachment pins, drag brace pivot pins, and torque arm pivot pins on
certain leg assemblies with serviceable pins. The Jetstream service
bulletin references APPH Precision Hydraulics Service Bulletin
AIR83090-32-02, dated March 1996, as an additional source of service
information. The APPH Precision Hydraulics service bulletin identifies
the serial numbers of MLG leg assemblies on which defective pins are
installed, and describes procedures for replacement of those pins with
serviceable pins.
The CAA classified the Jetstream service bulletin as mandatory and
issued United Kingdom airworthiness directive 003-05-96, dated June 12,
1996, in order to assure the continued airworthiness of these airplanes
in the United Kingdom.
FAA's Conclusions
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of Sec. 21.29 of
[[Page 41956]]
the Federal Aviation Regulations (14 CFR 21.29) and the applicable
bilateral airworthiness agreement. Pursuant to this bilateral
airworthiness agreement, the CAA has kept the FAA informed of the
situation described above. The FAA has examined the findings of the
CAA, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent failure of the
pins on certain leg assemblies of the MLG due to incorrect heat
treatment, and subsequent structural failure of the MLG. This AD
requires an inspection to determine the serial number of the left and
right leg assemblies (shock strut and drag brace) of the MLG, and
replacement of defective drag brace attachment pins, drag brace pivot
pins, and torque arm pivot pins on certain leg assemblies with
serviceable pins. The actions are required to be accomplished in
accordance with the Jetstream service bulletin described previously.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-192-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-17-03 Jetstream Aircraft Limited: Amendment 39-9711. Docket 96-
NM-192-AD.
Applicability: Model 4101 airplanes; serial numbers 41060 and
41071 through 41078 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously. To prevent failure of the pins on certain leg assemblies
of the main landing gear (MLG) due to incorrect heat treatment, and
subsequent structural failure of the MLG, accomplish the following:
(a) Within 30 days after the effective date of this AD, perform
an inspection to determine the serial number of the left and right
leg assemblies (shock strut and drag brace) of the MLG in accordance
with Jetstream Service Bulletin J41-32-023, dated May 27, 1996.
(1) If no leg assembly has a serial number that is identified in
the service bulletin, no further action is required by this AD.
(2) If any leg assembly has a serial number that is identified
in the service bulletin, prior to further flight, replace the
defective drag brace attachment pins, drag brace pivot pins, and
torque arm pivot pins with serviceable pins, in accordance with the
service bulletin.
Note 2: The Jetstream service bulletin references APPH Precision
Hydraulics Service Bulletin AIR83090-32-02, dated March 1996, as an
additional source of service information for identification of the
serial numbers of affected MLG leg assemblies, and for replacement
of defective pins with serviceable pins.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
[[Page 41957]]
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The actions shall be done in accordance with Jetstream
Service Bulletin J41-32-023, dated May 27, 1996. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Jetstream Aircraft, Inc., P.O. Box 16029, Dulles
International Airport, Washington, DC 20041-6029. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on August 28, 1996.
Issued in Renton, Washington, on August 6, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-20427 Filed 8-12-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-20426 Airworthiness Directives; Boeing Model 737-100 and -200 Series Airplanes
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41957-41959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20426]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-04-AD; Amendment 39-9712; AD 96-17-04]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-100 and -200 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 737-100 and -200 series airplanes,
that requires inspections to detect cracking of the support fittings of
the Krueger flap actuator and, if necessary, replacement of existing
fittings with new steel fittings and modification of the aft attachment
of the actuator. This amendment is prompted by reports of cracking due
to fatigue and stress corrosion of the support fittings of the Krueger
flap actuator. The actions specified by this AD are intended to prevent
such cracking, which could result in fracturing of the actuator attach
lugs, separation of the actuator from the support fitting, severing of
the hydraulic lines, and resultant loss of hydraulic fluids. These
conditions, if not corrected, could result in possible failure of one
or more hydraulic systems, and subsequent reduced controllability of
the airplane.
DATES: Effective September 17, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 17, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Della Swartz, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington; telephone (206) 227-2785;
fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Boeing Model 737-100 and -
200 series airplanes was published in the Federal Register on March 13,
1996 (61 FR 10294). That action proposed to require inspections to
detect cracking of the support fittings of the Krueger flap actuator
and, if necessary, replacement of existing fittings with new steel
fittings and modification of the aft attachment of the actuator.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
One commenter supports the proposal.
Request to Revise Proposed Inspection Requirements
The Air Transport Association (ATA), on behalf of its member
operators, requests that the proposed requirement to perform repetitive
eddy current inspections be replaced with a requirement to perform
close visual inspections at 3,000-flight hour intervals, followed by an
eddy current inspection or replacement of the fitting within a 4-year
period. This commenter maintains that this alternative inspection
program is:
1. More consistent with the recommendations of the airframe
manufacturer;
2. Equivalent in safety to that proposed in the notice; and
3. More cost effective.
Further, this commenter states that, while the proposed eddy
current inspection may be viewed as a more critical inspection process,
it is not necessary to respond to the airworthiness concern. This
commenter contends that, in order to determine whether a more stringent
process is required (i.e., more stringent than the manufacturer's
recommendations), the FAA should review service history data to
determine whether cracking of the subject support fittings has actually
become a fleet-wide problem. The commenter maintains that, while the
one incident described in the preamble to the notice was certainly of
concern, there is insufficient data to indicate that cracked support
fittings is an industry problem.
The FAA does not concur. As explained in the preamble to the
notice, the subject cracking in the fittings is attributed to stress
corrosion combined with fatigue. The crack growth rate for such
cracking is not known; however, it is known that material that the
fitting is made from, 7075-T6 aluminum, is highly susceptible to stress
corrosion cracking and has low toughness. It is also known that the
critical crack size for this fitting is 0.165 inch. Cracks of this
small size cannot be found with a high degree of confidence using a
visual inspection technique. An eddy current inspection is a much more
reliable method of finding such small cracks.
As for the service history of the subject problem, there have been
several reports of cracking found in actuator attach support fitting
assemblies on a number of in-service Model 737 series airplanes. There
also have been two accidents involving hydraulic system failures that
were associated with the failure of the actuator attach lugs on the
support fittings. The FAA considers this a sufficient amount of service
history to demonstrate that a potential unsafe condition associated
with the subject cracking exists in airplanes equipped with the subject
fittings.
In light of the small critical crack size, the high susceptibility
to stress corrosion cracking of 7075-T6 material, and the ample service
history relative to the addressed unsafe condition, the FAA does not
find that the commenter's suggested alternative inspection program
would provide an acceptable level of safety compared to that required
by this final rule.
[[Page 41958]]
Request to Revise Proposed Inspection Intervals
One commenter requests that the proposed inspections be required in
terms of flight cycles, rather than in terms of time-in-service. The
commenter states that, because fatigue cracking of the actuator support
fitting is caused by cycling of the Krueger flap, the maximum
inspection intervals should be limited by flight cycles, not flight
hours.
The FAA does not concur. The cracking mechanism associated with the
addressed problem is stress corrosion cracking combined with fatigue.
Although the commenter is correct that fatigue is cycle-driven, stress
corrosion cracking is time-or flight hour-driven, since it is caused by
a sustained tensile stress in a corrosive environment. Therefore, the
FAA finds that a flight hour (time-in-service) inspection interval is
appropriate for these inspections.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
There are approximately 727 Model 737-100 and -200 series airplanes
of the affected design in the worldwide fleet. The FAA estimates that
270 airplanes of U.S. registry will be affected by this AD, that it
will take approximately 12 work hours per airplane (6 work hours per
wing) to accomplish the required actions, and that the average labor
rate is $60 per work hour. Based on these figures, the cost impact of
the AD on U.S. operators is estimated to be $194,400, or $720 per
airplane, per inspection.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-17-04 Boeing: Amendment 39-9712. Docket 96-NM-04-AD.
Applicability: Model 737-100 and -200 series airplanes, line
positions 001 through 813 inclusive, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent possible failure of one or more hydraulic systems and
subsequent reduced controllability of the airplane, accomplish the
following:
(a) Within one year after the effective date of this AD, perform
an eddy current inspection to detect cracking of the support fitting
of the Krueger flap actuator, in accordance with Boeing Service
Bulletin 737-57-1129, Revision 1, dated October 30, 1981, as revised
by Notices of Status Change 737-57-1129NSC1, dated July 23, 1982;
737-57-1129 NSC2, dated April 14, 1983; and 737-57-1129 NSC 3, dated
May 18, 1995.
(1) If no cracking is found, repeat the inspection required by
paragraph (a) of this AD thereafter at intervals not to exceed 3,000
hours time-in-service.
(2) If any cracking is found, prior to further flight,
accomplish the replacement and modification specified in paragraph
(b) of this AD.
(b) Replacement of the support fitting with a steel fitting and
modification of the actuator aft attachment in accordance with
Boeing Service Bulletin 737-57-1129, Revision 1, dated October 30,
1981, as revised by Notices of Status Change 737-57-1129NSC1, dated
July 23, 1982; 737-57-1129 NSC2, dated April 14, 1983; and 737-57-
1129 NSC 3, dated May 18, 1995; constitutes terminating action for
the repetitive inspections required by this AD.
(c) As of the effective date of this AD, no person shall install
a support fitting having part number 69-37892-9, 69-37892-10, 69-
37893-1, or 69-37893-2 on the Krueger flap actuator of any airplane.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Seattle ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(f) The inspections, replacement, and modification shall be done
in accordance with Boeing Service Bulletin 737-57-1129, Revision 1,
dated October 30, 1981, as revised by Notice of Status Change 737-
57-1129NSC1, dated July 23, 1982; Notice of Status Change 737-57-
1129 NSC2, dated April 14, 1983; and Notice of Status Change 737-57-
1129 NSC 3, dated May 18, 1995. This incorporation by reference was
approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington
98124-2207. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
(g) This amendment becomes effective on September 17, 1996.
[[Page 41959]]
Issued in Renton, Washington, on August 6, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-20426 Filed 8-12-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-20417 Restriction on Representation in Certain Eviction Proceedings
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41965-41966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20417]
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1633
Restriction on Representation in Certain Eviction Proceedings
AGENCY: Legal Services Corporation.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim rule revises the Legal Services Corporation's
(``LSC'' or ``Corporation'') regulation that prohibits recipients from
using LSC funds to provide representation in public housing eviction
proceedings of persons engaged in certain illegal drug activity. The
revisions are intended to extend the prohibition to a recipient's non-
LSC funds. Although this rule is effective upon publication, the
Corporation also solicits public comment in anticipation of adoption of
a final rule at a later time.
DATES: This interim rule is effective on August 13, 1996. Comments must
be submitted on or before September 12, 1996.
ADDRESSES: Comments should be submitted to the Office of the General
Counsel, Legal Services Corporation, 750 First Street, NE, 11th Floor,
Washington, DC 20002-4250.
FOR FURTHER INFORMATION CONTACT: Victor M. Fortuno, General Counsel, at
(202) 336-8910.
SUPPLEMENTARY INFORMATION: The Legal Services Corporation's (``LSC'' or
``Corporation'') regulation, 45 CFR Part 1633, which is revised by this
interim rule, prohibited involvement by
[[Page 41966]]
recipients in certain eviction proceedings but only applied when the
prohibited activity was supported with LSC funds. Section 504(a)(17) of
the Corporation's Fiscal Year 1996 appropriations act, Public Law 104-
134, 110 Stat. 1321 (1996), extends the prohibition to a recipient's
non-LSC funds. Accordingly, the purpose and prohibition sections of the
prior rule have been revised in this interim rule to implement the new
statutory restriction. However, the entire rule is reprinted as
revised. For discussion of those provisions of the rule that have not
been revised, see 60 FR 48950 (September 21, 1995).
On May 19, 1996, the Operations and Regulations Committee
(``Committee'') of the LSC Board of Directors (``Board'') requested LSC
staff to prepare an interim rule to implement the new restriction. The
Committee held hearings on staff proposals on July 9 and 19, and the
Board adopted this interim rule on July 20 for publication in the
Federal Register. The Committee recommended and the Board agreed to
publish this rule as an interim rule. An interim rule is necessary in
order to provide prompt and critically necessary guidance to LSC
recipients on legislation which is already effective and which carries
strong penalties for noncompliance. Because of the great need for
guidance on how to comply with substantially revised legislative
requirements, prior notice and public comment are impracticable,
unnecessary, and contrary to the public interest. See 5 U.S.C.
553(b)(3)(B) and 553(d)(3). Accordingly, this rule is effective upon
publication.
However, the Corporation also solicits public comment on the rule
for review and consideration by the Committee and Board. The Committee
intends to hold public hearings to discuss written comments received by
the Corporation and to hear oral comments. It is anticipated that a
final rule will be issued which will supersede this interim rule.
After the LSC Board initially adopted part 1633, the United States
Department of Housing and Urban Development (``HUD'') announced, in
March 1996, its ``One Strike and You're Out'' policy for public
housing. Several elements of that policy affect drug-related evictions
from public housing and bear consideration by recipients. One element
of the policy requires public housing authorities (PHAs) to include in
each tenant's lease provisions holding the leaseholder responsible for
the actions of all members of the household and guests. Another
authorizes eviction for all drug-related activity whether on or off
premises. Section 504 (a)(17) of Public Law 104-134, 110 Stat. 1321,
the Corporation's FY 1996 appropriations act, expressly prohibits
representation by LSC recipients in any eviction proceeding on behalf
of a person charged with the illegal sale or distribution of a
controlled substance, and then only if the illegal drug activity
threatens the health or safety of another tenant or employee of the
public housing agency. This interim rule generally adheres to the
specific provisions of the appropriations act, but LSC particularly
solicits comments on the proper role for recipients in light of the
somewhat differing policy position of HUD.
In general, the revisions to part 1633 implement section 504(a)(17)
of the Corporation's appropriations act which prohibits the Corporation
from providing funds to recipients that defend, in public housing
eviction proceedings, persons who have been charged with the illegal
sale or distribution of a controlled substance, regardless of the
source of the funds used to pay for the representation. Accordingly,
revisions have been made to the rule's ``purpose'' and ``prohibition''
sections. The entire rule is reprinted as revised.
List of Subjects in 45 CFR part 1633
Grant programs-law, Legal services.
For reasons set forth in the preamble, 45 CFR part 1633 is revised
to read as follows:
PART 1633--RESTRICTION ON REPRESENTATION IN CERTAIN EVICTION
PROCEEDINGS
Sec.
1633.1 Purpose.
1633.2 Definitions.
1633.3 Prohibition.
1633.4 Recipient policies, procedures and recordkeeping.
Authority: 42 U.S.C.Secs. 2996e(a), 2996e(b)(1)(A),
2996f(a)(2)(C), 2996f(a)(3), 2996g(e); 110 Stat. 1321 (1996).
Sec. 1633.1 Purpose.
This part is designed to ensure that in certain public housing
eviction proceedings recipients refrain from defending persons charged
with or convicted of illegal drug activities.
Sec. 1633.2 Definitions.
(a) Controlled substance has the meaning given that term in
Sec. 102 of the Controlled Substances Act (21 U.S.C. 802);
(b) Public housing project and public housing agency have the
meanings given those terms in Sec. 3 of the United States Housing Act
of 1937 (42 U.S.C. 1437a);
(c) A person has been charged with engaging in illegal drug
activities if a criminal proceeding has been instituted against such
person by a governmental entity with authority to initiate such
proceeding and such proceeding is pending.
Sec. 1633.3 Prohibition.
Recipients are prohibited from defending any person in a proceeding
to evict that person from a public housing project if:
(a) The person has been charged with or, within one year prior to
the date when services are requested from a recipient, has been
convicted of the illegal sale or distribution of a controlled
substance; and
(b) The eviction proceeding is brought by a public housing agency
on the basis that the illegal drug activity for which the person has
been charged or for which the person has been convicted did or does now
threaten the health or safety of other tenants residing in the public
housing project or employees of the public housing agency.
Sec. 1633.4 Recipient policies, procedures and recordkeeping.
Each recipient shall adopt written policies and procedures to guide
its staff in complying with this part and shall maintain records
sufficient to document the recipient's compliance with this part.
Dated: August 6, 1996.
Victor M. Fortuno,
General Counsel.
[FR Doc. 96-20417 Filed 8-12-96; 8:45 am]
BILLING CODE 7050-01-P
Complete official Federal Register PDF
FR Doc. 96-20416 Redistricting
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41964-41965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20416]
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1632
Redistricting
AGENCY: Legal Services Corporation.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim rule completely revises the Legal Services
Corporation's (``LSC'' or ``Corporation'') regulation on redistricting
to implement a new restriction contained in the Corporation's FY 1996
appropriations act, which extends the rule's prohibition on
redistricting activities to funds formerly unrestricted. Although this
rule is effective upon publication, the Corporation solicits public
comment on the interim rule in anticipation of adoption of a final rule
at a later time.
DATES: This interim rule is effective on August 13, 1996. Comments must
be submitted on or before September 12, 1996.
ADDRESSES: Comments should be submitted to the Office of the General
Counsel, Legal Services Corporation, 750 First Street, NE, 11th Floor,
Washington, DC 20002-4250.
FOR FURTHER INFORMATION CONTACT: Victor M. Fortuno, General Counsel, at
(202) 336-8910.
SUPPLEMENTARY INFORMATION: The LSC regulation on redistricting that is
revised by this interim rule allowed recipients to use some non-LSC
funds on redistricting activities. Section 504(a)(1) of the
Corporation's Fiscal Year 1996 appropriations act, Public Law 104-134,
110 Stat. 1321 (1996), prohibits the Corporation from providing
financial assistance to any person or entity (``recipient'') that makes
available any funds, personnel or equipment for use in advocating or
opposing any plan, proposal or litigation that is intended to or has
the effect of altering, revising or reapportioning a legislative,
judicial or elective district at any level of government, including
influencing the timing or manner of the taking of a census. This
legislative restriction prohibits recipient involvement in
redistricting activities, regardless of the source of funds used for
such activities.
On May 19, 1996, the Operations and Regulations Committee
(``Committee'') of the Corporation's Board of Directors (``Board'')
requested LSC staff to prepare
[[Page 41965]]
an interim rule to implement the new restriction on redistricting
activities. The Committee held hearings on staff proposals on July 8
and 19, and the Board adopted this interim rule on July 20 for
publication in the Federal Register. The Committee recommended and the
Board agreed to publish this rule as an interim rule. An interim rule
is necessary in order to provide prompt and critically necessary
guidance to LSC recipients on legislation which is already effective
and which carries strong penalties for noncompliance. Because of the
great need for guidance on how to comply with substantially revised
legislative requirements, prior notice and public comment are
impracticable, unnecessary, and contrary to the public interest. See 5
U.S.C. 553(b)(3)(B) and 553(d)(3). Accordingly, this rule is effective
upon publication.
However, the Corporation also solicits public comment on the rule
for review and consideration by the Committee and Board. The Committee
intends to hold public hearings to discuss written comments received by
the Corporation and to hear oral comments. It is anticipated that a
final rule will be issued which will supersede this interim rule.
A section by section discussion of the interim rule is provided
below.
Section 1632.1 Purpose
The purpose section has been revised to reflect an intent to
implement the new statutory restrictions on involvement of LSC
recipients in redistricting activities. The prior rule was not based on
any express statutory restriction, but on policies adopted by a former
board of directors.
Section 1632.2 Definitions
Section 1632.2 is amended by revising the definition of
``redistricting'' and adding paragraph designations to the definitions.
The change to the definition is not substantive and the revisions are
only intended to track more closely the statutory restriction contained
in the Corporation's FY 1996 appropriations act.
Section 1632.3 Prohibition
The prohibition in paragraph (a) has been revised to track the
statutory restriction in the Corporation's appropriations act. Also,
some language which simply restates the definition of redistricting has
been deleted since its repetition is confusing and unnecessary.
Paragraph (b) clarifies that not all litigation brought under the
Voting Rights Act of 1965 is prohibited. Only litigation which involves
redistricting activities as defined by this rule is prohibited. This
provision was set out in Sec. 1632.4(a) of the prior rule.
Section 1632.4 Recipient Policies
Section 1632.4 requires recipients to adopt written policies to
implement the requirements of this part.
Miscellaneous Changes
All provisions of the prior Sec. 1632.4 on permissible activity
have been deleted. Paragraph (a) of the prior rule, on litigation
brought under the Voting Rights Act, has been moved and is now included
in Sec. 1632.3. Paragraph (b) of the prior rule was deleted because it
was contrary to current law and it would have allowed a recipient to
use some non-LSC funds for redistricting activities. Such use of non-
LSC funds is now prohibited by this interim rule as required by LSC's
appropriations act. Finally, paragraphs (c) and (d) in the prior rule
were deleted because they simply restate law that is already reflected
in other regulations.
List of Subjects in 45 CFR Part 1632
Grant programs-law, Legal services.
For reasons set forth in the preamble, 45 CFR part 1632 is revised
to read as follows.
PART 1632--REDISTRICTING
Sec.
1632.1 Purpose.
1632.2 Definitions.
1632.3 Prohibition.
1632.4 Recipient policies.
Authority: 42 U.S.C. 2996e(b)(1)(A); 2996f(a)(2)(C);
2996f(a)(3); 2996(g)(e); 110 Stat. 1321(1996).
Sec. 1632.1 Purpose.
This part is intended to ensure that recipients do not engage in
redistricting activities.
Sec. 1632.2 Definitions.
(a) Advocating or opposing any plan means any effort, whether by
request or otherwise, even if of a neutral nature, to revise a
legislative, judicial, or elective district at any level of government.
(b) Recipient means any grantee or contractor receiving funds made
available by the Corporation under section 1006(a)(1) or 1006(a)(3) of
the LSC Act. For the purposes of this part, ``recipient'' includes
subrecipient and employees of recipients and subrecipients.
(c) Redistricting means any effort, directly or indirectly, that is
intended to or would have the effect of altering, revising, or
reapportioning a legislative, judicial, or elective district at any
level of government, including influencing the timing or manner of the
taking of a census.
Sec. 1632.3 Prohibition.
(a) Neither the Corporation nor any recipient shall make available
any funds, personnel, or equipment for use in advocating or opposing
any plan or proposal, or represent any party or participate in any
other way in litigation, related to redistricting.
(b) This part does not prohibit any litigation brought by a
recipient under the Voting Rights Act of 1965, as amended, 42 U.S.C.
1971 et seq., provided such litigation does not involve redistricting.
Sec. 1632.4 Recipient policies.
Each recipient shall adopt written policies to implement the
requirements of this part.
Dated: August 6, 1996.
Victor M. Fortuno,
General Counsel.
[FR Doc. 96-20416 Filed 8-12-96; 8:45 am]
BILLING CODE 7050-01-P
Complete official Federal Register PDF
FR Doc. 96-20415 Class Actions
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41963-41964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20415]
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1617
Class Actions
AGENCY: Legal Services Corporation.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim rule completely revises the Legal Services
Corporation's (``Corporation'' or ``LSC'') regulation concerning class
actions. The revisions are intended to implement a restriction
contained in the Corporation's FY 1996 appropriations act which
prohibits the involvement of LSC recipients in class actions. Although
this rule is effective upon publication, the Corporation solicits
public comment on the interim rule in anticipation of adoption of a
final rule at a later time.
DATES: The interim rule is effective on August 13, 1996. Comments must
be submitted on or before September 12, 1996.
ADDRESSES: Comments should be submitted to the Office of the General
Counsel, Legal Services Corporation, 750 First St, NE, 11th Floor,
Washington, DC 20002-4250.
FOR FURTHER INFORMATION CONTACT: Victor M. Fortuno, General Counsel,
(202) 336-8910.
SUPPLEMENTARY INFORMATION: On May 19, 1996, the Operations and
Regulations Committee (``Committee'') of the LSC Board of Directors'
(``Board'') requested LSC staff to prepare an interim rule to implement
Section 504(a)(7), a restriction in the Corporation's FY 1996
appropriations act, Public Law 104-134, 110 Stat. 1321 (1996), which
prohibits involvement of LSC recipients in class actions. The Committee
held public hearings on staff proposals on July 8 and 19, and the Board
adopted this interim rule on July 20 for publication in the Federal
Register.
The Committee recommended and the Board agreed to publish this rule
as an interim rule. An interim rule is necessary in order to provide
prompt and critically necessary guidance to LSC recipients on
legislation which is already effective and which carries strong
penalties for noncompliance. Because of the great need for guidance on
how to comply with substantially revised legislative requirements,
prior notice and public comment are impracticable, unnecessary, and
contrary to the public interest. See 5 U.S.C. 553(b)(3)(B) and
553(d)(3). Accordingly, this interim rule is effective upon
publication.
However, the Corporation also solicits public comment on the
interim rule for review and consideration by the Committee. After
receipt of written public comment, the Committee intends to hold public
hearings to discuss the written comments and to hear oral comments. It
is anticipated that a final rule will be issued which will supersede
this interim rule.
Part 1617 is completely revised by this interim rule. Generally,
this interim rule prohibits any recipient involvement in class actions.
The prior regulation, which had not been revised since 1976, had
allowed recipients to provide assistance in class actions as long as
certain procedural requirements were met. No such involvement is
allowed under this new rule.
A section-by-section discussion of this interim rule is provided
below.
Section 1617.1 Purpose
The purpose of this rule is to prohibit involvement by LSC
recipients in class actions.
Section 1617.2 Definitions
The definition of ``class action'' is revised to include only the
nature of a class action. The prior definition also reached the issue
of types of involvement in a class action, including involvement in
various stages of a class action. Those issues are now included in the
definition of ``initiating or participating in a class action.''
The definition of ``class action'' defers to widely accepted
Federal and local court rules and statutory definitions. Thus, a class
action for the purposes of this part is a ``class action'' pursuant to
Rule 23 of the Federal Rules of Civil Procedure or the comparable State
statute or rule of civil procedure
[[Page 41964]]
governing the action in the court where it is filed.
``Initiating or participating in any class action'' is defined to
clarify that all types of involvement are prohibited at various stages
of a class action prior to an order granting relief. Recipients may not
initiate a class action or participate in one initiated by others,
either at the trial or appellate level. Nor may recipients continue
involvement in a case already begun that is later certified or
otherwise determined by the court, sua sponte or on a motion by a
party, to be a class action. In addition, recipients may not act as
amicus curiae or co-counsel in a class action or intervene in a class
action on behalf of individual clients who seek to withdraw from,
intervene in, opt out of, modify, or challenge the adequacy of the
representation of a class. Finally, recipients may not represent
defendants in a class action.
Certain situations are not within the definition and are thus not
prohibited by this rule. For example, recipients may advise clients
about the pendency of a class action or its effect on the client and
what the client would need to do to benefit from the case. Other
actions related to a class action are also not included, but only
because they involve actions taken after liability, if any, has been
determined and an order of relief has been entered. Accordingly,
recipients may be involved in non-adversarial monitoring of an order
granting relief or representation of an individual client seeking the
benefit of the order, provided that any such involvement is only on
behalf of an individual client and does not involve representation of
an entire class. In addition, if the class action resumes its
adversarial nature for any reason, recipients would need to attempt
withdrawal in order to avoid participating in a class action.
Finally, a class action would not include other forms of action,
even if they result in relief that benefits numbers of clients or
resolves issues that affect others in addition to the client, provided
that the case is not also a class action as defined by this rule. For
example, this rule does not apply to mandamus or to injunctive or
declaratory relief actions, unless such actions are filed or certified
as class actions.
The Committee especially seeks comments from recipients factually
describing other situations which recipients consider to be outside the
prohibition on initiating or participating in a class action that
should be described in the language of the rule itself.
Section 1617.3 Prohibition
This section prohibits LSC recipients from initiating or
participating in any class action.
Section 1617.4 Recipient Policies and Procedures
This section requires recipients to adopt written policies and
procedures to guide the recipient's staff in ensuring compliance with
this rule.
List of Subjects in 45 CFR Part 1617
Grant Programs--law, Legal services.
For reasons set out in the preamble, LSC revises 45 CFR part 1617
to read as follows:
PART 1617--CLASS ACTIONS
Sec.
1617.1 Purpose.
1617.2 Definitions.
1617.3 Prohibition.
1617.4 Recipient policies and procedures.
Authority: 29 U.S.C. 2996e(d)(5); 110 Stat. 1321 (1996).
Sec. 1617.1 Purpose.
This part is intended to ensure that LSC recipients do not initiate
or participate in class actions.
Sec. 1617.2 Definitions.
(a) Class action means a lawsuit filed as, or otherwise declared by
the court having jurisdiction over the case to be, a class action
pursuant to Rule 23 of the Federal Rules of Civil Procedure or the
comparable State statute or rule of civil procedure applicable in the
court in which the action is filed.
(b) Initiating or participating in any class action means any
involvement at any stage of a class action prior to an order granting
relief, including acting as amicus curiae, co-counsel or providing
legal assistance to an individual client who seeks to withdraw from,
intervene in, opt out of, modify, or challenge the adequacy of the
representation of a class. It does not include non-adversarial
monitoring of an order granting relief or individual representation of
a client seeking to obtain the benefit of relief ordered by the court.
Sec. 1617.3 Prohibition.
Recipients are prohibited from initiating or participating in any
class action.
Sec. 1617.4 Recipient policies and procedures.
Each recipient shall adopt written policies and procedures to guide
its staff in complying with this part.
Dated: August 6, 1996.
Victor M. Fortuno,
General Counsel.
[FR Doc. 96-20415 Filed 8-12-96; 8:45 am]
BILLING CODE 7050-01-P
Complete official Federal Register PDF
FR Doc. 96-20414 Use of Non-LSC Funds
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41960-41963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20414]
=======================================================================
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1610
Use of Non-LSC Funds
AGENCY: Legal Services Corporation.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim rule completely revises the Legal Services
Corporation's (``Corporation'' or ``LSC'') regulation concerning the
use of funds from a source other than the Corporation (``non-LSC
funds''). The revisions are intended to implement the Corporation's FY
1996 appropriations act that applies most of the restrictions contained
in that act to all of a recipient's funds and to make certain technical
corrections to the regulation. Although this rule is effective upon
publication, the Corporation solicits public comment on the interim
rule in anticipation of adoption of a final rule at a later time.
DATES: The interim rule is effective on August 13, 1996. Comments must
be submitted on or before September 12, 1996.
ADDRESSES: Comments should be submitted to the Office of the General
Counsel, Legal Services Corporation, 750 First St. NE., 11th Floor,
Washington, DC 20002-4250.
FOR FURTHER INFORMATION CONTACT: Victor Fortuno, General Counsel, (202)
336-8910.
SUPPLEMENTARY INFORMATION: On May 19, 1996, the Operations and
Regulations Committee (``Committee'') of the LSC Board of Directors
(``Board'') requested the LSC staff to prepare an interim rule to
implement Section 504 in the Corporation's FY 1996 appropriations act,
Public Law 104-134, 110 Stat. 1321 (1996), which applies most
restrictions contained therein to any person or entity receiving LSC
funds, effectively restricting all of a recipient's funds to the same
degree that it restricts LSC funds. The Committee held hearings on
staff proposals on July 8 and 19, and the Board adopted this interim
rule on July 20 for publication in the Federal Register.
The Committee recommended and the Board agreed to publish this rule
as an interim rule. An interim rule is necessary in order to provide
prompt and critically necessary guidance to LSC recipients on
legislation that is already effective and carries severe penalties for
noncompliance. Because of this great need for guidance on how to comply
with substantially revised legislative requirements, prior notice and
public comment are impracticable, unnecessary, and contrary to the
public interest. See 5 U.S.C. 553(b)(3)(B) and 553(d)(3). Accordingly,
this interim rule is effective upon publication.
However, the Corporation also solicits comments on this interim
rule for review and consideration by the Committee and Board. After
receipt of written public comment, the Committee intends to hold public
hearings to discuss the written comments and to hear oral comments. It
is anticipated that a final rule will be issued which will supersede
this interim rule.
Part 1610 is completely revised by this interim rule. Generally,
this rule serves two purposes. First, it incorporates the restrictions
imposed by the Corporation's FY 1996 appropriations act, 110 Stat. 1321
(1996), which apply to both a recipient's LSC funds and its non-LSC
funds. Past appropriations acts have applied restrictions contained in
those acts only to the funds appropriated thereunder. In contrast, the
FY 1996 appropriations act prohibits LSC from funding any recipient
that engages in certain specified activities or that fails to act in a
manner consistent with certain appropriations act requirements. This
rule also makes several technical revisions to the prior rule to
correct those provisions that were never revised to be consistent with
longstanding amendments to the LSC Act.
A section-by-section discussion of this interim rule is provided
below.
Section 1610.1 Purpose
The purpose of this rule is to implement statutory restrictions on
a recipient's use of non-LSC funds. The statutory restrictions are
found in the LSC Act, 42 U.S.C. 2996 et seq., and the Corporation's FY
1996 appropriations act, Public Law 104-134, 110 Stat. 1321 (1996).
Section 1610.2 Definitions
``Purposes prohibited by the LSC Act.'' The definition of
``purposes prohibited by the LSC Act'' has been revised in several
ways. First, reference to a prohibition on the representation of
juveniles has been deleted because it is no longer in the LSC Act.
Second, it is revised to reflect the fact that certain restrictions on
activities in the LSC Act no longer reflect the law, because broader
restrictions on those activities are included in the Corporation's FY
1996 appropriations act. Accordingly, references to the LSC Act's
prohibitions on legislative and administrative representation, 42
U.S.C. 2996f(a)(5), and on advocacy training, 42 U.S.C. 2996f(b)(5),
have been deleted from this definition and are incorporated instead
into the definition of ``activity prohibited by or inconsistent with
Section 504'' in Sec. 1610.2(b). Third, the definition now references
the Corporation's regulations which implement the various restrictions.
Fourth, citations to the LSC Act for the restrictions on political
activities, criminal proceedings, actions challenging criminal
convictions, organizing activities, school desegregation, Selective
Service and military desertion have been revised to correspond to the
numbering changes that were made by amendments to the LSC Act. Fifth,
this definition includes only those restrictions on private funds
required by Section 1010(c) of the LSC Act which applies only to an
activity identified as a ``purpose prohibited by [the LSC Act].''
Accordingly, the reference to fee-generating cases has been deleted
because involvement in a fee-generating case is not a purpose
prohibited by the LSC Act. Neither the LSC Act nor the appropriations
act prohibits legal services programs from undertaking representation
in fee-generating cases. The LSC Act simply requires that any fee-
generating cases undertaken by a recipient must be ``in accordance with
guidelines promulgated by the Corporation.'' The Corporation's
guidelines on fee-generating cases is 45 CFR Part 1609. With a few
exceptions, this rule requires recipients to first determine whether
private representation is available for any particular fee-generating
case before accepting the case. This implements the Congressional
intent that scarce Federal funds not be used for cases for which
private representation is available. Recipients should note that the
issue of attorneys' fees, which had been included in part 1609 is now
the subject of section 504(a)(13) of the Corporation's FY 1996
appropriations act, and is dealt with in a new interim rule, 45 CFR
Part 1642. In this rule, attorneys' fees are appropriately included in
Sec. 1610.2(b)(9).
``Activity prohibited by or inconsistent with Section 504'' is a
new
[[Page 41961]]
definition that lists the restrictions and prohibitions in Section
504(a) of the Corporation's FY 1996 appropriations act that completely
restrict the listed activities, regardless of the source of funding.
The definition also makes reference to subsections 504(b) and 504(e),
which provide exceptions to those prohibitions on activities supported
by non-LSC funds.
``IOLTA funds'' is a new definition and is used in the revised
section on authorized uses of non-LSC funds. IOLTA funds are defined as
funds derived from programs established by State court rules or
legislation that collect and distribute interest earned on lawyers'
client trust accounts.
``Non-LSC funds'' are defined as funds derived from a source other
than the Corporation and would include both public and private funds.
``Private funds'' are defined as funds derived from an individual
or entity other than a governmental source or LSC.
The definition of ``public funds'' is similar to the definition for
``public funds'' in part 1600 of the Corporation's regulations. The
definition clarifies that, for the purposes of this part, IOLTA funds
will be treated in the same manner as public funds.
The definition of ``tribal funds'' is revised from the definition
of ``tribal funds'' in part 1600 of these regulations in order to track
the statutory language of section 504. ``Tribal funds'' are defined as
funds received by a recipient from an Indian tribe or from a private
nonprofit foundation or organization that are given for the benefit of
Indians or Indian tribes.
The definition of ``private attorney'' and the corollary definition
of ``law firm'' are included to help clarify the meaning of the
applicability section of this regulation. A ``private attorney'' means
an attorney engaged in the practice of law on a for-profit basis. A
``law firm'' is two or more private attorneys who have formed a
partnership, corporation, or similar entity for the private practice of
law on a for-profit basis.
``State or local entity of attorneys'' would include a State or
local bar association, a pro bono or judicare program, or other similar
entity, such as a panel of attorneys participating in a pre-paid legal
services program.
Section 1610.3 Prohibition
The prohibition section has been revised to include the
restrictions on various activities in Section 504 of the Corporation's
FY 1996 appropriations act.
Section 1610.4 Authorized Use of Other Funds
This section has been revised to reflect the fact that the
restrictions in Section 504 apply to activities supported by all funds
except tribal funds, while those restrictions in the LSC Act which are
not covered by Section 504, still apply only to LSC and private funds.
Section 1610.4(a): Paragraph (a) sets out an exception included in
both the LSC Act and Section 504 for tribal funds. The exception
exempts tribal funds from the general prohibition on the use of non-LSC
funds, as long as the tribal funds are used for the purposes for which
they were provided.
Section 1610.4(b). Section 1610.4(b) continues the exception in the
LSC Act for public funds which permits recipients to use public funds
in accordance with the purposes for which the funds were provided.
However, because the Corporation's FY 1996 appropriations act contains
no exception for public funds for most of its restrictions on
activities, language is added providing that public funds may not be
used for any activity prohibited by or inconsistent with Section 504.
In accordance with current LSC policy, the section also provides that
for purposes of applying this regulation, IOLTA funds are to be treated
the same as public funds.
Section 1610.4(c). Paragraph (c) states the exception that allows
recipients to use private funds if they use them for the purposes for
which they were provided and if they do not use their private funds for
any activity prohibited by the LSC Act or prohibited by or inconsistent
with section 504.
Section 1610.4(d). Section 1610.4(d) reflects section 504(d)(2)(B)
of the Corporation's FY 1996 appropriations act, which provides that a
recipient may use non-LSC funds to provide legal assistance to
financially ineligible persons, provided that the funds are used for
the specific purpose for which they were received and are not used in a
manner that violates the LSC Act or Section 504.
Section 1610.5 Notification
This section incorporates the requirement of section 504(d)(1) of
the Corporation's FY 1996 appropriations act that recipients may not
accept funds from non-LSC sources unless they provide written notice to
the funders that their funds may not be used in any manner inconsistent
with the LSC Act or section 504. The requirement applies only to cash
contributions; recipients are not required to notify persons or
organizations who make non-cash donations or volunteer their time or
services to the recipient.
In an effort to relieve recipients of some of the administrative
burden that might be imposed by this requirement, the proposed
regulation contains a de minimis exception. The exception relieves
recipients of the notice requirement for contributions of less than
$250. This exception is intended to apply to relatively small
contributions made by clients, attorneys or other funders who are
generally supportive of the recipient's program. The $250 threshold was
chosen because section 170(f)(8) of the Internal Revenue Code requires
donors who contribute $250 or more to a charity to obtain documentation
of the contribution in the form of an acknowledgement; and the Board
decided that, if the recipient had to provide an acknowledgement to the
donor anyway, it did not constitute any significant additional burden
to incorporate the required notification into the acknowledgement.
Section 1610.6 Applicability
The title to this section has been changed from ``waiver'' to
``applicability'' to reflect the fact that section 1010(c) of the LSC
Act, upon which it is based, provides that certain types of grants are
not subject to the statutory prohibition. Because by law such
situations are not covered by the prohibition, there should be no need
for a waiver. Indeed, it has always been LSC's practice to allow the
activities covered by this section, without affirmatively granting
waivers.
Section 1610.6(a). Paragraph (a) deals with the issue of criminal
representation and is intended to clarify the applicability of both the
LSC Act's provisions on criminal representation and Section 504's
prohibition on representation of persons who are incarcerated in
Federal, State or local prisons. The provision in the Corporation's FY
1996 appropriations act prohibiting recipients from representing such
incarcerated persons was not intended to amend section 1010(c) of the
LSC Act which permits LSC to award grants and contracts to, and LSC
recipients to enter into subgrants, contracts or judicare arrangements
with, private attorneys or law firms or legal aid organizations which
handle criminal cases in their non-LSC funded practices. Accordingly,
this paragraph makes it clear that the restrictions of the FY 1996
appropriations act on the representation of incarcerated persons does
not apply to the non-LSC funded representation of clients in criminal
cases or matters of
[[Page 41962]]
such private attorneys, law firms or State or local entities of
attorneys. Nor does it apply to legal aid organizations that provide
criminal legal services through a separately funded public defender
program, regardless of whether any of their clients are prisoners.
Finally, this paragraph makes it clear that a recipient may accept
court appointments in criminal cases, under certain circumstances, even
if the clients they are appointed to defend are incarcerated.
Section 1610.6(b). This new provision makes it clear that if
recipients use non-LSC funds to contract with individuals or entities,
such as bar associations, pro bono programs or other non-profit
organizations to provide legal services under a recipient's PAI or
similar program, the restrictions of this part would apply to the funds
transferred but would not apply to the individual or entity's other
non-LSC funds. This provision is consistent with current LSC policy
that states that a transfer of non-LSC funds to another organization is
not a subgrant under 45 CFR Part 1627. Although the non-LSC funds
transferred under contract are subject to the restrictions of this
part, these restrictions do not attach to any other funds of the person
or entity.
Section 1610.6(c). This section clarifies that, except as provided
in paragraph (a) of Sec. 1610.6, this part does not apply to transfers
of LSC funds which are already governed by 45 CFR Part 1627. It should
be noted that when LSC funds are transferred to a subrecipient, the
subrecipient cannot engage in any activities restricted by Sec. 504 and
the restriction attaches to both the subrecipient's LSC funds and its
non-LSC funds. This ensures compliance with the Congressional intent
that no funds provided by the Corporation for financial assistance are
provided to a person or entity that engages in activities prohibited by
Section 504.
Section 1610.7 Accounting
This section has been renumbered but has not been otherwise
revised. There has been no change to this statutory accounting
requirement. Currently, recipients are directed by the accounting
provisions in both the 1981 and 1986 versions of the Corporation's
Audit and Accounting Guide for Recipients and Auditors (``Guide'') to
account for their LSC and non-LSC funds separately. See page 12 in the
1986 Guide and pages 2-3 in the 1981 Guide.
List of Subjects in 45 CFR Part 1610
Grant programs--law, Legal services.
For reasons set forth in the preamble, LSC revises 45 CFR Part 1610
to read as follows:
PART 1610--USE OF NON-LSC FUNDS
Sec.
1610.1 Purpose.
1610.2 Definitions.
1610.3 Prohibition.
1610.4 Authorized use of other funds.
1610.5 Notification.
1610.6 Applicability.
1610.7 Accounting.
Authority: 42 U.S.C. 2996i; 110 Stat. 1321 (1996).
Sec. 1610.1 Purpose.
This part is designed to implement statutory restrictions on the
use of non-LSC funds by LSC recipients.
Sec. 1610.2 Definitions.
(a) Purpose prohibited by the LSC Act means any activity prohibited
by the following sections of the LSC Act and those provisions of the
Corporation's regulations that implement such sections of the Act:
(1) Sections 1006(d)(3), 1006(d)(4), 1007(a)(6), and 1007(b)(4) of
the LSC Act and 45 CFR Part 1608 of the LSC Regulations (Political
activities);
(2) Section 1007(a)(10) of the LSC Act (Activities inconsistent
with professional responsibilities);
(3) Section 1007(b)(2) of the LSC Act and 45 CFR Part 1613 of the
LSC Regulations (Criminal proceedings);
(4) Section 1007(b)(3) of the LSC Act and 45 CFR Part 1615 of the
LSC Regulations (Actions challenging criminal convictions);
(5) Section 1007(b)(7) of the LSC Act and 45 CFR Part 1612 of the
LSC Regulations (Organizing activities);
(6) Section 1007(b)(8) of the LSC Act (Abortions);
(7) Section 1007(b)(9) of the LSC Act (School desegregation); and
(8) Section 1007(b)(10) of the LSC Act (Violations of Military
Selective Service Act or military desertion).
(b) Activity prohibited by or inconsistent with Section 504 means
any activity prohibited by, or inconsistent with the requirements of,
the following sections of 110 Stat. 1321 (1996) and those provisions of
the Corporation's regulations that implement those sections:
(1) Section 504(a)(1) and 45 CFR Part 1632 of the LSC Regulations
(Redistricting);
(2) Sections 504(a)(2) through (6), as modified by Sections 504(b)
and (e), and 45 CFR Part 1612 of the LSC Regulations (Legislative and
administrative advocacy);
(3) Section 504(a)(7) and 45 CFR Part 1617 of the LSC Regulations
(Class actions);
(4) [Reserved]
(5) Section 504(a)(9) and 45 CFR Part 1620 of the LSC Regulations
(Priorities);
(6) Section 504(a)(10) and 45 CFR Part 1635 of the LSC Regulations
(Timekeeping);
(7) Section 504(a)(11) and 45 CFR Part 1626 of the LSC Regulations
(Aliens);
(8) Section 504(a)(12) and 45 CFR Part 1612 of the LSC Regulations
(Public policy training);
(9) [Reserved]
(10) Section 504(a)(14) (Abortion litigation);
(11) [Reserved]
(12) [Reserved]
(13) Section 504(a)(17) and 45 CFR Part 1633 of the LSC Regulations
(Drug-related evictions); and
(14) [Reserved]
(c) IOLTA funds means funds derived from programs established by
State court rules or legislation that collect and distribute interest
on lawyers' trust accounts.
(d) Non-LSC funds means funds derived from a source other than the
Corporation.
(e) Private funds means funds derived from an individual or entity
other than a governmental source or LSC.
(f) Public funds means non-LSC funds derived from a Federal, State,
or local government or instrumentality of a government. For purposes of
this part, IOLTA funds shall be treated in the same manner as public
funds.
(g) Tribal funds means funds received from an Indian tribe or from
a private nonprofit foundation or organization for the benefit of
indians or Indian tribes.
(h) Private attorney means any attorney who is engaged in the
private practice of law on a for-profit basis. A ``law firm'' is a
group of two or more private attorneys who are engaged in the private
practice of law as a partnership, professional corporation, or similar
arrangement.
(i) State or local entity of attorneys means a State or local
voluntary or mandatory bar association, pro bono or judicare program,
or other similar entity of attorneys.
Sec. 1610.3 Prohibition.
A recipient may not use non-LSC funds for any purpose prohibited by
the LSC Act or for any activity prohibited by or inconsistent with
section 504 , unless such use is authorized by Secs. 1610.4 or 1610.6
of this part.
Sec. 1610.4 Authorized use of other funds.
(a) A recipient may receive tribal funds and expend them in
accordance
[[Page 41963]]
with the specific purposes for which the tribal funds were provided.
(b) A recipient may receive public or IOLTA funds and use them in
accordance with the specific purposes for which they were provided, if
the funds are not used for any activity prohibited by or inconsistent
with section 504.
(c) A recipient may receive private funds and use them in
accordance with the purposes for which they were provided, provided
that the funds are not used for any activity prohibited by the LSC Act
or prohibited or inconsistent with section 504.
(d) A recipient may use non-LSC funds to provide legal assistance
to an individual who is not financially eligible for services under
part 1611 of this chapter, provided that the funds are used for the
specific purposes for which those funds were provided and are not used
for any activity prohibited by the LSC Act or prohibited by or
inconsistent with section 504.
Sec. 1610.5 Notification.
(a) Except as provided in paragraph (b) of this section, no
recipient may accept funds from any source other than the Corporation,
unless the recipient provides written notification to the source of the
funds that the funds may not be expended for any purpose or activity
prohibited under this part.
(b) A recipient is not required to provide such notification for
contributions of less than $250.
Sec. 1610.6 Applicability.
(a) The prohibitions referred to in Secs. 1610.2(a)(3) (Criminal
proceedings), (a)(4) (Actions challenging criminal convictions) or
(b)(11) (Prisoner litigation) of this part will not apply to the non-
LSC funds of the attorney, law firm, entity of attorneys, or the public
defender program or project and will not apply to funds received to
support criminal or related cases accepted pursuant to a court
appointment, if the Corporation or a recipient makes a contract or
other arrangement for the provision of civil legal assistance with:
(1) A private attorney, law firm or state or local entity of
attorneys that represents clients in criminal cases or matters,
(2) A legal aid organization that provides criminal and related
legal assistance through a separately funded public defender program or
project; or
(3) A legal aid organization that accepts criminal or related cases
pursuant to a court appointment.
(b) If a recipient uses non-LSC funds to enter into a contract or
other arrangement with another person or entity for the provision of
civil legal assistance, the restrictions referred to in this part will
apply to the funds transferred, but will not apply to the other non-LSC
funds of the person or entity.
(c) Except as provided in paragraph (a) of this section, this part
does not apply to a transfer of LSC funds. Transfer of LSC funds is
governed by 45 CFR part 1627.
Sec. 1610.7 Accounting.
Funds received by a recipient from a source other than the
Corporation shall be accounted for as separate and distinct receipts
and disbursements in a manner directed by the Corporation.
Dated: August 6, 1996.
Victor M. Fortuno,
General Counsel.
[FR Doc. 96-20414 Filed 8-12-96; 8:45 am]
BILLING CODE 7050-01-P
Complete official Federal Register PDF
FR Doc. 96-20397 Airworthiness Directives; General Electric Company (GE) CF6-80C2 Series Turbofan Engines
[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41951-41953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20397]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-ANE-16; Amendment 39-9707, AD 96-16-07]
RIN 2120-AA64
Airworthiness Directives; General Electric Company (GE) CF6-80C2
Series Turbofan Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to General Electric Company (GE) CF6-80C2 series turbofan
engines. This action supersedes priority letter AD 96-09-01 that
currently requires borescope inspections of the rear right hand mount
link to determine if the serial number matches those listed in
applicable service bulletins as improperly manufactured, and
replacement, if necessary, with a serviceable part. This action
references a newly revised service bulletin and bases the compliance
time on the effective date of this superseding AD for engines installed
on McDonnell Douglas MD-11 series aircraft. This amendment is prompted
by the availability of the newly revised service bulletin. The actions
specified by this AD are intended to prevent rear right hand mount link
failure, which could result in engine separation from the aircraft.
DATES: Effective August 28, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 28, 1996.
Comments for inclusion in the Rules Docket must be received on or
before October 15, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), New England Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 96-ANE-16, 12 New England
Executive Park, Burlington, MA 01803-5299. Comments may also be
submitted to the Rules Docket by using the following Internet address:
``[email protected]''.
All comments must contain the Docket No. in the subject line of the
comment.
The service information referenced in this AD may be obtained from
General Electric Technical Services, Attn: Leader for Distribution/
Microfilm, 10525 Chester Road, Cincinnati, OH 45215; phone (513) 672-
8400 ext. 114, fax (513) 672-8422. This information may be examined at
the FAA, New England Region, Office of the Assistant Chief Counsel, 12
New England Executive Park, Burlington, MA; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Richard Woldan, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803-5299; telephone (617)
238-7136, fax (617) 238-7199.
SUPPLEMENTARY INFORMATION: On April 15, 1996, the Federal Aviation
Administration (FAA) issued priority
[[Page 41952]]
letter airworthiness directive (AD) 96-09-01, applicable to General
Electric Company (GE) CF6-80C2 series turbofan engines, which requires
borescope inspections of the rear right hand mount link to determine if
the serial number matches those listed in applicable service bulletins
as improperly manufactured, and replacement, if necessary, with a
serviceable part. That action was prompted by reports of rear right
hand mount links that were not properly heat treated during
manufacture. Rear right hand mount links that are not properly heat
treated are susceptible to failure due to insufficient strength. That
condition, if not corrected, could result in rear right hand mount link
failure, which could result in engine separation from the aircraft.
Since the issuance of that priority letter AD, GE has issued CF6-
80C2 Service Bulletin (SB) No. 72-835, Revision 1, dated May 2, 1996.
This AD references this new revision, and bases the compliance time on
the effective date of this superseding AD for engines installed on
McDonnell Douglas MD-11 series aircraft.
Since an unsafe condition has been identified that is likely to
exist or develop on other engines of this same type design, this AD
supersedes priority letter AD 96-09-01 to require the following:
For certain engines installed on Airbus A300 and A310 series
aircraft, prior to further flight, borescope inspect the rear right
hand mount link to determine if the link S/N is listed in GE CF6-80C2
SB No. 72-835, Revision 1, dated May 2, 1996. If the link S/N matches
those listed in that SB, prior to further flight, remove the rear right
hand mount link from service and replace with a serviceable part.
For certain engines installed on McDonnell Douglas MD-11 series
aircraft, within 15 days after the effective date of this AD, borescope
inspect the rear right hand mount link to determine if the link S/N is
listed in GE CF6-80C2 SB No. 72-835, Revision 1, dated May 2, 1996. If
the link S/N matches those listed in that SB, within 60 days after the
effective date of this AD, remove the rear right hand mount link from
service and replace with a serviceable part.
Engines installed on Airbus A300 and A310 series aircraft have
higher certification mount loads than those installed on McDonnell
Douglas MD-11 aircraft, and therefore require immediate inspection. The
actions are required to be accomplished in accordance with the service
bulletin described previously.
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD 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 96-ANE-16.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and is not a ``significant regulatory action''
under Executive Order 12866. It has been determined further that this
action involves an emergency regulation under DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979). If it is determined
that this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket. A copy of it, if filed, may
be obtained from the Rules Docket at the location provided under the
caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-16-07 General Electric Company: Amendment 39-9707. Docket No. 96-
ANE-16. Supersedes AD 96-09-01.
Applicability: General Electric Company (GE) CF6-80C2 series
turbofan engines identified by Serial Numbers (S/N's) listed in GE
CF6-80C2 Service Bulletin (SB) No. 72-835, Revision 1, dated May 2,
1996. These engines are installed on but not limited to Airbus A300
and A310 series, and McDonnell Douglas MD-11 series aircraft.
Note: This airworthiness directive (AD) applies to each engine
identified in the preceding applicability provision, regardless of
whether it has been modified, altered, or repaired in the area
subject to the requirements of this AD. For engines that have been
modified, altered, or repaired so that the performance of the
requirements of this AD is affected, the owner/operator must request
approval for an alternative method of compliance in accordance with
paragraph (d) of this AD. The request should include an assessment
of the effect of the modification, alteration, or repair on the
unsafe condition addressed by this AD; and, if the unsafe condition
has not been eliminated, the request should include specific
proposed actions to address it.
Compliance: Required as indicated, unless accomplished
previously.
[[Page 41953]]
To prevent rear right hand mount link failure, which could
result in engine separation from the aircraft, accomplish the
following:
(a) No further action is required for operators that have
complied with priority letter AD 96-09-01.
(b) For engines installed on Airbus A300 and A310 series
aircraft, accomplish the following:
(1) Prior to further flight, borescope inspect the rear right
hand mount link in accordance with the Accomplishment Instructions
of GE CF6-80C2 SB No. 72-835, Revision 1, dated May 2, 1996, to
determine if the link S/N is listed in that SB.
(2) If the link S/N does not match those listed in that SB, no
further action is required.
(3) If the link S/N matches those listed in that SB, prior to
further flight remove the rear right hand mount link from service
and replace with a serviceable part in accordance with the
Accomplishment Instructions of GE CF6-80C2 SB No. 72-835, Revision
1, dated May 2, 1996.
(c) For engines installed on McDonnell Douglas MD-11 series
aircraft, accomplish the following:
(1) Within 15 days after the effective date of this AD,
borescope inspect the rear right hand mount link in accordance with
the Accomplishment Instructions of GE CF6-80C2 SB No. 72-835,
Revision 1, dated May 2, 1996, to determine if the S/N is listed in
that SB.
(2) If the S/N does not match those listed in that SB, no
further action is required.
(3) If the S/N matches those listed in that SB, within 60 days
after the effective date of this AD, remove the rear right hand
mount link from service and replace with a serviceable part in
accordance with the Accomplishment Instructions of GE CF6-80C2 SB
No. 72-835, Revision 1, dated May 2, 1996.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Engine Certification Office. The
request should be forwarded through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Engine Certification Office.
Note: Information concerning the existence of approved
alternative methods of compliance with this airworthiness directive,
if any, may be obtained from the Engine Certification Office.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the aircraft to a location where
the requirements of this AD can be accomplished.
(f) The actions required by this AD shall be done in accordance
with the following SB:
----------------------------------------------------------------------------------------------------------------
Document No. Pages Revision Date
----------------------------------------------------------------------------------------------------------------
GE CF6-80C2 SB No. 72-835.................. 1-16 1 May 2, 1996.
Total pages: 16.
----------------------------------------------------------------------------------------------------------------
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from General Electric Technical Services,
Attn: Leader for Distribution/Microfilm, 10525 Chester Road,
Cincinnati, OH 45215; phone (513) 672-8400 ext. 114, fax (513) 672-
8422. Copies may be inspected at the FAA, New England Region, Office
of the Assistant Chief Counsel, 12 New England Executive Park,
Burlington, MA; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(g) This amendment supersedes priority letter AD 96-09-01,
issued April 15, 1996.
(h) This amendment becomes effective on August 28, 1996.
Issued in Burlington, Massachusetts, on July 31, 1996.
Mark C. Fulmer,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 96-20397 Filed 8-12-96; 8:45 am]
BILLING CODE 4910-13-U
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.