Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 49131

2. In § 920.302, paragraph (a)(4)(ii) is

amended by revising the last sentence to

read as follows:

§ 920.302 Grade, size, pack and container

regulations.

(a) * * *

(4) * * *

(ii) * * * Not more than 10 percent,

by count of the containers in any lot and

not more than 5 percent, by count, of

kiwifruit in any container, (except that

for Size 42 kiwifruit, the tolerance, by

count, in any one container, may not be

more than 10 percent and except that for

Size 45 kiwifruit, the tolerance, by

count, in any one container, may not be

more than 25 percent) may fail to meet

the requirements of this paragraph.

Dated: September 15, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–24957 Filed 9–18–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 316

[INS No. 1861–97]

RIN 1115–AE84

Adding the Missouri Botanical Garden

to the Listing of American Institutions

of Research

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(Service) regulations by adding the

Missouri Botanical Garden (research

and educational programs only) to the

list of American institutions of research

recognized by the Attorney General for

the purpose of preserving residence in

the United States for naturalization.

Persons and their dependents who

expect to be continuously absent from

the United States for a year or more

because of work at one of the American

institutions of research recognized by

the Attorney General may be given

permission to be absent without

interrupting continuous residence for

naturalization purposes. This change is

necessary because such recognized

institutions are published in the

Service’s regulations. Based on the

findings of the St. Louis Officer-inCharge, the Regional Director of the

Central Region determined and ordered

on May 9, 1997, that the Missouri

Botanical Garden (research and

educational programs only) be

recognized as an American institution of

research recognized by the Attorney

General.

DATES: This final rule is effective

October 20, 1997.

FOR FURTHER INFORMATION CONTACT: Jane

B. Barker, Senior Adjudications Officer,

Benefits Branch, Immigration and

Naturalization Service, 425 I Street,

NW., Room 3214, Washington, DC

20536, telephone (202) 514–5014.

SUPPLEMENTARY INFORMATION: Pursuant

to Service regulations, after an applicant

has been admitted for permanent

residence, he or she must reside in the

United States continuously for at least 5

years before filing an application for

naturalization. Under certain

circumstances, persons and their

dependents who expect to be

continuously absent from the United

States for a year or more because of

work at one of the American institutions

of research recognized by the Attorney

General may be given permission to be

absent without interrupting continuous

residence for naturalization purposes.

Based on the findings of the St. Louis

Officer-in-Charge, the Regional Director

of the Central Region determined and

ordered on May 9, 1997, that the

Missouri botanical Garden (research and

education programs only) is an

American institution of research for the

purpose of preserving residence in the

United States for naturalization.

Accordingly, § 316.20(a) will be

amended by adding that institution to

the list of American institutions of

research recognized by the Attorney

General.

Good Cause Exception

The Service’s implementation of its

rule as a final rule is based upon the

‘‘good cause’’ exceptions found at 5

U.S.C. 553 (b)(B) and (d)(3). The reason

for immediate implementation of this

final rule is as follows: This rule is

editorial in nature and merely updates

the existing institutional listings

currently contained in Title 8 of the

Code of Federal Regulations.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

accordance with the Regulatory

Flexibility Act 5 U.S.C. 605(b), has

reviewed this regulation and, by

approving it, certifies that the rule will

not have a significant economic effect

on a substantial number of small entities

because of the following factors. This

rule is editorial in nature and merely

updates the existing institutional

listings currently contained in Title 8 of

the Code of Federal Regulations.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement Act of

1996. This rule will not result in an

annual effect on the economy of $100

million or more; a major increase in

costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 12866

This rule is not considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review, and

the Office of Management and Budget

has waived its review process under

section 6(a)(3)(A).

Executive Order 12612

The regulation 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 rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12988

This rule meets the applicable

standards set forth in section 3(a) and

3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 316

Citizenship and Naturalization.

Accordingly, part 3 of chapter I of title

8 of the Code of Federal Regulations is

amended as follows:
49132 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations

PART 316—GENERAL

REQUIREMENTS FOR

NATURALIZATION

1. The authority citation for part 316

continues to read as follows:

Authority. 8 U.S.C. 1103, 1181, 1182, 1443,

1447; 8 CFR 2.

§ 316.20 [Amended]

2. In § 316.20, paragraph (a) is

amended by adding the American

institution of research ‘‘Missouri

Botanical Garden (research and

educational programs only)’’

immediately after ‘‘Michigan State

University, East Lansing, MI.’’

Dated: September 5, 1997.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 97–24912 Filed 9–18–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–18–AD; Amendment

39–10026; AD 97–19–06]

RIN 2120–AA64

Airworthiness Directives; Sikorsky

Aircraft Corporation Model S–61A, D,

E, L, N, NM, R, and V Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing priority letter airworthiness

directive (AD), applicable to Sikorsky

Aircraft Corporation Model S–61A, D, E,

L, N, NM, R, and V helicopters, that

currently requires inspecting certain

main rotor blade assemblies (blades) to

determine if a blade has a blade trailing

edge pocket assembly (pocket assembly)

that was anodized by Poly-Metal

Company during a specified time

period, and if so, replacing it with an

airworthy blade. This amendment

requires the same actions as the existing

AD, but corrects two serial numbers in

the list of the applicable blades. This

amendment is prompted by the

manufacturer’s issuance of a service

bulletin with a revised list of blade

serial numbers. The actions specified by

this AD are intended to prevent

disbonding and separation of portions of

the blade, subsequent excessive

vibrations, and loss of control of the

helicopter.

DATES: Effective October 6, 1997. The

incorporation by reference of certain

publications listed in the regulations is

approved by the Director of the Federal

Register as of October 6, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

November 18, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 97–SW–18–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

The service information referenced in

this AD may be obtained from Sikorsky

Aircraft Corporation, Attn: Mr. Paul

Dionne, CAR Office, 6900 Main Street,

P.O. Box 9729, Stratford, Connecticut

06497–9129, telephone (203) 386–7860,

fax (203) 386–4703. This information

may be examined at the FAA, Office of

the Assistant Chief Counsel, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137; or at the Office of the

Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT: Mr.

Bob Mann, Aerospace Engineer, Boston

Aircraft Certification Office, ANE–150,

12 New England Executive Park,

Burlington, MA 01803, telephone (617)

238–7190, fax (617) 238–7199.

SUPPLEMENTARY INFORMATION: On April

30, 1997, the FAA issued priority letter

AD 97–10–04 to require, before further

flight, inspecting certain blades to

determine the anodizing date for certain

pocket assemblies installed on the

blade, and if a blade has a pocket

assembly that was anodized by PolyMetal Company from October 1, 1996

through December 31, 1996, replacing it

with an airworthy blade. That action

was prompted by the discovery of a

manufacturing defect that may cause

disbonding and separation of portions of

a blade. This defect is the result of an

anodizing process, used during the

manufacture of the pocket assembly,

that did not meet the Type Design

specifications. That condition, if not

corrected, could result in disbonding

and separation of portions of the blade,

subsequent excessive vibrations, and

loss of control of the helicopter.

Since the issuance of that AD,

Sikorsky Aircraft Corporation has issued

Sikorsky Alert Service Bulletin (ASB)

No. 61B15–29A, Revision A, dated May

9, 1997, which corrects two of the blade

serial numbers listed in the ASB that

were referenced in the priority letter

AD.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Sikorsky Aircraft

Corporation Model S–61A, D, E, L, N,

NM, R, and V helicopters of the same

type design, this AD supersedes AD 97–

10–04 to require, before further flight,

inspecting certain blades to determine

the anodizing date for certain pocket

assemblies installed on the blade, and if

a blade has a pocket assembly that was

anodized by Poly-Metal Company

during the period of October 1, 1996,

through December 31, 1996, replacing it

with an airworthy blade. 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 rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–SW–18–AD.’’ The

postcard will be date stamped and

returned to the commenter.