4908 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

corrosion and fatigue cracking, accomplish

the following:

(a) Within 15 days after April 15, 1996 (the

effective date of AD 96–07–51, amendment

39–9562): Perform an internal visual

inspection to detect corrosion and cracking of

the fuselage forward upper skin and to detect

cracking of the fuselage frame in the area of

the forward and aft loop antenna assemblies

of the automatic direction finder (ADF), in

accordance with McDonnell Douglas Alert

Service Bulletin DC9–53A282, dated March

20, 1996.

(1) If no corrosion or cracking is detected:

Repeat the visual inspection required by

paragraph (a) of this AD thereafter at

intervals not to exceed 6 months.

(2) If any corrosion or cracking is detected

that is within the limits specified in Chapter

53–04, Figure 29, of the DC–9 Structural

Repair Manual (SRM): Prior to further flight,

repair in accordance with Chapter 53–04,

Figure 29, of the SRM. Thereafter, repeat the

visual inspection required by paragraph (a) of

this AD at intervals not to exceed 6 months.

(3) If any corrosion or cracking is detected

in the fuselage forward upper skin, or if any

cracking is detected in the fuselage frame,

and that corrosion or cracking is outside the

limits specified in Chapter 53–04, Figure 29,

of the SRM: Prior to further flight, repair in

accordance with a method approved by the

Manager, Los Angeles Aircraft Certification

Office (ACO), FAA, Transport Airplane

Directorate.

(b) At the applicable time specified in

paragraph (b)(1) of (b)(2) of this AD, remove

the ADF antennas and perform both a visual

inspection and a high frequency eddy current

inspection to detect corrosion and cracking of

the fuselage forward upper skin under the

antennas, in accordance with McDonnell

Douglas Service Bulletin DC9–53–284, dated

August 20, 1996.

(1) For airplanes on which the ADF

antenna has not been previously removed

and the fuselage skin has not been previously

inspected for evidence of corrosion, within

the last 4 years prior to the effective date of

this AD: Accomplish the inspections within

2 years after the effective date of this AD.

(2) For airplanes on which the ADF

antenna has been previously removed and

the fuselage skin has been previously

inspected for evidence of corrosion and/or

repaired within the last 4 years prior to the

effective date of this AD: Accomplish the

inspections within 4 years after the effective

date of this AD.

(c) As a result of the inspections required

by paragraph (b) of this AD, accomplish the

applicable action specified in paragraph

(c)(1), (c)(2), or (c)(3) of this AD.

Accomplishment of the actions specified in

paragraph (c)(1) or (c)(2) constitutes

terminating action for the requirements of

paragraphs (a)(1) and (a)(2) of this AD.

(1) If no cracking or corrosion is detected:

Prior to further flight, reinstall the ADF

antennas using the improved installation

procedure in accordance with McDonnell

Douglas Service Bulletin DC9–53–284, dated

August 20, 1996. Thereafter, no further action

is required by this AD.

(2) If any cracking or corrosion is detected

that is within the limits specified in Chapter

53–04 of the DC–9 Structural Repair Manual

(SRM): Prior to further flight, repair in

accordance with Chapter 53–04 of the DC–9

SRM, and reinstall the ADF antennas using

the improved installation procedure in

accordance with McDonnell Douglas Service

Bulletin DC9–53–284, dated August 20, 1996.

Thereafter, no further action is required by

this AD.

(3) If any cracking or corrosion is detected

that is outside the limits specified in Chapter

53–04 of the SRM: Prior to further flight,

repair in accordance with a method approved

by the Manager, Los Angeles Certification

Office (ACO), FAA, Transport Airport

Directorate.

(d)(1) 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, Los

Angeles 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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(2) Alternative methods of compliance,

approved in accordance with AD 96–07–71,

amendment 39–9562, are approved as

alternative methods of compliance with this

AD.

(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 actions shall be done in accordance

with McDonnell Douglas Alert Service

Bulletin DC9–53A282, dated March 20, 1996;

and McDonnell Douglas Service Bulletin

DC9–53–284, dated August 20, 1996. The

incorporation by reference of the former

service bulletin was approved previously by

the Director of the Federal Register, in

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

part 51, as of April 15, 1996 (61 FR 15882,

April 10, 1996). The incorporation by

reference of the latter service bulletin 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 McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1-L51

(2–60). Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

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

FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(g) This amendment becomes effective on

March 10, 1997.

Issued in Renton, Washington, on January

23, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2222 Filed 1–31–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–CE–33–AD; Amendment 39–

9909; AD 97–03–03]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Britten-Norman Ltd. BN–2, BN–2A, and

BN–2B Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Pilatus BrittenNorman BN–2, BN–2A, and BN–2B

series airplanes that do not have

generator terminal diodes installed with

Modification NB/M/1571. This action

requires removing the terminal diodes

that have a 70 amp direct current (DC)

Generation System, which is referred to

as Modification NB/M/1148, and

installing Modification NB/M/1571,

which consists of new terminal diodes

with a higher amp rating. Reports from

operators that one or both diodes were

failing prompted this action. The

actions specified by this AD are

intended to prevent loss of electrical

power to the navigation,

communications, and light systems,

which could impair the pilot’s ability to

maintain control of the airplane.

DATES: Effective March 23, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 23,

1997.

ADDRESSES: Service information that

applies to this AD may be obtained from

Pilatus Britten-Norman, Ltd.,

Bembridge, Isle of Wight, United

Kingdom, PO35 5PR. This information

may also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket 96-

CE–33–AD, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106; or

at the Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Tom Rodriguez, Program Manager,

Brussels Aircraft Certification Division,

FAA, Europe, Africa and the Middle
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4909

East Office, c/o American Embassy, b1000, Brussels, Belgium; telephone

(322) 508.2715, facsimile (322) 230.6899

or Mr. S. M. Nagarajan, Project Officer,

Small Airplane Directorate, 1201

Walnut, Suite 900, Kansas City,

Missouri, 64106; telephone (816) 426–

6932, facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of this

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to Pilatus Britten-Norman BN–2,

BN–2A, and BN–2B series airplanes that

do not have generator terminal diodes

with Modification NB/M/1571 installed

was published in the Federal Register

on August 22, 1996 (61 FR 43319). The

action proposed to require removing the

diodes (type 10B1 or 10D1) installed on

the terminals of the STBD (RIGHT) GEN

and PORT (LEFT) GEN switches (SW2

and SW3), and installing new approved

diodes that are type 60S6.

Accomplishment of the proposed action

would be in accordance with Pilatus

Britten-Norman Aircraft Manufacturers

Service Bulletin (SB) BN–2/SB.228,

Issue 2, dated January 17, 1996.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Cost Impact

The FAA estimates that one airplane

in the U.S. registry will be affected by

this AD, that it will take approximately

one workhour per airplane to

accomplish this action, and that the

average labor rate is approximately $60

an hour. Parts cost approximately $40

per airplane. Based on these figures, the

total cost impact of this AD on the U.S.

operator is estimated to be $100. The

FAA has no way of determining

whether the owner/operator of this

airplane has accomplished this action.

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 copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

97–03–03 Pilatus Britten-Norman Ltd.:

Amendment 39–9909; Docket No. 96–

CE–33–AD.

Applicability: BN–2, BN–2A, and BN–2B

series airplanes (all serial numbers) that do

not have Modification NB/M/1571 installed,

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 (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 within the next 50

hours time-in-service (TIS) after the effective

date of this AD, unless already accomplished.

To prevent loss of electrical power to the

navigation, communications and light

systems, which could impair the pilot’s

ability to maintain control of the airplane,

accomplish the following:

(a) Remove the diodes (quantity 2, part

number (P/N) 340502014, type 10B1 or 10D1)

installed on the terminals of the STBD

(RIGHT) GEN and PORT (LEFT) GEN

switches (SW2 and SW3), and install new

approved diodes (quantity 2, P/N NB–81–

5873, type 60S6) in accordance with the

Accomplishment Instructions section in

Pilatus Britten-Norman Aircraft

Manufacturers Service Bulletin (SB) BN–

2/SB.228, Issue 2, dated January 17, 1996.

(b) Accomplishment of paragraph (a) of

this AD is considered accomplishment of

Modification NB/M/1571.

(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) An alternative method of compliance or

adjustment of compliance time that provides

an equivalent level of safety may be approved

by the Manager, Brussels Aircraft

Certification Division, FAA, Europe, Africa

and the Middle East Office, c/o American

Embassy, b-1000, Brussels, Belgium or the

Manager, Small Airplane Directorate, 1201

Walnut, suite 900, Kansas City, Missouri,

64106. The request shall be forwarded

through an appropriate FAA Maintenance

Inspector, who may add comments and then

send it to the Manager, Brussels Aircraft

Certification Division or the Small Airplane

Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Brussels Aircraft

Certification Division or the Small Airplane

Directorate.

(e) The modification required by this AD

shall be done in accordance with Pilatus

Britten-Norman Aircraft Manufacturers

Service Bulletin BN–2/SB.228, Issue 2, dated

January 17, 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 Pilatus Britten-Norman, Ltd.,

Bembridge, Isle of Wight, United Kingdom,

PO35 5PR . 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.

(f) This amendment (39–9909) becomes

effective on March 23, 1997.
4910 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

Issued in Kansas City, Missouri, on January

22, 1997.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–2216 Filed 1–31–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 961205341–6341–01]

RIN 0694–AB24

Entity List

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: The Export Administration

Regulations (EAR) provide that the

Bureau of Export Administration (BXA)

may inform exporters, individually or

through amendment to the EAR, that a

license is required for exports or

reexports to certain entities. To provide

notice informing the public of an entity

subject to this rule, this rule establishes

a list of entities that are ineligible to

receive specified items without a

license.

EFFECTIVE DATE: This rule is effective

February 3, 1997.

FOR FURTHER INFORMATION CONTACT:

James A. Lewis, Office of Strategic

Trade and Foreign Policy Controls,

Bureau of Export Administration,

Telephone: (202) 482–0092.

SUPPLEMENTARY INFORMATION:

Background

General Prohibition Five (§ 736.2(b)(5)

of the EAR) prohibits exports to certain

end-users or end-uses without a license.

This final rule amends § 744.1 to refer

exporters to the newly added

Supplement No. 4 to part 744 of the

EAR, the Entity List, which informs

exporters that a license is required for

shipments to Ben Gurion University,

Israel, of computers with a CTP between

2,000 and 7,000 Mtops.

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.

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.). These collections have been

approved by the Office of Management

and Budget under control number 0694–

0088.

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

date, are inapplicable because this

regulation involves a military and

foreign affairs function of the United

States (Sec. 5 U.S.C. 553(a)(1)). Further,

no other law requires that a notice of

proposed rulemaking and an

opportunity for public comment be

given for this final rule. Because a

notice of proposed rulemaking and an

opportunity for public comment are not

required to be given for this rule under

5 U.S.C. 553 or by any other law, the

requirements of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) are

not applicable.

Therefore, this regulation is issued in

final form. Although there is no formal

comment period, public comments on

this regulation are welcome on a

continuing basis. Comments should be

submitted to Hillary Hess, Regulatory

Policy Division, Bureau of Export

Administration, Department of

Commerce, P.O. Box 273, Washington,

DC 20044.

List of Subjects in 15 CFR Part 744

Exports, Foreign trade, Reporting and

recordkeeping requirements.

Accordingly, part 744 of the Export

Administration Regulations (15 CFR

parts 730–774) is amended, as follows:

PART 744—[AMENDED]

1. The authority citation for 15 CFR

part 744 is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;

42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3

CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR

33181, 3 CFR, 1993 Comp., p. 608; E.O.

12924, 59 FR 43437, 3 CFR, 1994 Comp., p.

917; E.O. 12938, 59 FR 59099, 3 CFR, 1994

Comp., p. 950; E.O. 13026 (November 15,

1996, 61 FR 58767); Notice of August 15,

1995 (60 FR 42767, August 17, 1995); and

Notice of August 14, 1996 (61 FR 42527).

2. Section 744.1 is amended by

adding paragraph (c) to read as follows:

§ 744.1 General provisions.

* * * * *

(c) A list of entities is included in

Supplement No. 4 to this part 744 of the

EAR (Entity List). Exporters are hereby

informed that these entities are

ineligible to receive any items subject to

the EAR without a license to the extent

specified in the supplement. License

applications will be reviewed under the

license review standards set forth in this

part 744.

3. A new Supplement No. 4 is added

to part 744 to read as follows:

Supplement No. 4 to Part 744—Entity

List

This Supplement lists certain entities

subject to license requirements for specified

items under this part 744 of the EAR. This

list of entities is revised and updated on a

periodic basis in this Supplement by adding

new or amended notifications and deleting

notifications no longer in effect.

Ben Gurion University, Israel for computers

between 2,000 and 7,000 Mtops

Dated: January 28, 1997.

Sue E. Eckert,

Assistant Secretary for Export

Administration.

[FR Doc. 97–2503 Filed 1–31–97; 8:45 am]

BILLING CODE 3510–33–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1507

Fireworks Devices; Fuse Burn Time;

Final Rule

AGENCY: Consumer Product Safety

Commission.

ACTION: Affirmation of final rule and

announcement of effective date.

SUMMARY: The Commission announces

that it has received no objections to its

final rule amending its fireworks

regulations under the Federal

Hazardous Substances Act that was

published on December 20, 1996. 61 FR

67197. This final rule changes the

allowable fuse burn times of fireworks

devices (except firecrackers) from the

previously required range of 3 to 6

seconds to the range of 3 to 9 seconds.

EFFECTIVE DATE: The rule becomes

effective on February 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Poth, Office of Compliance,

Consumer Product Safety Commission,

Washington, DC 20207–0001; telephone

(301) 504–0400, ext. 1375.

SUPPLEMENTARY INFORMATION: On

December 20, 1996, the Commission