46184 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations

and not more than $110,000 for each

such failure.

* * * * *

(e) First offenders under paragraphs

(a) or (b) of this section shall be subject

to a civil penalty of $11,000, absent

aggravating circumstances. Second and

subsequent offenses by persons shall be

subject to an appropriate civil penalty

between $11,000 and $110,000, as

determined by the agency head or his or

her designee.

* * * * *

13. Appendix A to part 601-

Certification Regarding Lobbying, is

amended as follows:

a. In the section titled ‘‘Certification

for Contracts, Grants, Loans, and

Cooperative Agreements’’, paragraph

(3), the last sentence of the second

undesignated paragraph is revised; and

b. In the section titled ‘‘Statement for

Loan Guarantees and Loan Insurance’’,

the last sentence in the third

undesignated paragraph is revised to

read as follows:

Appendix A to Part 601—Certification

Regarding Lobbying

Certification for Contracts, Grants, Loans,

and Cooperative Agreements

* * * * *

(3) * * * Any person who fails to file the

required certification shall be subject to a

civil penalty of not less than $11,000 and not

more than $110,000 for each such failure.

Statement for Loan Guarantees and Loan

Insurance

* * * * *

* * * Any person who fails to file the

required statement shall be subject to a civil

penalty of not less than $11,000 and not more

than $110,000 for each such failure.

PART 820—PROCEDURAL RULES

FOR DOE NUCLEAR ACTIVITIES

14. The authority citation for part 820

is revised to read as follows:

Authority: 42 U.S.C. 2201, 2282(a), 7191;

28 U.S.C. 2461 note.

15. A new subpart G is added to part

820 to read as follows:

Subpart G—Civil Penalties

820.80 Basis and purpose.

820.81 Amount of penalty.

Subpart G—Civil Penalties

§ 820.80 Basis and purpose.

This subpart implements the Federal

Civil Penalties Inflation Adjustment Act

of 1990 (the Act) (Pub. L. 101–410), as

amended by the Debt Collection

Improvement Act of 1996 (Pub. L. 104–

134, section 31001). 28 U.S.C. 2461

note. As amended, the Act requires each

agency head to adjust by regulation each

civil monetary penalty provided by law

within the jurisdiction of the Federal

agency by the inflation adjustment

specified in 28 U.S.C. 2461 note. This

subpart increases the civil penalty

amount specified in 42 U.S.C. 2282a.

§ 820.81 Amount of penalty.

Any person subject to a penalty under

42 U.S.C. 2282a shall be subject to a

civil penalty in an amount not to exceed

$110,000 for each such violation. If any

violation under 42 U.S.C. 2282a is a

continuing one, each day of such

violation shall constitute a separate

violation for the purpose of computing

the applicable civil penalty.

PART 1013—PROGRAM FRAUD CIVIL

REMEDIES AND PROCEDURES

16. The authority citation for part

1013 is revised to read as follows:

Authority: 31 U.S.C. 3801–3812; 28 U.S.C.

2461 note.

17. Section 1013.3 is amended by

revising paragraphs (a)(1)(iv) and

(b)(1)(ii) to read as follows:

§ 1013.3 Basis for civil penalties and

assessments.

(a) * * *

(1) * * *

(iv) Is for payment for the provision

of property or services which the person

has not provided as claimed, shall be

subject, in addition to any other remedy

that may be prescribed by law, to a civil

penalty of not more than $5,500 for each

such claim.

* * * * *

(b) * * *

(1) * * *

(ii) Contains or is accompanied by an

express certification or affirmation of

the truthfulness and accuracy of the

contents of the statement, shall be

subject, in addition to any other remedy

that may be prescribed by law, to a civil

penalty of not more than $5,500 for each

such statement.

* * * * *

PART 1017—IDENTIFICATION AND

PROTECTION OF UNCLASSIFIED

CONTROLLED NUCLEAR

INFORMATION

18. The authority citation for part

1017 is revised to read as follows:

Authority: 42 U.S.C. 2168; 28 U.S.C. 2461

note.

19. Section 1017.18 is amended by

revising the last sentence of the

introductory text to paragraph (a) to

read as follows:

§ 1017.18 Violations.

(a) Civil Penalty. * * * The Assistant

Secretary for Defense Programs may

recommend to the Secretary imposition

of this civil penalty, which shall not

exceed $110,000 for each violation.

* * * * *

PART 1050—FOREIGN GIFTS AND

DECORATIONS

20. The authority citation for part

1050 is revised to read as follows:

Authority: The Constitution of the United

States, Article I, Section 9; 5 U.S.C. 7342; 22

U.S.C. 2694; 42 U.S.C. 7254 and 7262; 28

U.S.C. 2461 note.

21. Section 1050.303 is amended by

revising the last sentence in paragraph

(d) to read as follows:

§ 1050.303 Enforcement.

* * * * *

(d) * * * The court in which such

action is brought may assess a civil

penalty against such employee in any

amount not to exceed the retail value of

the gift improperly solicited or received

plus $5,500.

[FR Doc. 97–23212 Filed 8–29–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–181–AD; Amendment

39–10118; AD 97–18–08]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace (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 British Aerospace

(Jetstream) Model 4101 airplanes. This

action requires a visual inspection to

detect wear damage of the drag brace of

the main landing gear (MLG), and

replacement of any worn parts with new

or serviceable parts. This action also

requires an inspection to determine

whether there is movement in the

spherical bearing of the lower link of the

drag brace, certain measurements of the

drag brace, and repetitive inspections, if

necessary. This amendment is prompted

by reports of loose spherical bearings in

the links of the drag brace of the MLG.

The actions specified in this AD are

intended to prevent reduced structural

integrity and potential collapse of the
Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations 46185

MLG due to loose spherical bearings

and subsequent wear damage of the

links of the drag brace.

DATES: Effective September 17, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

17, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

November 3, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

181–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from AI(R)

American Support, Inc., 13850 Mclearen

Road, Herndon, Virginia 20171. 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:

Mark Quam, Aerospace Engineer,

ANM–113, FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056;

telephone (425) 227–2145; fax (425)

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 British

Aerospace (Jetstream) Model 4101

airplanes. The CAA advises that it has

received reports of loose spherical

bearings in the lower link of the drag

brace of the main landing gear (MLG).

The loosened spherical bearings have

been attributed to improper swaging on

some landing gear units. Such loosened

spherical bearings and subsequent wear

damage of the links of the drag brace, if

not detected and corrected, could result

in reduced structural integrity and

potential collapse of the MLG.

Explanation of Relevant Service

Information

British Aerospace has issued

Jetstream Alert Service Bulletin J41–

A32–061, dated July 11, 1997, which

describes procedures for performing a

visual inspection to detect wear damage

of the drag brace of the left-and righthand MLG, and replacement of any

worn part with a new or serviceable

part. The alert service bulletin also

describes procedures to detect any

movement of the spherical bearing and

to measure the lower link to the upper

link and the lower link to the strut

attachment of the drag brace, and

repetitive inspections, if necessary.

Additionally APPH Ltd. has issued

APPH Service Bulletin AIR84352–32–

05, dated June 1997, which describes

procedures for an inspection to detect

movement of the spherical bearings

installed in the lower links of the drag

braces of the MLG, and rework, if

necessary. The CAA has approved

APPH Service Bulletin AIR84352–32–

05, and has classified Jetstream Alert

Service Bulletin J41–A32–061 as

mandatory, and issued British

airworthiness directive 003–07–97,

dated July 25, 1997, 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 section

21.29 of 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 reduced structural integrity and

potential collapse of the MLG due to

loose spherical bearings in the links of

the drag brace, which could result in

wear damage to the drag brace of the

MLG. This AD requires a visual

inspection to detect wear damage of the

drag brace of the MLG, and replacement

of any worn parts with new or

serviceable parts. This AD also requires

an inspection to determine whether

there is movement in the spherical

bearing of the lower link of the drag

brace, certain measurements of the drag

brace, and repetitive inspections, if

necessary. The actions are required to be

accomplished in accordance with the

Jetstream alert 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 97–NM–181–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
46186 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–18–08 British Aerospace Regional

Aircraft [Formerly Jetstream Aircraft

Limited, British Aerospace (Commercial

Aircraft) Limited]: Amendment 39–

10118. Docket 97–NM–181–AD.

Applicability: Jetstream Model 4101

airplanes, constructors numbers 41004

through 41100 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 (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 reduced structural integrity and

potential collapse of the main landing gear

(MLG) due to loose spherical bearings of the

drag brace, accomplish the following:

(a) For all airplanes: Within 30 days after

the effective date of this AD, perform a visual

inspection to detect wear damage of the drag

brace of the left- and right-hand MLG, in

accordance with Jetstream Alert Service

Bulletin J41–A32–061, dated July 11, 1997.

(1) For airplanes on which no wear damage

has been detected and that have accumulated

8,000 or more total landings as of the

effective date of this AD or on which APPH

Service Bulletin AIR84352–32–05 has been

accomplished: Prior to further flight, perform

an inspection to detect movement of the

spherical bearing of the drag brace and

measure the area between the lower link and

the strut, in accordance with the Jetstream

alert service bulletin.

(i) If no movement of the spherical bearing

is detected and the measurement of the area

between the lower link and the strut is

within the limits specified by the service

bulletin, no further action is required by this

AD.

Note 2: For the purposes of this AD, ‘‘flight

day’’ is defined as any day on which the

airplane is flown.

(ii) If any movement is detected or the

measurement of the area between the lower

link and the strut is beyond the limits

specified by the service bulletin, repeat the

inspections required by paragraph (a) of this

AD prior to the first flight of the day for the

next 100 flight days of the airplane.

(2) For all other airplanes on which no

wear damage has been detected: Prior to

further flight, perform an inspection to detect

movement of the spherical bearing of the

drag brace and measure the area between the

lower link and the strut, in accordance with

the service bulletin.

(i) If no movement of the spherical bearing

is detected, and the measurement of the area

between the lower link and the strut is

within the limits specified by the service

bulletin, repeat the inspections required by

paragraph (a) of this AD at the time specified

in paragraph (a)(2)(i)(A) or (a)(2)(i)(B) of this

AD, as applicable.

(A) For drag braces that have accumulated

less than 501 total landings: Repeat the

inspections at intervals not to exceed 100

flights until the drag brace has accumulated

500 total landings.

(B) For drag braces that have accumulated

more than 500 total landings, but less than

8,000 total landings: Repeat the inspections

at intervals not to exceed 1,000 flights.

(ii) If any movement is detected or the

measurement of the area between the lower

link and the strut is beyond the limits

specified by the service bulletin, repeat the

inspections required by paragraph (a) of this

AD prior to the first flight of the day for the

next 100 flight days of the airplane.

(b) For all airplanes: If any wear damage of

the drag brace is detected during any

inspections required by this AD, prior to

further flight, remove the wear damaged

part(s) and replace with a new or serviceable

part, in accordance with Jetstream Alert

Service Bulletin J41–A32–061, dated July 11,

1997. Within 30 days after the replacement

of a wear damaged part with a new or

serviceable part, perform the requirements of

paragraph (a) of this AD.

(c) Accomplishment of APPH Service

Bulletin AIR84352–32–05, dated June 1997,

constitutes terminating action for the

repetitive inspection requirements of

paragraph (a)(2) of this AD.

(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,

Standardization Branch, ANM–113.

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.

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.

(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 Jetstream Alert Service Bulletin J41–

A32–061, dated July 11, 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 AI(R)

American Support, Inc., 13850 Mclearen

Road, Herndon, Virginia 20171. 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, 1997.

Issued in Renton, Washington, on August

25, 1997.

Gary L. Killion,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–23065 Filed 8–29–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–130–AD; Amendment

39–10115; AD 97–18–05]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 757 Series Airplanes Equipped

With Pratt & Whitney Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Boeing Model 757