Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations 42045

requirements, Transportation,

Tuberculosis.

PART 77—TUBERCULOSIS

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 9 CFR part 77 and

that was published at 62 FR 24801–

24802 on May 7, 1997.

Authority: 21 U.S.C. 111, 114, 114a, 115–

117, 120, 121, 134b, and 134f; 7 CFR 2.22,

2.80, and 371.2(d).

Done in Washington, DC, this 29th day of

July 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–20506 Filed 8–4–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–66–AD; Amendment 39–

10098; AD 97–15–07]

RIN 2120–AA64

Airworthiness Directives; AeromotIndustria Mecanico Metalurgica Ltda.

Model AMT–200 Powered Sailplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

97–15–07, which was sent previously to

all known U.S. owners and operators of

Aeromot-Industria Mecanico

Metalurgica Ltda. (Aeromot) Model

AMT–200 powered sailplanes. This AD

requires immediately inspecting, using

non-destructive testing (NDT) methods,

the forward horizontal stabilizer front

bolt, P/N 53451, for defects (scratches,

damaged threads, or surface cracks,

etc.), and replacing the bolt immediately

if found defective or at a certain time

period if not found defective. This AD

was the result of a failure of the forward

horizontal stabilizer bolt, part number

(P/N) 53451, on one of the affected

powered sailplanes. This failure was

caused by a low cycle fatigue crack that

was induced by overtorquing the bolt.

The actions specified by this AD are

intended to prevent failure of the

forward horizontal stabilizer bolt, which

could result in separation of the

horizontal stabilizer from the powered

sailplane and consequent loss of

control.

DATES: Effective August 15, 1997, to all

persons except those to whom it was

made immediately effective by priority

letter AD 97–15–07, issued July 11,

1997, which contained the requirements

of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 15,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

September 30, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 97–CE–66–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from Grupo

Aeromot, Aeromot-Industria Mecanico

Metalurgica Ltda., Av. das Industries1210, Bairro Anchieta, Caixa Postal

8031, 90200-Porto Alegre-RS, Brazil.

This information may also be examined

at the Rules Docket at the address above,

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Curtis Jackson, Aerospace Engineer,

FAA, Atlanta Aircraft Certification

Office, Campus Building, 1701

Columbia Avenue, suite 2-160, College

Park, Georgia 30337–2748; telephone

(404) 305–7358; facsimile (404) 305–

7348.

SUPPLEMENTARY INFORMATION:

Events Leading to This AD

The Centro Tecnico Aeroespacial

(CTA), which is the airworthiness

authority for Brazil, notified the FAA

that an unsafe condition may exist on

certain Aeromot Model AMT–200

powered sailplanes. The CTA of Brazil

reported a failure of the forward

horizontal stabilizer bolt, part number

(P/N) 53451. This failure was caused by

a low cycle fatigue crack that was

induced by overtorquing the bolt.

The horizontal stabilizer bolts on the

Aeromot Models AMT–100 and AMT–

200 powered sailplanes are torqued

with a special wrench provided by the

manufacturer at delivery of the powered

sailplane. When this special wrench is

utilized, overtorquing of these bolts is

impossible. When the forward

horizontal stabilizer bolt on the eight

Aeromot Model AMT–200 powered

sailplanes affected by this priority letter

AD were torqued at the factory, this

special wrench was not used and these

forward horizontal stabilizer bolts were

overtorqued.

Relevant Service Information and CTA

Action

Aeromot has issued Service Bulletin

S.B. No. 100–53–042, Issue Date: June 6,

1997; Revision Date: REV.1, July 3,

1997. This service bulletin includes

procedures for inspecting and replacing

the forward horizontal stabilizer front

bolt on the affected Aeromot Model

AMT–100 powered sailplanes.

The CTA for Brazil classified this

service bulletin as mandatory and

issued CTA EAD No. 97–07–01, in order

to assure the continued airworthiness of

these airplanes in Brazil.

The FAA’s Determination and

Explanation of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Aeromot Model AMT–

200 powered sailplanes of the same type

design, the FAA issued priority letter

AD 97–15–07, dated July 11, 1997, to

prevent failure of the forward horizontal

stabilizer bolt, which could result in

separation of the horizontal stabilizer

from the powered sailplane and

consequent loss of control. The AD

requires immediately inspecting, using

non-destructive testing (NDT) methods,

the forward horizontal stabilizer front

bolt, P/N 53451, for defects (scratches,

damaged threads, or surface cracks,

etc.), and replacing the bolt immediately

if found defective or at a certain time

period if not found defective.

Accomplishment of the required

inspection and replacement is in

accordance with Aeromot Industria Ltda

Service Bulletin S.B. No. 100–53–042,

Issue Date: June 6, 1997; Revision Date:

REV.1, July 3, 1997. This AD also allows

the option of replacing the bolt

immediately instead of accomplishing

the NDT inspection.

Sections 61.107 (d)(1) and 61.127

(d)(1) of the Federal Aviation

Regulations (14 CFR 61.107 (d)(1) and

14 CFR 61.127 (d)(1)) give flight

proficiency requirements for pilots,

including the assembly and disassembly

of gliders and sailplanes. Therefore, the

pilot is authorized to accomplish the

bolt replacement required by this AD.

Determination of the Effective Date of

the AD

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

letters issued on July 11, 1997, to all
42046 Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations

known U.S. operators of Aeromot Model

AMT–200 powered sailplanes. These

conditions still exist, and the AD is

hereby published in the Federal

Register as an amendment to section

39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective as to all persons.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting immediate flight safety and,

thus, was not preceded by notice and

opportunity to 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

above. 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 No. 97–CE–66–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 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 USC 106(g), 40113, 44701.

§39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

97–15–07 Aeromot-Industria Mecanico

Metalurgica LTDA.: Amendment 39–

10098; Docket No. 97–CE–66–AD.

Applicability: Model AMT–200 powered

sailplanes, serial numbers 200.057, 200.058,

200.059, 200.063, 200.065, 200.066, 200.071,

and 200.072, certificated in any category.

Note 1: This AD applies to each powered

sailplane 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 powered sailplanes 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 (e)

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 after

the effective date of this AD, unless already

accomplished, except to those operators

receiving this action by priority letter issued

July 11, 1997, which made these actions

effective immediately upon receipt.

To prevent failure of the forward

horizontal stabilizer bolt, which could result

in separation of the horizontal stabilizer from

the powered sailplane and consequent loss of

control, accomplish the following:

(a) Prior to further flight after the effective

date of this AD, inspect, using nondestructive testing (NDT) methods, the

forward horizontal stabilizer front bolt, part

number (P/N) 53451, for defects (scratches,

damaged threads, or surface cracks, etc.). If

any defects are found, prior to further flight,

replace the bolt with a new one of the same

part number. Accomplish the inspection and

replacement in accordance with the

instructions in Aeromot Industria Ltda

Service Bulletin S.B. No. 100–53–042, Issue

Date: June 6, 1997; Revision Date: REV.1, July

3, 1997.

(b) Within 25 hours time-in-service (TIS)

after the effective date of this AD, unless

already accomplished as required by

paragraph (a) of this AD, replace the forward

horizontal stabilizer front bolt, P/N 53451,

with a new one of the same part number.

Accomplish the replacement in accordance

with the instructions in Aeromot Industria

Ltda Service Bulletin S.B. No. 100–53–042,

Issue Date: June 6, 1997; Revision Date:

REV.1, July 3, 1997.

(c) The replacement required by this AD

may be accomplished prior to further flight

after the effective date of this AD in place of

the inspection required by paragraph (a) of

this AD.

(d) Sections 61.107 (d)(1) and 61.127 (d)(1)

of the Federal Aviation Regulations (14 CFR

61.107 (d)(1) and 14 CFR 61.127 (d)(1)) give

flight proficiency requirements for pilots,

including the assembly and disassembly of

gliders and sailplanes. Therefore, the bolt

replacement required by this AD may be

performed by the powered sailplane owner/

operator holding at least a private pilot

certificate as authorized by section 43.7 of

the Federal Aviation Regulations (14 CFR

43.7), and must be entered into the aircraft

records showing compliance with this AD in

accordance with section 43.11 of the Federal

Aviation Regulations (14 CFR 43.11).

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Atlanta Aircraft

Certification Office (ACO), Campus Building,

1701 Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Atlanta ACO.

(f) The inspection and replacement

required by this AD shall be done in

accordance Aeromot Industria Ltda Service

Bulletin S.B. No. 100–53–042, Issue Date:

June 6, 1997; Revision Date: REV.1, July 3,

1997. 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 Grupo Aeromot, Aeromot-Industria

Mecanico Metalurgica Ltda., Av. das
Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations 42047

Industries-1210, Bairro Anchieta, Caixa

Postal 8031, 90200-Porto Alegre-RS, Brazil.

Copies may be inspected at the FAA, Central

Region, Office of the Assistant Chief Counsel,

Room 1558, 601 E. 12th Street, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW, suite

700, Washington, DC.

(g) This amendment (39–10098) becomes

effective on August 15, 1997, to all persons

except those persons to whom it was made

immediately effective by priority letter AD

97–15–07, issued July 11, 1997, which

contained the requirements of this

amendment.

Issued in Kansas City, Missouri, on July 21,

1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–20316 Filed 8–4–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 738, 740, and 774

[Docket No. 970703164–7164–01]

RIN 0694–AB61

Liberalization of Export Controls for

Oscilloscopes (Including Certain

Transient Recorders), Affected ECCNs:

3A202, 3A292, 3E001, 3E201, and

3E292

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: The Bureau of Export

Administration maintains the

Commerce Control List (CCL, 15 CFR

part 774), which appears in the Export

Administration Regulations (EAR). This

rule revises the reason for control for

oscilloscopes (including certain

transient recorders) from NP Column 1

to NP Column 2, in the Commerce

Country Chart (Supplement No. 1 to 15

CFR part 738). In addition, revisions are

made to NP Column 2 of the Commerce

Country Chart, and Column [D:2]

Nuclear of Country Group D, to reflect

that Algeria, Andorra, Angola, Comoros,

Djibouti, Micronesia, Oman, United

Arab Emirates, and Vanuatu have signed

the Nuclear Non-Proliferation Treaty.

This revision will substantially reduce

the paperwork burden on the public by

decreasing the number of license

applications exporters and reexporters

are required to submit for oscilloscopes.

EFFECTIVE DATE: August 6, 1997.

FOR FURTHER INFORMATION CONTACT:

Joseph Chuchla, Office of Nuclear &

Missile Technology Controls,

Telephone: (202) 482–4188.

SUPPLEMENTARY INFORMATION:

Background

In May of 1997, the Nuclear Suppliers

Group (NSG) agreed to remove

oscilloscopes from the Annex to the

‘‘Nuclear-Related Dual-Use Equipment,

Materials, and Related Technology List’’

(the Annex) published by the

International Atomic Energy Agency

and adhered to by the United States and

other subscribing governments in the

NSG.

The items on the CCL that are subject

to nuclear nonproliferation controls are

referred to as the Nuclear Referral List

(NRL). The NRL includes NSGcontrolled items and other items subject

to control for nuclear non-proliferation

reasons by the United States. This

Administration has ongoing concerns

about the value and technical

significance of oscilloscopes in nuclear

weapons testing; therefore, the

Administration has decided not to

remove oscilloscopes from the NRL. The

U.S. proposed, and the NSG approved,

a statement of NSG members,

commitment to preventing the use of

oscilloscopes contrary to the basic

principle of non-proliferation. The

members agreed to apply available

authority to ensure exports are not

diverted or used contrary to Annex

Guidelines. The U.S., U.K., and

Switzerland (the only producers/

exporters of the relevant oscilloscopes)

agreed to retain national export controls

and to exercise vigilance on these items.

Where a license was required for all

non-NSG member countries (NP

Column 1 of the Commerce Country

Chart, Supplement No. 1 to 15 CFR part

738) and countries that have been

designated terrorist countries of concern

(AT Column 1), this rule revises the

license requirements for oscilloscopes

(including transient recorders other than

those controlled by 3A002.a.5) and

specially designed components therefor,

in that a license will only be required

for nuclear countries of concern (NP

Column 2) and countries that have been

designated terrorism-supporting

countries (AT Column1).

This final rule amends the CCL (15

CFR part 774) by removing ECCN 3A202

and creating a new ECCN 3A292 to

accommodate the new nuclear level of

control (NP Column 2) for oscilloscopes

(including transient recorders other than

those controlled by 3A002.a.5) and

specially designed components therefor.

Also, a revision is made to the heading

and the Reason for Control sections of

ECCN 3E201 to remove the reference to

ECCN 3A202 and to the heading and

license requirement sections of ECCN

3E001. In addition, this rule amends the

CCL by creating a new ECCN 3E292 to

accommodate the unilateral technology

controls on oscilloscopes (including

transient recorders other than those

controlled by 3A002.a.5) and specially

designed components therefor.

Lastly, this rule will revise the

Commerce Country Chart in

Supplement No. 1 to part 738 and

Country Group D in Supplement No. 1

to part 740 to reflect that Algeria,

Andorra, Angola, Comoros, Djibouti,

Micronesia, Oman, United Arab

Emirates, and Vanuatu have become

signatories to the Nuclear NonProliferation Treaty. Therefore, the

Commerce Country Chart is amended by

removing the corresponding ‘‘x’’ under

the heading ‘‘NP Column 2’’ for these

countries and Country Group D is

amended by removing the reference ‘‘x’’

under the heading ‘‘[D:2] Nuclear’’ for

the same countries.

Although the Export Administration

Act (EAA) expired on August 20, 1994,

the President invoked the International

Emergency Economic Powers Act and

continued in effect, to the extent

permitted by law, the provisions of the

EAA and the EAR in Executive Order

12924 of August 19, 1994, as extended

by the President’s notice of August 15,

1995 and August 14, 1996 (3 CFR, 1996

Comp. 298 (1997)).

Rulemaking Requirements

1. This final rule has been determined

to be not significant for purposes of

Executive Order 12866.

2. This rule involves collections of

information subject to the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.). This collection has been

approved by the Office of Management

and Budget under control number 0694–

0088. The effect of this rule will

decrease license application

requirements, thus decreasing the

paperwork burden on the public to the

Department of Commerce.

Notwithstanding any other provision of

law, no person is required to respond

nor will a person be subject to a penalty

for failure to comply with a collection

of information subject to the

requirements of the Paperwork

Reduction Act unless that collection of

information displays a currently valid

OMB Control Number.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under Executive Order

12612.

4. The provisions of the

Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed

rulemaking, the opportunity for public

participation, and a delay in effective