55154 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

of this time period, the Service will

accept the application and base filing

fee, as set forth in § 103.7(b)(1) of this

chapter, return the additional sum of

$1,000 to the alien, and either the

Service or the Executive Office for

Immigration Review will adjudicate the

application pursuant to section 245(a) of

the Act. If the alien, in such a case, is

not eligible for adjustment of status,

either the Service will issue a written

notice advising the alien of the denial of

the application for adjustment of status,

or the Executive Office for Immigration

Review will deny the application for

adjustment of status.

(d) Adjustment application filed on or

after October 1, 1994, dated before

October 23, 1997 or any other such date

as Congress may determine in an

extension of this provision, without

Supplement A to Form I–485 and

additional sum. An adjustment of status

applicant will be allowed the

opportunity to amend an adjustment of

status application filed in accordance

with § 103.2 of this chapter on or after

October 1, 1994, and before October 23,

1997 or any other such date as Congress

may determine in an extension of

section 245(i) of the Act, in order to

request consideration under the

provisions of section 245(i), if it appears

that the alien is not otherwise ineligible

for adjustment of status. If the

application for adjustment of status is

pending before the Service, the Service

shall notify the applicant in writing of

the Service’s intent to deny the

adjustment of status application, and

any other requests for benefits that

derive from the adjustment application,

unless Supplement A to Form I–485 and

any required additional sum is filed

within 30 days of the date of the notice.

If the application for adjustment of

status is pending before the Executive

Office for Immigration Review, the

Executive Office for Immigration

Review will deny the application and

permit the applicant to file a motion to

reopen in accordance with §§ 3.2(c) and

3.23 of this chapter along with proof of

payment to the Immigration and

Naturalization Service of the additional

sum within 30 days of the denial.

* * * * *

(f) Completion of processing of

pending applications. (1) An

application for adjustment of status filed

on or after October 1, 1994, and before

October 23, 1997 or any other such date

as Congress may determine in an

extension of section 245(i) of the Act,

shall be adjudicated to completion by an

officer of the Service or by the Executive

Office for Immigration Review,

regardless of whether the final decision

is made after the termination of this

program. The provisions of paragraph

(d) of this section regarding amended

applications shall apply to all such

applications. The Service or the

Executive Office for Immigration

Review may consider a motion to open

or reconsider an application for

adjustment of status on the basis of

section 245(i) if the applicant submitted

a copy of the application for adjustment

of status, a copy of Supplement A to

Form I–485, and any other required

documentation on or after October 1,

1994, and before October 23, 1997 or

any other such date as Congress may

determine in an extension of section

245(i). However, in order to receive the

benefit of a motion to reopen or

reconsider that has been granted, the

applicant must have remitted to the

Immigration and Naturalization Service

before October 23, 1997 or any other

such date as Congress may determine in

an extension of section 245(i), any

additional sum required by section

245(i). Even if a motion to reopen or

reconsider is granted, failure to pay the

additional sum to the Immigration and

Naturalization Service before October

23, 1997 or any other such date as

Congress may determine in an extension

of 245(i) will result in the ultimate

denial of the application for adjustment

of status.

(2) Any application for adjustment of

status submitted pursuant to section

245(i) and considered in deportation or

removal proceedings must be filed

between October 1, 1994, and October

23, 1997 or any other such date as

Congress may determine in an extension

of section 245(i).

* * * * *

Dated: October 18, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–28147 Filed 10–20–97; 4:16 pm]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–80–AD; Amendment 39–

10174; AD 97–22–03]

RIN 2120–AA64

Airworthiness Directives; Extra

Flugzeugbau, GmbH. Model EA–300/

200 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 Extra Flugzeugbau, GmbH.

(Extra) Model EA–300/200 airplanes.

This action requires installing a seat belt

safety cover. A recent report of an Extra

Model EA–300/200 airplane seat belt

falling into the rear rudder pedal

controls, interfering with the rudder

pedals, and causing loss of directional

control prompted this action. The action

specified by this AD is intended to

prevent a loss of directional control

caused by seat belt interference with the

rear rudder pedal controls, which could

cause loss of control of the airplane.

DATES: Effective November 24, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

24, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 29, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–80–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from Extra

Flugzeugbau, GmbH, Schwarze Heide

21, 46569 H ̈ unxe, Germany; telephone

49–2858–9137–0; facsimile 49–2858–

9137–30. This information may also be

examined at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–80–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: Karl

Schletzbaum, Project Officer, Small

Airplane Directorate, Aircraft

Certification Service, 1201 Walnut, suite

900, Kansas City, Missouri 64106;

telephone (816) 426–3962; facsimile

(816) 426–2169.

SUPPLEMENTARY INFORMATION:

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition could exist on Extra

Model EA–300/200 airplanes. The LBA

advises that the pilot’s seat belt may fall

into the rear rudder pedal controls,

hampering rudder control and possibly

causing loss of directional control. This

occurred on one of the affected

airplanes in Germany.
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55155

Relevant Service Information

Extra has issued Service Bulletin (SB)

No. 300–1–97, Issue B, dated June 11,

1997, which specifies procedures for

installing a seat belt safety cover. The

LBA classified this service bulletin as

mandatory and issued AD No. 97–203,

dated July 3, 1997, in order to assure the

continued airworthiness of these

airplanes in Germany.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above

including that received from the LBA,

the FAA has determined that AD action

should be taken in order to prevent loss

of directional control caused by seat belt

interference with the rear rudder pedal

controls, which could cause possible

loss of control of the airplane.

This airplane model is manufactured

in Germany 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 LBA has kept the FAA informed of

the situation described above.

Explanation of the Provisions of This

AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Extra Model EA–300/

200 airplanes of the same type design

that are registered for operation in the

United States, this AD requires

installing a seat belt safety cover (Extra

part number (P/N) 77205.1 and P/N

77205.2 or FAA-approved equivalent

part). This action is to be done in

accordance with the instructions in

Extra SB No. 300–1–97, Issue B, dated

June 11, 1997.

Determination of the Effective Date of

the AD

Since a situation exists (loss of

directional control) 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–80–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, 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:

97–22–03 Extra Flugzeugbau GMBH:

Amendment 39–10174; Docket No. 97–

CE–80–AD.

Applicability: Model EA–300/200 airplanes

(serial numbers 01 through 15), 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 (c) 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 5

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

date of this AD, unless already accomplished.

To prevent loss of directional control

caused by seat belt interference with the rear

rudder pedal controls, accomplish the

following:

(a) Install a seat belt safety cover (Extra part

number 77205.1 and 77205.2 or FAAapproved equivalent part ) in accordance

with the INSTRUCTIONS in Extra

Flugzeugbau GmbH. Service Bulletin (SB)

No. 300–1–97, Issue B, dated June 11, 1997.

(b) 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 provided the airplane is

flown single seated with the front seat belts

properly stowed.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, Aircraft Certification Service,
55156 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

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,

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 Small Airplane

Directorate.

(d) The installation required by this AD

shall be done in accordance with Extra

Flugzeugbau, GmbH. EA–300 Service

Bulletin No. 300–1–97, Issue B, dated June

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 Flugzeugbau, GmbH., Schwarze Heide

21, 46569 Hu ̈nxe, Germany. Copies may be

inspected at the FAA, Central Region, Office

of the Regional 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.

(e) This amendment (39–10174)

becomes effective on November 24,

1997.

Issued in Kansas City, Missouri, on

October 16, 1997.

Mary Ellen A. Schutt,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–27933 Filed 10–22–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 84–CE–18–AD; Amendment 39–

10172; AD 84–23–06 R1]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Britten-Norman Ltd. Models BN–2, BN–

2A, BN–2B, BN–2T, and BN–2A MK.

111 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment revises

airworthiness directive (AD) 84–23–06,

which currently requires repetitively

inspecting the upper mounting brackets,

bolts, and bushings on wing mounted

engines for cracks, wear, and

insufficient fit on certain Pilatus BrittenNorman Ltd. (Pilatus) Models BN–2,

BN–2A, BN–2B, BN–2T, and BN–2A

MK. 111 series airplanes, and replacing

any cracked, worn, or ill-fitting part.

This action retains the same action

required in AD 84–23–06, except the

action is only applicable to the BN–2A

MK. 111 series airplanes. This action is

the result of a terminating modification,

now available to the Pilatus Models BN–

2, BN–2A, BN–2B, BN–2T airplanes,

which removes them from the

applicability of AD 84–23–06. The

actions specified by this AD are

intended to prevent failure of the upper

mounting brackets on wing mounted

engines, which could possibly cause

structural failure of the airplane.

DATES: Effective November 24, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

24, 1997.

ADDRESSES: Service information that

applies to this AD may be obtained from

Pilatus Britten-Norman Limited,

Bembridge, Isle of Wight, United

Kingdom PO35 5PR; telephone 44–19–

83–872511; facsimile 44–19–83–873246.

This information may also be examined

at the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket 84–CE–18–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.

S. M. Nagarajan, Project Officer, Small

Airplane Directorate, Aircraft

Certification Service, FAA, 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 BN–2, BN–2A, BN–2B,

BN–2T, and BN–2A MK. 111 series was

published in the Federal Register on

March 10, 1997 (62 FR 10756). The

proposed AD would revise AD 84–23–

06 by deleting the Pilatus BN–2, BN–2A,

BN–2B, BN–2T series airplanes from the

AD, and by retaining the following for

the Pilatus BN–2A MK. 111 series

airplanes:

(1) Visually inspecting the upper

engine mounting bracket lugs for cracks

extending radially from the bolt holes in

the doubler;

(2) Inspecting for elongation of the

bolt holes, distortion, delamination,

cracks, flaking, and corrosion;

(3) Inspecting the bolts for correct

bearing length, and loose and fretted

bushings; and

(4) Correcting any discrepancies

found.

Accomplishment of this action will be

in accordance with Pilatus BrittenNorman Ltd. Service Bulletin (SB) BN–

2/SB.61, Issue 5, dated December 9,

1981, which is also referenced in the

Notice of Proposed Rulemaking (NPRM)

Docket 96–CE–17–AD for a terminating

action applicable to the Pilatus BN–2,

BN–2A, BN–2B and BN–2T series

airplanes.

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.

The 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 9 airplanes in

the U.S. registry will be affected by this

AD, that it will take approximately 2

workhours per airplane to accomplish

this action and the average labor rate is

approximately $60 an hour. There are

no parts required for the initial

inspection. Based on these figures, the

total cost impact for the initial

inspection of this AD on U.S. operators

is estimated to be $1,080 or $120 per

airplane. This figure is based on the

initial inspection cost and does not

include workhours for repetitive

inspections because the FAA does not

have the information to determine the

number of repetitive inspections that

would be incurred over the life of the

airplane.

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