This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

55725

Vol. 62, No. 208

Tuesday, October 28, 1997

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 213

RIN 3206–AH91

Fellowship and Similar Appointments

in the Excepted Service

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is consolidating

single-agency excepted service

authorities for filling positions

associated with fellowships,

residencies, industry-exchange, studentstipend, and similar programs by

establishing two Governmentwide

authorities in their place. One authority

covers fellowship-type programs, while

the other applies to student employees

who are paid stipends under special

statutory provisions.

EFFECTIVE DATE: November 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Sylvia Cole on (202) 606–0830, TDD

(202) 606–0023, or FAX (202) 606–2329.

SUPPLEMENTARY INFORMATION: In OPM’s

continuing efforts to simplify the

Federal appointment system, we are

reducing the overall number of excepted

service authorities. As part of this

initiative we are reviewing all

appointing authorities that were

established to meet specific agency

needs, to determine if exception is still

appropriate. Where it is, we are

identifying the situations where

individual agency authorities share

enough of a common basis that they can

be consolidated into a single

Governmentwide appointing authority

that would apply to all agencies.

On August 11, 1997 (62 FR 42943),

OPM published proposed regulations to

establish a new Schedule A authority

213.3102(r) that would consolidate

single-agency authorities covering a

variety of fellowship, internship,

residency, industry-exchange and

similar programs. We proposed to

establish a separate Schedule A

authority 213.3102(s) for positions filled

by student-employees assigned to

Government hospitals, clinics or

medical or dental laboratories to whom

agencies pay stipends authorized under

5 U.S.C. 5351–5356. These positions are

placed in Schedule A because it is

impracticable to examine for them.

Our proposal also included a

conforming amendment to the service

limits on temporary appointments in 5

CFR 213.104, to include the two new

appointing authorities in the list of

exceptions cited in 5 CFR

213.104(b)(3)(ii).

We received one comment from an

agency in support of the proposed

regulations and are adopting them as

final regulations with no change.

Documentation on SF–50, Notification

of Personnel Action

For appointments made under

Schedule A, section 213.3102(r),

fellowship and similar programs,

agencies should cite Legal Authority

Code W9S on the SF 50, Notification of

Personnel Action. For appointments

made under Schedule A, section

213.3102(s), student-employees paid

stipends, agencies should use Legal

Authority Code W9T.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

(including small businesses, small

organizational units, and small

governmental jurisdictions) because the

regulations apply only to appointment

procedures used to appoint certain

employees in Federal agencies.

List of Subjects in 5 CFR Part 213

Government employees, Reporting

and recordkeeping requirements.

U.S. Office of Personnel Management.

Janice R. Lachance,

Acting Director.

Accordingly, OPM is amending 5 CFR

part 213 as follows:

PART 213—EXCEPTED SERVICE

1. The authority citation for part 213

continues to read as follows:

Authority: 5 U.S.C. 3301 and 3302, E.O.

10577, 3 CFR 1954–1958 Comp., p. 218;

§ 213.101 also issued under 5 U.S.C. 2103;

§ 213.3102 also issued under 5 U.S.C. 3301,

3302, 3307, 8337(h) and 8456; E.O. 12364, 47

FR 22931, 3 CFR 1982 Comp., p. 185; and 38

U.S.C. 4301 et seq.

2. In § 213.104 paragraph (b)(3)(ii) is

revised to read as follows:

§ 213.104 Special provisions for

temporary, intermittent, or seasonal

appointments in Schedule A, B, or C.

* * * * *

(b) * * *

(3) * * *

(ii) Positions are filled under an

authority established for the purpose of

enabling the appointees to continue or

enhance their education, or to meet

academic or professional qualification

requirements. These include the

authorities set out in paragraphs (r) and

(s) of § 213.3102 and paragraph (c) of

§ 213.3202, and authorities granted to

individual agencies for use in

connection with internship, fellowship,

residency, or student programs.

* * * * *

3. In § 213.3102, paragraphs (r) and (s)

are added to read as follows:

§ 213.3102 Entire executive civil service.

* * * * *

(r) Positions established in support of

fellowship and similar programs that are

filled from limited applicant pools and

operate under specific criteria

developed by the employing agency

and/or a non-Federal organization.

These programs may include: internship

or fellowship programs that provide

developmental or professional

experiences to individuals who have

completed their formal education;

training and associateship programs

designed to increase the pool of

qualified candidates in a particular

occupational specialty; professional/

industry exchange programs that

provide for a cross-fertilization between

the agency and the private sector to

foster mutual understanding, an

exchange of ideas, or to bring

experienced practitioners to the agency;

residency programs through which

participants gain experience in a

Federal clinical environment; and

programs that require a period of

Government service in exchange for

educational, financial or other

assistance. Appointments under this

authority may not exceed 4 years.
55726 Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations

(s) Positions with compensation fixed

under 5 U.S.C. 5351–5356 when filled

by student-employees assigned or

attached to Government hospitals,

clinics or medical or dental laboratories.

Employment under this authority may

not exceed 4 years.

* * * * *

[FR Doc. 97–28437 Filed 10–27–97; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–155–AD; Amendment

39–10177; AD 97–22–06]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300, A310, and A300–600 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Airbus Model A300,

A310, and A300–600 series airplanes,

that requires performing a ram air

turbine (RAT) extension test; removing

and disassembling the RAT uplock

mechanism; performing an inspection to

detect corrosion of the RAT uplock

mechanism, and replacement with a

new assembly, if necessary; and

cleaning all the parts of the RAT control

shaft and its bearing component parts.

This amendment is prompted by reports

indicating that the RAT did not extend

during ground testing, due to corrosion

in the uplock pin/shaft and the needle

bearing of the RAT. The actions

specified by this AD are intended to

detect and correct such corrosion of the

RAT, which could result in failure of

the RAT to deploy and subsequent loss

of emergency hydraulic power to the

flight controls in the event that power

is lost in both engines.

DATES: Effective December 2, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

2, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

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:

Manager, International Office, ANM–

113, FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056;

telephone (425) 227–2110; fax (425)

227–1149.

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 all Airbus Model

A300, A310, and A300–600 series

airplanes was published in the Federal

Register on February 19, 1997 (62 FR

7380). That action proposed to require

a RAT extension test during ground

testing; removal and disassembly of the

RAT uplock mechanism; a visual

inspection to detect corrosion of the

RAT uplock mechanism, and

replacement of the assembly with new

parts, if necessary; and cleaning of the

lever assembly and its associated parts.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Revision of Descriptive Language

One commenter points out that

throughout the proposed AD it

references ram air turbine (RAT) uplock

assembly and lever assembly as if these

assemblies are the same unit. However,

Airbus Service Bulletin A310–29–2076,

dated April 1, 1996 (which is referenced

in the proposal as an appropriate source

of service information) refers to these

assemblies as separate units. The FAA

finds that clarification of this point is

necessary.

The FAA finds that ‘‘RAT uplock

assembly’’ does not appear in the

proposed AD, but ‘‘RAT lever assembly’’

does. The FAA has determined that the

phrase ‘‘RAT uplock mechanism,’’

which includes both the lever assembly

and uplock unit, provides a more

complete description, than the phrase,

‘‘RAT lever assembly.’’ The FAA has

revised the final rule to include

reference to ‘‘RAT uplock mechanism’’

and added a new NOTE 2 to provide a

definition of that phrase.

Clarification of Requirements

One commenter points out that

paragraph (a) of the proposed AD

references accomplishment of paragraph

(a)(1), (a)(2), (a)(3), and (a)(4) of the AD;

however, paragraph (a)(3) and (a)(4) of

the proposed AD are missing. The FAA

acknowledges that it inadvertently

included a reference to paragraphs (a)(3)

and (a)(4) in paragraph (a) of the

proposed AD. The FAA has revised

paragraph (a) of the final rule to delete

these references.

Request To Defer Replacement of

Corroded Parts

One commenter requests that

paragraph (a)(2)(ii) be revised to allow

reinstallation of the corroded part and

require its replacement within 30 days.

The commenter points out that

operators would have to stock every part

of the subject assembly at the inspection

stations (which is not very practical), or

its airplanes would have unnecessary

time out-of-service while waiting for

parts. The FAA has reconsidered

replacing corroded parts prior to further

flight. The FAA finds that the cleaning

and lubrication procedures of the RAT

uplock mechanism can be accomplished

on a temporary basis, in lieu of

replacement of corroded parts.

However, unlike the 12-month

compliance time recommended in the

Airbus service bulletins specified as the

appropriate service information for this

AD, the FAA has determined that the

corroded parts must be replaced within

30 days following accomplishment of

the cleaning and lubrication. The FAA

finds that this compliance time

represents the maximum interval of

time allowable wherein the subject

replacement could reasonably be

accomplished, uncorroded parts could

be obtained, and an acceptable level of

safety could be maintained. Therefore,

the FAA has revised paragraph (a)(2)(ii)

of the final rule accordingly.

Revision of Compliance Time in

Paragraph (a) of this AD

In addition, the compliance time

specified in paragraph (a) of this AD has

been revised to state, ‘‘30 months since

date of manufacture,’’ rather than ‘‘30

months total time-in-service,’’ as stated

in the proposed rule. This change

clarifies that the compliance is to be

determined based on calendar time,

without regard to the amount of time for

which the airplane is operated.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.