45150 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

PART 240—PROCEEDINGS TO

DETERMINE REMOVABILITY OF

ALIENS IN THE UNITED STATES

5. The authority citation for part 240

continues to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1186a,

1224, 1225, 1226, 1227, 1251, 1252 note,

1252a, 1252b, 1362; 8 CFR part 2.

6. In § 240.11, paragraph (f) is

amended by adding two new sentences

after the 1st sentence, to read as follows:

§ 240.11 Ancillary matters, applications.

* * * * *

(f) * * * When a motion to reopen or

reconsider is made concurrently with an

application for relief seeking one of the

immigration benefits set forth in

paragraphs (a) and (c) of this section,

only the fee set forth in § 103.7(b)(1) of

this chapter for the motion must

accompany the motion and application

for relief. If such a motion is granted,

the appropriate fee for the application

for relief, if any, set forth in 8 CFR

103.7(b)(1), must be paid within the

time specified in order to complete the

application.

Dated: August 18, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–22598 Filed 8–25–97; 8:45 am]

BILLING CODE 4410–30–M

FEDERAL RESERVE SYSTEM

12 CFR Part 265

[Docket No. R–0984]

Rules Regarding Delegation of

Authority

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule.

SUMMARY: The Board is amending its

delegation rules to remove the

delegation to the Board’s General

Counsel to approve provisions of

Federal Reserve Bank operating

circulars related to uniform services.

Under a newly amended supervisory

letter, other Board officials will review

uniform Reserve Bank operating

circulars, in consultation with the

General Counsel.

EFFECTIVE DATE: August 21, 1997.

FOR FURTHER INFORMATION CONTACT:

Oliver Ireland, Associate General

Counsel, (202/452–3625) or Stephanie

Martin, Senior Attorney (202/452–

3198), Legal Division. For the hearing

impaired only, contact Diane Jenkins,

Telecommunications Device for the Deaf

(TDD) (202/452–3544), Board of

Governors of the Federal Reserve

System, 20th and C Streets, N.W.,

Washington, D.C. 20551.

SUPPLEMENTARY INFORMATION: The Board

recently revised its supervisory letter

containing policies and guidelines

concerning Federal Reserve Bank

operations. One of the provisions of the

amended supervisory letter requires the

Reserve Banks to submit proposed

operating circulars or amendments to

circulars to the Director of the Division

of Reserve Bank Operations and

Payment Systems (or to the Director of

the Division of Monetary Affairs, in the

case of the lending circular). The

Reserve Bank may issue or amend the

circular if the appropriate Director, in

consultation with the General Counsel,

does not object within ten business days

of receiving the proposed circular or

amendment. In accordance with this

new review procedure, the Board is

amending its Rules Regarding

Delegation of Authority (12 CFR part

265) to remove the delegation to the

Board’s General Counsel to approve

provisions of Federal Reserve Bank

operating circulars related to uniform

services.

Administrative Procedure Act

The Administrative Procedure Act (5

U.S.C. 553(a)(2)) exempts ‘‘matters

relating to agency management or

personnel’’ from the requirements

regarding notice of proposed

rulemaking, public comment, and 30-

day advance publication. Because the

Board’s delegation rules fall under this

exemption, the Board is adopting this

amendment without notice-andcomment or advance publication

procedures.

List of Subjects in 12 CFR Part 265

Authority delegations (Government

agencies), Banks, banking, Federal

Reserve System.

For the reasons set forth in the

preamble, the Board is amending 12

CFR Part 265 as set forth below:

PART 265—RULES REGARDING

DELEGATION OF AUTHORITY

1. The authority citation for Part 265

continues to read as follows:

Authority: 12 U.S.C. 248(i) and (k).

§ 265.6 [Amended]

2. In § 265.6, paragraph (a)(5) is

removed.

By order of the Board of Governors of the

Federal Reserve System, August 21, 1997.

William W. Wiles,

Secretary of the Board.

[FR Doc. 97–22685 Filed 8–25–97; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–75–AD; Amendment 39–

10113; AD 97–18–03]

RIN 2120–AA64

Airworthiness Directives; PuritanBennett Aero Systems Co., Cone and

Seal Assemblies, Part Numbers 210543

and 210543–01

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to Puritan-Bennett Aero Systems

Co. (Puritan-Bennett) cone and seal

assemblies, part numbers 210543 and

210543–01, that were manufactured or

repaired from August 1996 through July

1997. This AD applies to cone and seal

assemblies regardless of whether or not

they are attached to certain PuritanBennett sweep-on crew masks. The AD

requires replacing any cone and seal

assembly manufactured or repaired

during the above time frame. This AD

results from quality control tests that

show that these cone and seal

assemblies could have faulty ultrasonic

welds. The actions specified by this AD

are intended to prevent failure of the

ultrasonic weld on the cone and seal

assembly of the oxygen mask with

consequent reduced oxygen flow

through the mask, which could result in

the crew not being able to obtain oxygen

in an emergency situation.

DATES: Effective September 22, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

October 31, 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–75-AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from PuritanBennett Aero Systems Co., 10800

Pflumm Road, Lenexa, Kansas 66215;

telephone (913) 338–9800; facsimile

(913) 338–7353. This information may

also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket 97-

CE–75-AD, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT:

Michael D. Imbler, Aerospace Engineer,
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations 45151

FAA, Wichita Aircraft Certification

Office, 1801 Airport Road, Room 100,

Mid-Continent Airport, Wichita, Kansas

67209; telephone (316) 946–4147;

facsimile (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Discussion

Puritan-Bennett recently notified the

FAA of a quality control problem on

cone and seal assemblies, part numbers

210543 and 210543–01, that were

manufactured or repaired from August

1996 through July 1997. Quality control

sampling indicates that approximately

10-percent of the cone and seal

assemblies manufactured or repaired

during this time have ultrasonic welds

that could fail. The FAA has no way of

determining which particular cone and

seal assemblies may have ultrasonic

welds that could fail.

These Puritan-Bennett cone and seal

assemblies, part numbers 210543 and

210543–01, may be attached to the

following part number Puritan-Bennett

sweep-on crew oxygen masks:

114321–01, 114321–15, 114321–16,

114322–01, 114322–02, 114322–03,

114322–05, 114323–01, 114622–01,

114622–02, 114623–01, 114623–02

If the affected cone and seal

assemblies that have ultrasonic welds

that could fail are not identified and

replaced, then the oxygen flow through

the crew masks could be reduced,

which could result in the crew not being

able to obtain oxygen in an emergency

situation.

Relevant Service Information

Puritan-Bennett has issued Service

Bulletin No. 3500–97–14, dated August

7, 1997. This service bulletin specifies

identification and replacement of these

part numbers 210543 and 210543–01

cone and seal assemblies that were

manufactured or repaired from August

1996 through July 1997.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

including the relevant service

information, the FAA has determined

that AD action should be taken to

prevent reduced oxygen flow through

the crew mask, which could result in

the crew not being able to obtain oxygen

in an emergency situation.

Explanation of the Provisions of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in aircraft that have these part

numbers 210543 and 210543–01

Puritan-Bennett cone and seal

assemblies installed, the FAA is issuing

an AD. This AD requires replacing any

of these cone and seal assemblies that

were manufactured or repaired from

August 1996 through July 1997.

Compliance Time of This AD

The condition specified by this AD is

not caused by actual hours time-inservice (TIS) of the aircraft where the

affected Puritan-Bennett cone and seal

assemblies are installed. The need for

the replacement has no correlation to

the number of times the equipment is

utilized or the age of the equipment. For

this reason, the compliance time of this

AD is presented in calendar time

instead of hours TIS.

Determination of the Effective Date of

the AD

Since a situation exists (reduced

oxygen flow to the crew in an

emergency situation) that requires the

immediate adoption of this regulation, it

is found that notice and opportunity for

public prior 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 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–75–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

(otherwise, an evaluation is not

required). A copy of it, if filed, may be

obtained from the Rules Docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, 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:

97–18–03 Puritan-Bennett Aero Systems

Co.: Amendment 39–10113; Docket No.

97–CE–75–AD.

Applicability: Cone and Seal assemblies,

part numbers 210543 and 210543–01, that
45152 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

were manufactured or repaired from August

1996 through July 1997; utilized in aircraft

that are certificated in any category.

Note 1: These Puritan-Bennett cone and

seal assemblies, part numbers 210543 and

210543–01, may be attached to the following

part number Puritan-Bennett sweep-on crew

oxygen masks:

114321–01, 114321–15, 114321–16, 114322–

01, 114322–02, 114322–03, 114322–05,

114323–01, 114622–01, 114622–02,

114623–01, 114623–02

Note 2: This AD applies to each aircraft

equipped with a cone and seal assembly that

is identified in the preceding applicability

provision, regardless of whether the aircraft

has been modified, altered, or repaired in the

area subject to the requirements of this AD.

For aircraft 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 7

days after the effective date of this AD, unless

already accomplished.

To prevent failure of the ultrasonic weld

on the cone and seal assembly of the oxygen

mask with consequent reduced oxygen flow

through the mask, which could result in the

crew not being able to obtain oxygen in an

emergency situation, accomplish the

following:

(a) Replace any cone and seal assembly

referenced in the Applicability section of this

AD with an FAA-approved assembly not

covered by this AD.

(b) As of the effective date of this AD, no

person may equip an aircraft with any

Puritan-Bennett cone and seal assembly, part

numbers 210543 and 210543–01, that were

manufactured or repaired between August

1996 and July 1997.

Note 3: Puritan-Bennett Service Bulletin

No. 3500–97–14, dated August 7, 1997,

specifies identification and replacement of

the part numbers 210543 and 210543–01

cone and seal assemblies.

(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 aircraft to

a location where the requirements of this AD

can be accomplished.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Wichita Aircraft

Certification Office (ACO), 1801 Airport

Road, Room 100, Mid-Continent Airport,

Wichita, Kansas 67209. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Wichita ACO.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

(e) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to Puritan-Bennett

Aero Systems Co., 10800 Pflumm Road,

Lenexa, Kansas 66215; or may examine this

document at the FAA, Central Region, Office

of the Assistant Chief Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

(f) This amendment (39–10113) becomes

effective on September 22, 1997.

Issued in Kansas City, Missouri, on August

19, 1997.

Terry L. Chasteen,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–22638 Filed 8–25–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–08; Amendment 39–

10106; AD 97–17–04]

RIN 2120–AA64

Airworthiness Directives; Pratt &

Whitney JT8D–200 Series Turbofan

Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Pratt & Whitney JT8D–200

series turbofan engines, that currently

requires cleaning of front compressor

front hubs (fan hubs); initial and

repetitive eddy current (ECI) and

fluorescent penetrant inspections (FPI)

of tierod and counterweight holes for

cracks; removal of bushings; the

cleaning and ECI and FPI of bushed

holes for cracks; and, if necessary,

replacement with serviceable parts. In

addition, the current AD requires

reporting the findings of cracked fan

hubs. This amendment does not change

the current AD’s inspection procedures,

or the effectivity date that starts the

cycle count for the initial inspection

schedules. This AD does, however, add

an additional inspection schedule that

requires the initial inspection of certain

fan hubs with standard drilled holes

and coolant channel drilled (CCD) holes

to occur earlier than the existing AD

requires. Also, this AD requires

reporting the results of the initial fan

hub inspections. This amendment is

prompted by additional investigation

since publication of the current AD that

reveals that certain fan hubs with

standard drilled holes and CCD holes

may be more susceptible to cracking.

The actions specified by this AD are

intended to prevent fan hub failure due

to tierod, counterweight, or bushed hole

cracking, which could result in an

uncontained engine failure and damage

to the aircraft.

DATES: Effective September 30, 1997.

The incorporation by reference of

certain publications listed in the

regulations was previously approved by

the Director of the Federal Register as of

March 5, 1997 62 FR 4902, February 3,

1997).

ADDRESSES: The service information

referenced in this AD may be obtained

from Pratt & Whitney, 400 Main St., East

Hartford, CT 06108; telephone (860)

565–6600, fax (860) 565-4503. This

information may be examined at the

Federal Aviation Administration (FAA),

New England Region, Office of the

Assistant Chief Counsel, 12 New

England Executive Park, Burlington, MA

01803–5299; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Christopher Spinney, Aerospace

Engineer, Engine Certification Office,

FAA, Engine and Propeller Directorate,

12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(617) 238–7175, fax (617) 238–7199.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 97–02–11,

Amendment 39–9896 (62 FR 4902,

February 3, 1997), applicable to Pratt &

Whitney (PW) JT8D–200 series turbofan

engines, was published in the Federal

Register on February 24, 1997 (62 FR

8198), and a correction to a printing

error in a table was published on March

31, 1997 (62 FR 15225). That action

proposed to require cleaning, initial and

repetitive eddy current inspections (ECI)

and fluorescent penetrant inspections

(FPI) for cracks of tierod and

counterweight holes; removal of

bushings; the cleaning and initial and

repetitive ECI and FPI of bushed holes

for cracks; and, if necessary, replacing

with serviceable parts.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Three commenters state that the

March 5, 1997, date to begin counting

cycles is objectionable, as a retroactive

date is unenforceable. The FAA concurs

in part. The March 5, 1997, date is

supported by a safety risk analysis, but

basing the cyclic count on this date