56138 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Proposed Rules

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed 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 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 proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the 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 is contained 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 the following new airworthiness

directive:

SAAB Aircraft AB: Docket 97–NM–135–AD.

Applicability: Model SAAB SF340A series

airplanes having serial numbers –121, and

–125 through –159 inclusive; and Model

SAAB 340B series airplanes having serial

numbers –160 through –360 inclusive;

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 leakage of the fire extinguishing

agent, which could prevent proper

distribution of the agent within the lavatory

waste bin in the event of a fire, accomplish

the following:

(a) Within 3 months after the effective date

of this AD, accomplish paragraphs (a)(1) and

(a)(2) of this AD in accordance with Saab

Service Bulletin SAAB 340–25–235, dated

December 11, 1996.

(1) Perform an inspection to determine the

serviceability of the fire extinguisher in the

forward lavatory waste bin, in accordance

with the service bulletin. If any discrepancy

is found, prior to further flight, accomplish

the repair or replacement of the fire

extinguisher, as specified in the service

bulletin.

(2) Install a placard adjacent to the fire

extinguisher in the forward lavatory waste

bin in accordance with the service bulletin.

(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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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.

Note 3: The subject of this AD is addressed

in Swedish airworthiness directive SAD No.

1–106, dated December 12, 1996.

Issued in Renton, Washington, on October

23, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–28616 Filed 10–28–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Chapter VII

[Docket No. 971014244–7244–01]

Request for Comments on the

Definition of ‘‘Specially Designed’’

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Notice of inquiry; request for

comments.

SUMMARY: The Bureau of Export

Administration (BXA) is reviewing the

use of the term ‘‘specially designed’’ as

it pertains to items controlled on the

Commerce Control List (CCL) in the

Export Administration Regulations

(EAR). BXA is considering developing a

definition or definitions of that term

that will meet the export control

objectives of the regulations while

increasing the utility of the regulations

to the public.

Although the Export Administration

Act (EAA) expired on August 20, 1994,

the President invoked the International

Emergency Economic Powers Act and

continued in effect the EAR, and to the

extent permitted by law, the provisions

of the EAA, as amended, in Executive

Order 12924 of August 19, 1994, as

extended by the President’s notices of

August 17, 1995 (60 FR 42767), August

14, 1996 (61 FR 42527) and August 13,

1997 (62 FR 43629).

DATES: Comments must be received by

December 29, 1997.

ADDRESSES: Written comments (three

copies) should be sent to Hillary Hess,

Regulatory Policy Division (Room 2096),

Office of Exporter Services, Bureau of

Export Administration, Department of

Commerce, PO Box 273, Washington,

DC 20044.

FOR FURTHER INFORMATION CONTACT:

Jerald Beiter, Office of the Assistant

Secretary for Export Administration,

Bureau of Export Administration,

Department of Commerce, telephone:

(202) 482–6105.

SUPPLEMENTARY INFORMATION: A number

of U.S. exporters and others have

requested that BXA provide a definition

of the term ‘‘specially designed’’ in

order to assist them in classifying

certain items according to the

Commerce Control List. In responding

to this request, BXA intends to examine

the use of the term in multilateral

control regimes, use of the term by other

countries in their export control

regimes, the opinions of other

government agencies, and the opinions

of members of the public. Our goal is to
Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Proposed Rules 56139

fulfill the export control purposes

behind the regulations, to adhere to

multilateral regime practices, and to

make the regulations easier for the

public to use. BXA is particularly

interested in the comments of those who

have experience classifying items on the

Commerce Control List. Comments

should be as specific as possible.

It may not be possible to write a single

definition that is accurate for all

purposes, but BXA will make its best

effort to respond to the concerns raised

by the public comments.

BXA will consider requests for

confidential treatment. The information

for which confidential treatment is

requested should be submitted to BXA

separately from any non-confidential

information submitted. The top of each

page should be marked with the term

‘‘Confidential Information.’’ If the

submission fails to meet the standards

for confidential treatment, BXA will

return it. A non-confidential summary

must accompany such submissions of

confidential information. The summary

will be made available for public

inspection.

Information accepted by BXA as

confidential will be protected from

public disclosure to the extent

permitted by law. Communications

between agencies of the United States

Government or with foreign

governments will not be made available

for public inspection.

All other information relating to the

notice will be a matter of public record

and will be available for public

inspection and copying. In the interest

of accuracy and completeness, BXA

requires written comments. Oral

comments must be followed by written

memoranda, which will also be a matter

of public record and will be available

for public review and copying.

The public record concerning these

comments will be maintained in the

Freedom of Information Records

Inspection Facility, Room 4525, U.S.

Department of Commerce, 14th Street

and Pennsylvania Avenue, NW,

Washington, DC. 20230. Records in this

facility, including written public

comments and memoranda

summarizing the substance of oral

communications, may be inspected and

copied in accordance with regulations

published in part 4 of Title 15 of the

Code of Federal Regulations.

Information about inspection and

copying of records at this facility may be

obtained from Margaret Cornejo, BXA

Freedom of Information Officer, at the

above address or by calling (202) 482–

2593.

Dated: October 20, 1997.

William V. Skidmore,

Acting Assistant Secretary for Export

Administration.

[FR Doc. 97–28649 Filed 10–28–97; 8:45 am]

BILLING CODE 3510–33–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Parts 773, 778 and 843

RIN 1029–AB94

Ownership and Control—Redesign

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Advanced notice of proposed

rulemaking; notice of public meetings.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM)

will hold, upon request, meetings to

solicit comments, concerns, and new

ideas regarding the drafting of new

ownership and control, permit

information and improvidently issued

permits regulations.

OSM also invites written comments

regarding the drafting of these

regulations. A concept/issue paper has

been prepared to assist those interested

in commenting or preparing for the

meetings. The paper is a compilation of

concepts and issues currently under

consideration; however, OSM is not

limited to those listed and encourages

new concepts or ideas for consideration.

DATES: Written comments OSM will

accept written comments until 5:00

p.m., Eastern Time on December 15,

1997.

Public meetings: OSM will meet with

interested persons upon request to

solicit comments on the drafting of the

new regulations until December 15,

1997. In order to make proper

arrangements for meetings, request for

meetings should be made prior to

December 1, 1997.

ADDRESSES: Written comments and

requests for concept/issue paper: Hand

deliver or mail to Earl Bandy, Office of

Surface Mining Reclamation and

Enforcement, AVS Office, 2679 Regency

Road, Lexington, Kentucky 40503;

telephone (800) 643–9748; Email:ebandy@osmre.gov.

Telefax: Copies of the concept/issue

paper may be obtained from FAX ON

DEMAND by calling 202–219–1703 and

following the instructions on the

recorded announcement.

Public meetings: Upon request OSM

staff will be available to meet with

interested persons, individually or in

groups, during the comment period in

the following locations: Lexington,

Kentucky; Washington, D.C.; Knoxville,

Tennessee; Pittsburgh, Pennsylvania;

Alton, Illinois; and Denver, Colorado.

Any individual who requires special

accommodation to attend a meeting

should also contact the person listed

under FOR FURTHER INFORMATION

CONTACT.

FOR FURTHER INFORMATION CONTACT:

Earl Bandy, Office of Surface Mining

Reclamation and Enforcement, 2679

Regency Road, Lexington, Kentucky

40503; Telephone (606) 233–2796 or

(800) 643–9748. E-mail:

ebandy@osmre.gov.

SUPPLEMENTARY INFORMATION: On April

21, 1997 (62 FR 19450), OSM issued

interim final regulations regarding 30

CFR Parts 773, 778 and 843—

Ownership and Control; Permit

Application Process; Improvidently

Issued Permits. This action was taken in

response to a decision by the U.S. Court

of Appeals for the District of Columbia

Circuit invalidating the previous rules

as being inconsistent with Section

510(c) of the Surface Mining Control

and Reclamation Act of 1977 (SMCRA

or the Act). In issuing these interim final

regulations, OSM invoked the ‘‘good

cause’’ exemption of the Administrative

Procedure Act (APA) at 5 U.S.C.

553(b)(3)(B). This provision allows an

agency to issue a rule without prior

notice or opportunity for public

comment ‘‘when the agency for good

cause finds (and incorporates the

finding and a brief statement of the

reasons therefor in the rules issued) that

notice and public procedure thereon are

impracticable, unnecessary, or contrary

to the public interest.’’ OSM invoked

the APA ‘‘good cause’’ exemption for

the reasons described in the preamble to

the interim final regulations (62 FR

19451–19452). In doing so, OSM stated

that the rules were intended to be

interim and that it would seek public

comment on any resulting proposed

regulatory changes.

In order to fulfill this commitment,

OSM is seeking to involve the public in

advance of developing a proposed rule.

OSM will follow standard procedures

by seeking comments and holding

public hearings on the proposed rules

when they are published in the Federal

Register.

Dated: October 21, 1997.

Mary Josie Blanchard,

Assistant Director, Program Support.

[FR Doc. 97–28486 Filed 10–28–97; 8:45 am]

BILLING CODE 4310–05–M