Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations 9075

PART 292—REPRESENTATION AND

APPEARANCES

21. The authority citation for part 292

continues to read as follows:

Authority: 8 U.S.C. 1103, 1252b, 1362.

22. Section 292.22 is amended by

revising the first sentence in paragraph

(a) introductory text to read as follows:

§ 292.2 Organizations qualified for

recognition; requests for recognition;

withdrawal of recognition; accreditation of

representatives; roster.

(a) Qualifications of organizations. A

non-profit religious, charitable, social

service, or similar organization

established in the United States and

recognized as such by the Board may

designate a representative or

representatives to practice before the

Service alone or the Service and the

Board (including practice before the

Immigration Court). * * *

* * * * *

PART 292a—[REMOVED]

23. Part 292a is removed.

Dated: February 24, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–5039 Filed 2–27–97; 8:45 am]

BILLING CODE 4410–30–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–35–AD; Amendment

39–9951; AD 97–05–07]

RIN 2120–AA64

Airworthiness Directives; Lockheed

Model 382 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Lockheed Model

382 series airplanes, that currently

requires a revision to the Airplane

Flight Manual to require takeoff

operation in accordance with revised

performance data. That AD also requires

installation of certain valve housings for

the propeller governor on the outboard

engines. This amendment revises the

applicability of the existing AD to

remove certain airplanes. This

amendment also revises references to a

certain replacement part number of a

valve housing. The actions specified by

this AD are intended to ensure that the

airplane maintains adequate thrust

decay characteristics in the event of

critical engine failure during takeoff.

DATES: Effective April 4, 1997.

The incorporation by reference of

Lockheed Airplane Flight Manual

Supplement 382–16, dated August 11,

1993, as listed in the regulations, was

approved previously by the Director of

the Federal Register as of August 10,

1994 (59 FR 35236, July 11, 1994).

ADDRESSES: The service information

referenced in this AD may be obtained

from Lockheed Aeronautical Systems

Support Company (LASSC), Field

Support Department, Dept. 693, Zone

0755, 2251 Lake Park Drive, Smyrna,

Georgia 30080. 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 FAA, Atlanta

Aircraft Certification Office, Small

Airplane Directorate, Campus Building,

1701 Columbia Avenue, Suite 2–160,

College Park, Georgia; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Thomas Peters, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Atlanta Aircraft

Certification Office, Small Airplane

Directorate, Campus Building, 1701

Columbia Avenue, Suite 2–160, College

Park, Georgia 30337–2748; telephone

(404) 305–7367; fax (404) 305–7348.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 95–12–05,

amendment 39–9255 (60 FR 28715, June

2, 1995), which is applicable to certain

Lockheed Model 382 series airplanes,

was published in the Federal Register

on February 21, 1996 (61 FR 6579). The

action proposed to supersede AD 95–

12–05 to continue to require the

previous revision to the Airplane Flight

Manual to require takeoff operation in

accordance with revised performance

data. The action also proposed to

continue to require the installation of

certain valve housings for the propeller

governor on the outboard engines. The

action also proposed to revise the

applicability of the existing AD to

remove certain airplanes, and to revise

references to a certain replacement part

number of a valve housing.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

Support for the Proposal

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 112 Model

382 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 18 airplanes of U.S.

registry will be affected by this

proposed AD.

The actions that are currently

required by AD 95–12–05 take

approximately 8 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour.

Required parts cost approximately

$90,000 per airplane. Based on these

figures, the cost impact on U.S.

operators of the actions currently

required is estimated to be $1,628,640,

or $90,480 per airplane.

Since this new AD only revises

certain information and part numbers, it

will impose no new costs to the affected

operators.

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 will accomplish those

actions in the future if this AD were not

adopted. However, the FAA has been

advised that the only U.S. operator of

the affected Lockheed Model 382 series

airplanes has already equipped half of

its fleet (9 airplanes) with the valve

housing assembly that is required by

this AD. Therefore, the future economic

cost of this AD on U.S. operators is now

only $814,320.

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)
9076 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations

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

removing amendment 39–9255 (60 FR

28715, June 2, 1995), and by adding a

new airworthiness directive (AD),

amendment 39–9951, to read as follows:

97–05–07 Lockheed: Amendment 39–9951.

Docket 96–NM–35–AD. Supersedes AD

95–12–05, Amendment 39–9255.

Applicability: Model 382, 382E, and 382G

series airplanes; equipped with a servo-type

valve housing assembly having part number

714325–3 or –7 installed on any outboard

engine; 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 (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 as indicated, unless

accomplished previously.

To ensure that the airplane maintains

adequate thrust decay characteristics in the

event of critical engine failure during takeoff,

accomplish the following:

(a) Within 60 days after August 10, 1994

(the effective date of AD 94–14–09,

amendment 39–8961), revise the Limitations

and Performance Data Sections of the FAAapproved Airplane Flight Manual (AFM) to

include information specified in Lockheed

Airplane Flight Manual Supplement 382–16,

dated August 11, 1993, and operate the

airplane accordingly thereafter. The

requirements of this paragraph may be

accomplished by inserting AFM Supplement

382–16 into the AFM.

(b) Within 12 months after the effective

date of this AD, replace the servo-type valve

housing assemblies having part number

714325–3 or –7 with a governor assembly

control number 577888 on the propeller

governors installed on the outboard engines,

in accordance with Lockheed Document

SMP–515C, Card No. CO–135. Replacement

of these assemblies with governor assembly

control numbers 577888, constitutes

terminating action for the requirements of

paragraph (a) of this AD; once the

replacement is accomplished, the AFM

revision may be removed.

Note 2: Propeller governors with servo-type

valve housing assemblies having part number

714325–3 or –7 may be retained or replaced

with a governor assembly control number

577888 for use on the inboard engine

positions.

(c) 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, Atlanta

Aircraft Certification Office (ACO), FAA,

Small 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, Atlanta ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(d) 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.

(e) The AFM revision shall be done in

accordance with Lockheed Airplane Flight

Manual Supplement 382–16, dated August

11, 1993. This incorporation by reference was

approved previously by the Director of the

Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51 as of August 10,

1994 (59 FR 35236, July 11, 1994). Copies

may be obtained from Lockheed Aeronautical

Systems Support Company (LASSC), Field

Support Department, Dept. 693, Zone 0755,

2251 Lake Park Drive, Smyrna, Georgia

30080. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

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

FAA, Atlanta Aircraft Certification Office,

Small Airplane Directorate, Campus

Building, 1701 Columbia Avenue, Suite 2–

160, College Park, Georgia; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

(f) This amendment becomes effective on

April 4, 1997.

Issued in Renton, Washington, on February

21, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–4946 Filed 2–27–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

[OH–239; Amendment Number 73]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Ohio regulatory

program (hereinafter referred to as the

‘‘Ohio program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of regulatory

changes to implement the remining

standards of the Federal Energy Policy

Act of 1992. The amendment is

intended to revise the Ohio program to

be consistent with the corresponding

Federal regulations as amended on

November 27, 1995. (60 FR 58480).

EFFECTIVE DATE: February 28, 1997.

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Office of Surface Mining

Reclamation and Enforcement, 3

Parkway Center, Pittsburgh, PA 15220,

Telephone: (412) 937–2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio program. Background information

on the Ohio program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval can be found in the August 10,

1982, Federal Register (47 FR 34688).

Subsequent actions concerning

conditions of approval and program

amendments can be found at 30 CFR

935.11, 935.15, and 935.16.