Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Proposed Rules 59827

the proposed AD, that it would take

approximately 13 workhours

(Inspection: 3 workhours; Modification:

10 workhours) per airplane to

accomplish the proposed action, and

that the average labor rate is

approximately $60 an hour. Parts cost

approximately $200 per airplane. Based

on these figures, the total cost impact of

the proposed AD on U.S. operators is

estimated to be $66,640, or $980 per

airplane.

Regulatory Impact

The regulations proposed herein

would 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

proposal would 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) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action has been placed in the Rules

Docket. A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Extra Flugzeugbau GMBH: Docket No. 97–

CE–85–AD.

Applicability: The following models and

serial number airplanes, certificated in any

category:

Model Serial numbers

EA–300 ......... V1 and 01 through 50.

EA–300/S ...... 01 through 17.

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 in the

body of this AD, unless already

accomplished.

To prevent structural damage to the

fuselage caused by cracks in the upper

longeron cutout bridge, which, if not

detected and corrected, could result in loss

of control of the airplane, accomplish the

following:

(a) Upon accumulating 1,000 hours timein-service (TIS) on the upper longeron or

within the next 100 hours TIS after the

effective date of this AD, whichever occurs

later, inspect the upper longeron cutout

bridge for cracks in accordance with the

Instructions section of EXTRA Service

Bulletin No. 300–3–93, dated January 12,

1994.

(b) Prior to further flight after the

inspection required by paragraph (a) of this

AD, accomplish the following in accordance

with the Instructions section of EXTRA

Service Bulletin No. 300–3–93, dated January

12, 1994:

(1) Repair any cracks found in the upper

longeron cut-out bridge; and

(2) Modify the upper longeron cut-out

bridge.

(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) 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, FAA, 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.

(e) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to EXTRA

Flugzeugbau GmbH, Flugplatz Dinslaken,

46569 Hunxe, Germany; or may examine this

document at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

Note 3: The subject of this AD is addressed

in German AD No. 94–043, dated October 21,

1994.

Issued in Kansas City, Missouri, on

October 29, 1997.

Mary Ellen A. Schutt,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–29231 Filed 11–4–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–93–AD]

RIN 2120–AA64

Airworthiness Directives; EXTRA

Flugzeugbau GmbH Model EA–300/S

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain EXTRA

Flugzeugbau GmbH (EXTRA) Model

EA–300/S airplanes. The proposed AD

would require modifying the canopy

latches or replacing the canopy latches

with parts of improved design. The

proposed AD is the result of mandatory

continued airworthiness information

(MCAI) issued by the airworthiness

authority for Germany. The actions

specified by the proposed AD are

intended to prevent failure of the

canopy while the airplane is in flight

due to cracked canopy latches, which

could result in loss of the canopy and

possible loss of control of the airplane.

DATES: Comments must be received on

or before December 8, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–93–
59828 Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Proposed Rules

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

EXTRA Flugzeugbau GmbH, Flugplatz

Dinslaken, 46569 Hunxe, Germany. This

information also may be examined at

the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Karl Schletzbaum, Aerospace Engineer,

FAA, Small Airplane Directorate, 1201

Walnut Street, suite 900, Kansas City,

Missouri 64106; telephone (816) 426–

6934; facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–CE–93–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–93–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on certain

EXTRA Model EA–300/S airplanes. The

LBA reports cracks in the canopy front

latches on the above-referenced

airplanes. This condition, if not

corrected, could result in failure of the

canopy and eventual loss of the canopy

and possible loss of control of the

airplane.

Relevant Service Information

EXTRA has issued Service Bulletin

No. 300–3–94, dated August 3, 1994,

which specifies procedures for

inspecting, repairing, and replacing the

canopy latches on the affected airplanes.

The LBA classified this service

bulletin as mandatory and issued

German AD No. 94–258, dated August

25, 1994, in order to assure the

continued airworthiness of these

airplanes in Germany.

The FAA’s Determination

This airplane model is manufactured

in Germany and is type certificated for

operation in the United States under the

provisions of § 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 for Germany has kept the FAA

informed of the situation described

above.

The FAA has examined the findings

of the LBA for Germany; reviewed all

available information, including the

referenced service 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 the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other EXTRA Model EA–

300/S airplanes of the same type design

registered in the United States, the FAA

is proposing AD action. The proposed

AD would require modifying the canopy

latches or replacing the canopy latches

with parts of improved design, part

number (P/N) PC–23303.8P1 for both

front latches and the rear right; and P/

N PC–23303.8P2 for the rear left.

Accomplishment of the proposed

actions would be in accordance with

EXTRA Service Bulletin No. 300–3–94,

dated August 3, 1994.

Cost Impact

The FAA estimates that 25 airplanes

in the U.S. registry would be affected by

the proposed AD, that it would take

approximately 3 workhours per airplane

to accomplish the proposed

modifications or replacements, and that

the average labor rate is approximately

$60 an hour. Parts cost approximately

$100 per airplane. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $7,000, or $280 per

airplane.

Differences Between the German AD,

the Service Bulletin, and This Proposed

AD

German AD 94–258, dated August 25,

1994, and EXTRA Service Bulletin No.

300–3–94, dated August 3, 1994, both

give the owners/operators of certain

Model EA–300/S airplanes the option of

(1) repetitively inspecting the canopy

latches until cracks are found, and then

modifying or replacing (with parts of

improved design) any cracked latches;

or (2) immediately modifying the

existing latches or replacing the latches

with parts of improved design.

The FAA’s policy is to provide

corrective action that will eliminate the

need for repetitive inspections. The

FAA has determined that long-term

operational safety will be better assured

by design changes that remove the

source of the problem, rather than by

repetitive inspections or other special

procedures.

Because the modification or

replacement (with parts of improved

design) of the canopy latches eliminates

the need for repetitive inspections, the

proposed AD differs from the service

bulletin and the German AD in that it

would mandate either modification or

replacement of the canopy latches

regardless of condition.

Regulatory Impact

The regulations proposed herein

would 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

proposal would 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) if

promulgated, 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 copy of the draft
Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Proposed Rules 59829

regulatory evaluation prepared for this

action has been placed in the Rules

Docket. A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Extra Flugzeugbau GMBH: Docket No. 97–

CE–93–AD.

Applicability: Models EA–300/S airplanes,

serial numbers 01 through 24, 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 100

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

date of this AD, unless already accomplished.

To prevent failure of the canopy while the

airplane is in flight due to cracked canopy

latches, which could result in loss of the

canopy and possible loss of control of the

airplane, accomplish the following:

(a) Modify all canopy latches or replace all

canopy latches with parts of improved

design, part number (P/N) PC–23303.8P1 for

both front latches and the rear right; and P/

N PC–23303.8P2 for the rear left. Accomplish

the modifications or replacements in

accordance with the Instructions section of

EXTRA Service Bulletin No. 300–3–94, dated

August 3, 1994.

(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.

(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, FAA, 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) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to EXTRA

Flugzeugbau GmbH, Flugplatz Dinslaken,

46569 Hunxe, Germany; or may examine this

document at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

Note 3: The subject of this AD is addressed

in German AD No. 94–258, dated August 25,

1994.

Issued in Kansas City, Missouri, on

October 29, 1997.

Mary Ellen A. Schutt,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–29239 Filed 11–4–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

International Trade Administration

15 CFR Part 303

DEPARTMENT OF THE INTERIOR

Office of Insular Affairs

[Docket No. 971021249–7249–01]

RIN 0625–AA50

Proposed Limit on Duty-Free Insular

Watches in Calendar Year 1998

AGENCIES: Import Administration,

International Trade Administration,

Department of Commerce; Office of

Insular Affairs, Department of the

Interior.

ACTION: Proposed rule and request for

comments.

SUMMARY: This action invites public

comment on a proposal to amend the

ITA regulations, which govern dutyexemption allocations and duty-refund

entitlements for watch producers in the

United States’ insular possessions (the

Virgin Islands, Guam and American

Samoa) and the Northern Mariana

Islands. The proposed amendments

would establish the total quantity and

respective territorial shares of insular

watches and watch movements which

would be allowed to enter the United

States free of duty during calendar year

1998 and make a minor adjustment to

the verification of shipments.

DATES: Comments must be received on

or before December 5, 1997.

ADDRESSES: Address written comments

to Faye Robinson, Program Manager,

Statutory Import Programs Staff, Room

4211, U.S. Department of Commerce,

Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT:

Faye Robinson, (202) 482–3526, same

address as above.

SUPPLEMENTARY INFORMATION: The

insular possessions watch industry

provision in Section 110 of Public Law

97–446 (96 Stat. 2331) (1983) as

amended by Section 602 of Public Law

103–465 (108 Stat. 4991) (1994)

additional U.S. Note 5 to chapter 91 of

the HTS requires the Secretary of

Commerce and the Secretary of the

Interior, acting jointly, to establish a

limit on the quantity of watches and

watch movements which may be

entered free of duty during each

calendar year. The law also requires the

Secretaries to establish the shares of this

limited quantity which may be entered

from the Virgin Islands, Guam,

American Samoa and the Northern

Mariana Islands. Regulations on the

establishment of these quantities and

shares are contained in §§ 303.3 and

303.4 of title 15, Code of Federal

Regulations (15 CFR 303.3 and 303.4).

The Departments propose to establish

for calendar year 1998 a total quantity

and respective territorial shares as

shown in the following table:

Virgin Islands ........................... 2,600,000

Guam ........................................ 500,000

American Samoa ...................... 500,000

Northern Mariana Islands ....... 500,000

Compared to the total quantity

established for 1997 (61 FR 55883;

October 30, 1996), this amount would

be a decrease of 500,000 units. The

proposed Virgin Islands territorial share

would be reduced by 500,000 and the

shares for Guam, American Samoa and

the Northern Mariana Islands would not

change. The amount we proposed for

the Virgin Islands is more than

sufficient for the anticipated needs of all

the existing producers.

The proposed rule would also modify

§ 303.6(a). Currently, the Departments

are able to verify shipments through the

U.S. Customs Service. However, due to

informal entry procedures on some

shipments or other problems, Commerce

is occasionally unable to verify an entry.

We propose allowing producers to