50862 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

include an airworthiness directive (AD)

that is applicable to de Havilland Model

DHC–8–100, –200, and –300 series

airplanes was published in the Federal

Register on July 22, 1997 (62 FR 39194).

That action proposed to require

modification of the attitude and heading

reference systems (AHRS).

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 173 de

Havilland Model DHC–8–100, –200, and

–300 series airplanes of U.S. registry

will be affected by this AD, that it will

take approximately 4 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $10 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $43,250, or $250 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

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 final evaluation has

been prepared for this action and it is

contained in the rules docket. A copy of

it 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:

97–20–10 De Havilland, Inc.: Amendment

39–10147. Docket 97–NM–63–AD.

Applicability: Model DHC–8–100, –200,

and –300 series airplanes, certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise 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 (b) 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 simultaneous power loss to

both attitude and heading reference systems

(AHRS), which could result in reduced

controllability of the airplane, accomplish

the following:

(a) Within 400 hours time-in-service after

the effective date of this AD, modify the

AHRS’s, in accordance with Bombardier

Alert Service Bulletin S.B. A8–34–117,

Revision ‘C’, dated February 14, 1997.

(b) 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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(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) The modification shall be done in

accordance with Bombardier Alert Service

Bulletin S.B. A8–34–117, Revision ‘C’, dated

February 14, 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 Bombardier, Inc., Bombardier

Regional Aircraft Division, Garratt Boulevard,

Downsview, Ontario M3K 1Y5, Canada.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

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

FAA, New York Aircraft Certification Office,

Engine and Propeller Directorate, 10 Fifth

Street, Third Floor, Valley Stream, New York;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(e) This amendment becomes effective on

November 3, 1997.

Note 3: The subject of this AD is addressed

in Canadian airworthiness directive CF–97–

01R1, dated February 3, 1997.

Issued in Renton, Washington, on

September 19, 1997.

Vi L. Lipski,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–25416 Filed 9–26–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–15; Amendment 39–

10137; AD 97–19–17]

RIN 2120–AA64

Airworthiness Directives; General

Electric Company CT58 Series

Turboshaft Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to General Electric Company

CT58 series turboshaft engines, that

requires removal from service of certain

compressor rear shafts, initial and

repetitive inspections of specific critical

rotating parts, and replacement if found

cracked, until those parts are removed

from service and replaced with

improved design parts. This amendment

is prompted by a stage 2 turbine wheel
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50863

incident in 1993 which resulted in an

increased awareness of small features on

critical rotating parts which could affect

part life. The actions specified by this

AD are intended to prevent fatigue

cracking on specific critical rotating

parts, which could result in failure of

the part, causing an uncontained engine

failure and damage to the aircraft.

DATES: Effective November 28, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

28, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from General Electric Aircraft Engines,

Technical Publications, 1000 Western

Avenue, Lynn, MA 01910; telephone

(781) 594–5102, fax (781) 594–2717.

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; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Diane Cook, Aerospace Engineer, Engine

Certification Office, FAA, Engine and

Propeller Directorate, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone (781) 238–7133, fax

(781) 238–7199.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to General Electric

Company (GE) CT58 series turboshaft

engines was published in the Federal

Register on April 3, 1997 (62 FR 15861).

That action proposed to require removal

from service of certain compressor rear

shafts, initial and repetitive inspections

of specific critical rotating parts, and

replacement if found cracked, until

those parts are removed from service

and replaced with improved design

parts.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public.

Since publication of the Notice of

Proposed Rulemaking (NPRM), GE has

issued Revision 2 to GE Aircraft Engines

Service Bulletin (SB) No. (CT58) 72–

181, CEB–284, dated July 15, 1997,

which adds serial numbers (S/Ns) of

certain affected Stage 1 and Stage 2

turbine wheels that require inspections.

Revision 1 to GE Aircraft Engines SB

No. (CT58) 72–181, CEB–284, dated

November 29, 1995, is no longer current

and is not an acceptable Alternative

Method of Compliance (AMOC) for this

AD.

In addition, GE has issued Revision 8

to GE Aircraft Engines SB No. (CT58)

A72–162, CEB–258, dated June 16,

1997, that makes editorial changes to

the SB. Revisions 5 through 7 of this SB

are considered acceptable AMOCs for

this AD.

Also, the FAA has revised the

economic analysis to better reflect the

lower number of affected engines, since

not all Stage 1 and Stage 2 turbine

wheels now require inspections, only

those listed by S/Ns in GE Aircraft

Engines SB No. (CT58) 72–181, CEB–

284, dated July 15, 1997.

After careful review of the available

data, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

described previously. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

There are approximately 400 engines

of the affected design in the worldwide

fleet. The FAA estimates that 126

engines installed on aircraft of U.S.

registry will be affected by this AD, that

it will take approximately zero

additional work hours per engine to

accomplish the required actions.

Required parts will cost approximately

$2,730 per engine, based on the

estimated current part cost, as the

manufacturer will prorate the cost to the

operator downward by a factor equal to

the quotient of the difference between

the original life limit (4,000 hours time

in service) and the total cycles of life

consumed at time of removal, divided

by the original life limit. Based on these

figures, the total cost impact of the AD

on U.S. operators is estimated to be

$56,650.

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 final evaluation has

been prepared for this action and it is

contained in the rules docket. A copy of

it 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:

97–19–17 General Electric Company:

Amendment 39–10137. Docket 97–ANE–

15.

Applicability: General Electric Company

(GE) Models CT58–100–2, –110–1/–2, –140–

1/–2, and T58–GE–3/–5/–10/–100 turboshaft

engines, installed on but not limited to

Boeing Vertol 107 series, and Sikorsky S61

and S62 series aircraft.

Note 1: This airworthiness directive (AD)

applies to each engine 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 engines 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 (f)

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 fatigue cracking on specific

critical rotating parts, which could result in

failure of the part, causing an uncontained

engine failure and damage to the aircraft,

accomplish the following:

(a) Determine hours time in service (TIS)

and cycles in service (CIS) in accordance

with the improved methodology described in

GE Aircraft Engines Service Bulletin (SB) No.
50864 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

(CT58) A72–162, CEB–258, Revision 8, dated

June 16, 1997.

(b) For engines that have engaged in

repeated heavy lift (RHL) operations, as

defined in paragraph (e) of this

AD, accomplish the following:

(1) For compressor rear shafts, Part

Numbers (P/N’s) 4000T29P01/P03,

5016T95P01/P04, and 5013T86P03,

accomplish the following:

(i) For compressor rear shafts, with either

2,975 or more hours TIS, or 9,550 or more

CIS, on the effective date of this AD, remove

compressor rear shafts and replace with a

serviceable compressor rear shaft at the next

light overhaul or next exposure of

compressor rear shafts after the effective date

of this AD, whichever occurs first.

(ii) For all other compressor rear shafts,

remove compressor rear shafts and replace

with a serviceable compressor rear shaft,

prior to accumulating 3,000 hours TIS, or

9,600 CIS, whichever occurs first.

(iii) For all compressor rear shafts, remove

from service and replace with a serviceable,

redesigned compressor rear shaft, P/N

5016T95P06, not later than December 31,

1997.

(2) Initially inspect the ten rotating parts

specified in paragraph (d) of this AD for

cracks at the times specified in subparagraphs (i) and (ii) of this paragraph, and,

thereafter, inspect at each light overhaul or

major overhaul until the parts are retired

from service. Perform the inspections in

accordance with the procedures described in

GE Aircraft Engines SB No. (CT58) 72–181,

CEB–284, Revision 2, dated July 15, 1997.

Prior to further flight, replace parts found

cracked during these inspections with

serviceable parts.

(i) For parts with greater than the baseline

time in service (TIS) on the effective date of

this AD, inspect at the earliest occurrence of

the following after the effective date of this

AD: the next light overhaul, the next major

overhaul, or the next exposure of the affected

parts.

(ii) For parts with less than or equal to the

baseline TIS on the effective date of this AD,

inspect within 1,000 hours TIS from the

listed baseline TIS.

(c) For engines that have never engaged in

RHL operations, accomplish the following:

(1) For compressor rear shafts, P/N’s

4000T29P01/P03, 5016T95P01/P04, and

5013T86P03, remove compressor rear shafts

and replace with a serviceable compressor

rear shaft, prior to accumulating 9,600 CIS,

or 9,000 hours TIS, whichever occurs first.

Prior to December 31, 1999, replace

compressor rear shafts with a serviceable,

redesigned compressor rear shaft, P/N

5016T95P06.

(2) Initially inspect the ten rotating parts

specified in paragraph (d) of this AD for

cracks at the times specified in subparagraphs (i) and (ii) of this paragraph, and,

thereafter, at each light overhaul or major

overhaul until the parts are retired from

service. Perform the inspections in

accordance with the procedures described in

GE Aircraft Engines SB No. (CT58) 72–181,

CEB–284, Revision 2, dated July 15, 1997.

Prior to further flight, replace parts found

cracked during these inspections with

serviceable parts.

(i) For parts with greater than the baseline

TIS on the effective date of this AD, inspect

at the earliest occurrence of the following

after the effective date of this AD: the next

light overhaul, the next major overhaul, or

the next exposure.

(ii) For parts with less than or equal to the

baseline TIS on the effective date of this AD,

inspect within 2,000 hours TIS from the

listed baseline hours.

(d) For the purpose of performing the

inspections required by paragraphs (b)(2) and

(c)(2) of this AD, the following baseline TIS

are established:

(1) For compressor rotor spool assemblies,

P/N’s 6010T57G04 and 6010T57G08,

whether or not used in RHL operations,

baseline is 2,000 hours TIS.

(2) For turbine front shafts, P/N’s

5003T35P01 and 573D358P002, whether or

not utilized in RHL operation, baseline is

1,000 hours TIS.

(3) For turbine coupling shafts, P/N’s

4001T26P01 and 278D987P002, if utilized in

RHL operation, baseline is 1,000 hours TIS;

if never utilized in RHL operations, baseline

is 2,000 hours TIS.

(4) For turbine rear shafts, P/N’s

4005T29P01 and 37D400244P101, whether or

not utilized in RHL operation, baseline is

2,000 hours TIS.

(5) For Stage 1 front cooling plates,

P/N’s 37C300055P101, whether or not

utilized in RHL operation, baseline is 1,000

hours TIS.

(6) For Stage 1 aft cooling plates, P/N’s

3002T25P01 and 645C334P002, whether or

not utilized in RHL operation, baseline is

1,000 hours TIS.

(7) For Stage 2 front cooling plates, P/N’s

3000T88P02 and 645C332P002, whether or

not utilized in RHL operation, baseline is

1,000 hours TIS.

(8) For Stage 2 aft cooling plates, P/N’s

3002T27P01 and 645C336P002, whether or

not utilized in RHL operation, baseline is

1,000 hours TIS.

(9) For Stage 1 turbine wheels, P/N

4002T17P02 TF3, listed by Serial Numbers

(S/Ns) in paragraph 1.A. (3) of GE Aircraft

Engines SB No. (CT58) 72–181, CEB–284,

Revision 2, dated July 15, 1997, if utilized in

RHL operation, baseline is 1,000 hours TIS;

if never utilized in RHL operation, baseline

is 2,000 hours TIS.

(10) For Stage 2 turbine wheels, P/N

4002T96P02 TF3, listed by S/Ns in paragraph

1.A. (3) of GE Aircraft Engines SB No. (CT58)

72–181, CEB–284, Revision 2, dated July 15,

1997, if utilized in RHL operation, baseline

is 1,000 hours TIS; if never utilized in RHL

operation, baseline is 2,000 hours TIS.

(e) For the purpose of this AD, the

following definitions apply:

(1) RHL operation is defined as performing

more than 10 lift-carry-drop cycles per hour

TIS without landing, or more than 10 takeoffs

and landings per hour TIS.

(2) Light overhaul is defined as scheduled

engine maintenance that allows the engine to

continue in service until scheduled major

overhaul time is reached.

(3) Major overhaul is defined as scheduled

engine maintenance including complete

engine inspections and tests with repair or

replacement of parts or components as

necessary.

(f) 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, Engine

Certification Office. The request should be

forwarded through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Engine Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Engine

Certification Office.

(g) 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 inspection requirements

of this AD can be accomplished.

(h) The actions required by this AD shall

be done in accordance with the following GE

Aircraft Engines SBs:

Document number Pages Revision Date

(CT58) 72–181, CEB–284 ..................................................................................................................... 1–22 2 July 15, 1997.

Total pages ................................................................................................................................. 22

(CT58) A72–162, CEB–258 .................................................................................................................. 1 7 April 25, 1997.

2,3 8 June 16, 1997.

4,5 5 May 12, 1994.

6 7 April 25, 1997.

7,8 5 May 12, 1994.

9–11, 7 April 25, 1997.

12–16 5 May 12, 1994.

17 7 April 25, 1997.

18–20 5 May 12, 1994.
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50865

Document number Pages Revision Date

21 8 June 16, 1997.

22–24 5 May 12, 1994.

25, 26 7 April 25, 1997.

27 5 May 12, 1994.

Total pages ................................................................................................................................. 27

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 General Electric Aircraft Engines,

Technical Publications, 1000 Western

Avenue, Lynn, MA 01910; telephone (781)

594–5102, fax (781) 594–2717. Copies may be

inspected at the FAA, New England Region,

Office of the Assistant Chief Counsel, 12 New

England Executive Park, Burlington, MA; or

at the Office of the Federal Register, 800

North Capitol Street NW., suite 700,

Washington, DC.

(i) This amendment becomes effective on

November 28, 1997.

Issued in Burlington, Massachusetts, on

September 11, 1997.

Mark C. Fulmer,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 97–25581 Filed 9–26–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 960918265–7203–04]

RIN 0694–AB09

Satellite Fuel, Ground Support

Equipment, Test Equipment, Payload

Adapter/Interface Hardware, and

Replacement Parts for the Preceding

Items, When Included With a Specific

Commercial Communications Satellite

Launch

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: This final rule amends the

Commerce Control List of the Export

Administration Regulations by revising

the List of Items Controlled, of Export

Control Classification Number (ECCN)

9A004, to provide that satellite fuel,

ground support equipment, test

equipment, payload adapter/interface

hardware and replacement parts for the

preceding items are subject to

Commerce jurisdiction when they are

included with a specific commercial

communications satellite. This rule

amends the interim final rule of October

21, 1996 that transferred jurisdiction of

all commercial communications

satellites from the Department of State

to the Department of Commerce.

EFFECTIVE DATE: September 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Gene Christiansen, Office of Strategic

Trade, Telephone: (202) 482–2984.

SUPPLEMENTARY INFORMATION:

Background

On October 21, 1996, the Department

of Commerce published an interim final

rule in the Federal Register (61 FR

54540) that amended the Export

Administration Regulations (EAR) by

revising Export Control Classification

Number (ECCN) 9A004 to control all

commercial communications satellites.

The interim final rule also imposed

enhanced national security and foreign

policy controls (‘‘SI’’ controls for

significant items) on all commercial

communications satellites controlled

under ECCN 9A004.a.

This final rule amends the Commerce

Control List of the Export

Administration Regulations by revising

the List of Items Controlled, of Export

Control Classification Number (ECCN)

9A004, to provide that satellite fuel,

ground support equipment, test

equipment, payload adapter/interface

hardware and replacement parts for the

preceding items are subject to

Commerce jurisdiction when they are

included with a specific commercial

communications satellite.

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, notice of

August 15, 1995 (60 FR 42767), and

August 14, 1996 (61 FR 42527); and

August 13, 1997 (62 FR 43629).

Rulemaking Requirements

1. This final rule has been determined

to be significant for purposes of E.O.

12866.

2. Notwithstanding any other

provision of law, no person is required

to respond to, nor shall any 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. This rule

involves a collection 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.

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. or by any other law, the

analytical requirements of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq. ) are not applicable.

List of Subjects in 15 CFR Part 774

Exports, Foreign trade, Reporting and

recordkeeping requirements.

Accordingly, part 774 of the Export

Administration Regulations (15 CFR

Parts 730–799) is amended as follows:

PART 774—[AMENDED]

1. The authority citation for 15 CFR

part 774 continues to read as follows:

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

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.

7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.

287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;

Sec. 201, Pub. L. 104–58, 109 Stat. 557 (30

U.S.C. 185(s)); 30 U.S.C. 185(u); 42 U.S.C.

2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46

U.S.C. app. 466c; 50 U.S.C. app. 5; E.O.

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

917; Notice of August 15, 1995, 3 CFR 1995

Comp. 501 (1996); Notice of August 14, 1996

(61 FR 42527, August 15, 1996); Notice of

August 13, 1997 (62 FR 43629, August 15,

1997).