Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations 12081

mortgagee that has satisfied the

requirements of § 935.22(d).

(C) The real estate related collateral

described in § 935.9(a)(4), provided that

such collateral is comprised of mortgage

loans on one-to-four family or

multifamily residential property and the

acceptance of such collateral will not

increase the total amount of advances

outstanding to the SHFA secured by

such collateral beyond 30 percent of its

GAAP capital, as computed by the Bank.

(ii) Prior to making an advance

pursuant to this paragraph (b)(2), a Bank

shall obtain a written certification from

the nonmember mortgagee that it shall

use the proceeds of the advance for the

purposes described in paragraph

(b)(2)(i) of this section.

(c) Terms and conditions—(1)

General. Subject to the provisions of

this paragraph (c), a Bank, in its

discretion, shall determine whether, and

on what terms, it will make advances to

a nonmember mortgagee.

(2) Advance pricing. (i) A Bank shall

price advances to nonmember

mortgagees in accordance with the

requirements for pricing advances to

members set forth in § 935.6(b).

Wherever the term ‘‘member’’ appears

in § 935.6(b), the term shall be

construed also to mean ‘‘nonmember

mortgagee.’’

(ii) A Bank shall apply the pricing

criteria identified in § 936.5(b)(2)

equally to all of its member and

nonmember mortgagee borrowers.

(3) Limit on advances. The principal

amount of any advance made to a

nonmember mortgagee may not exceed

90 percent of the unpaid principal of the

mortgage loans or securities pledged as

security for the advance. This limit does

not apply to an advance made to a

nonmember mortgagee under paragraph

(b)(2) of this section.

(d) Transaction accounts. Solely for

the purpose of facilitating the making of

advances to a nonmember mortgagee, a

Bank may establish a transaction

account for each nonmember mortgagee.

(e) Loss of eligibility—(1) Notification

of status changes. A Bank shall require

a nonmember mortgagee that applies for

an advance to agree in writing that it

will promptly inform the Bank of any

change in its status as a nonmember

mortgagee.

(2) Verification of eligibility. A Bank

may, from time to time, require a

nonmember mortgagee to provide

evidence that it continues to satisfy all

of the eligibility requirements of the Act

and this subpart.

(3) Loss of eligibility. A Bank shall not

extend a new advance or renew an

existing advance to a nonmember

mortgagee that no longer meets the

eligibility requirements of the Act and

this subpart until the entity has

provided evidence satisfactory to the

Bank that it is in compliance with such

requirements.

(The Office of Management and Budget

approved the information collection

requirements contained in this section and

assigned control number 3069–0005 with an

expiration date of November 30, 1999)

By the Board of Directors of the Federal

Housing Finance Board.

Dated: February 19, 1997.

Bruce A. Morrison,

Chairperson.

[FR Doc. 97–6260 Filed 3–13–97; 8:45 am]

BILLING CODE 6725–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–117–AD; Amendment

39–9964; AD 97–06–07]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

Equipped With Burns Aerospace

Corporation Passenger Seats

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that requires

modification of the restraining systems

of certain passenger seats by replacing

anchor point fasteners with fasteners

that are able to withstand required 16g

load conditions. This amendment is

prompted by a report indicating that the

restraining systems on these seats failed

to meet 16g test load requirements

during dynamic testing. The actions

specified by this AD are intended to

prevent the fasteners from failing, which

could result in release of the seat

restraint and consequent injury to

passengers.

DATES: Effective April 18, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 18,

1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Dornier Luftfahrt GmbH, P.O. Box

1103, D–82230 Wessling, Germany. 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:

Connie Beane, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2796; fax (206) 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 certain Dornier

Model 328–100 series airplanes was

published in the Federal Register on

December 13, 1996 (61 FR 65494). That

action proposed to require removal of

the anchor point fasteners on Burns

Aerospace Corporation commuter seat

models JB6.8–1–22 and JB6.8–2–42

passenger seats. It proposed replacing

the fasteners with new ones which will

ensure that the restraining system for

these seats is able to withstand the

required 16g test load conditions.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 36 Dornier

Model 328–100 airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 1 work hour

per seat to accomplish the required

actions, and that the average labor rate

is $60 per work hour. There are

normally 30 seats per airplane. Required

parts will be provided by the

manufacturer at no cost to operators.

Based on these figures, the cost impact

of the AD on U.S. operators is estimated

to be $64,800, or $1,800 per airplane.

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 would accomplish

those actions in the future if this AD

were not adopted.

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
12082 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations

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)

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

adding the following new airworthiness

directive:

97–06–07 Dornier: Amendment 39–9964.

Docket 96–NM–117–AD.

Applicability: Model 328–100 series

airplanes equipped with Burns Aerospace

Corporation commuter seat models JB6.8–1–

22 and JB6.8–2–42 passenger seats;

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 failure of the anchor point

fasteners on the seat restraining systems,

which could result in release of the seat

restraint and consequent injury to

passengers, accomplish the following:

(a) Within 60 days after the effective date

of this AD, replace each anchor point fastener

on the restraining system of each seat with

a fastener of improved design, in accordance

with Dornier Service Bulletin SB–328–25–

114, dated July 10, 1995.

Note 2: The Dornier service bulletin

references Burns Aerospace Corporation

Service Bulletin SB–25–20–989, Revision B,

dated June 14, 1995, as an additional source

of procedural service information for

replacement of the anchor point fasteners.

(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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(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) The replacement shall be done in

accordance with Dornier Service Bulletin

SB–328–25–114, dated July 10, 1995. 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 Dornier

Luftfahrt GmbH, P.O. Box 1103, D–82230

Wessling, Germany. Copies may be inspected

at the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(e) This amendment becomes effective on

April 18, 1997.

Issued in Renton, Washington, on March 6,

1997.

Neil D. Schalekamp,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–6262 Filed 3–13–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 96–ASW–20]

Revision of Class E Airspace; Gallup,

NM

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revises the Class

E airspace extending upward from 700

feet above ground level (AGL) at Gallup,

NM. The development of a Global

Positioning System (GPS) Standard

Instrument Approach Procedure (SIAP)

to Runway (RWY) 24 at Gallup

Municipal Airport has made this action

necessary. This action is intended to

provide adequate Class E airspace to

contain instrument flight rule (IFR)

operations for aircraft executing the GPS

SIAP to RWY 24 at Gallup Municipal

Airport, Gallup, NM.

EFFECTIVE DATE: 0901 UTC, May 22,

1997.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Operations Branch, Air

Traffic Division, Southwest Region,

Federal Aviation Administration, Fort

Worth, TX 76193–0530, telephone 817–

222–5593.

SUPPLEMENTARY INFORMATION:

History

On November 22, 1996, a proposal to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) to revise

the Class E airspace at Gallup, NM, was

published in the Federal Register (61

FR 59383). A GPS SIAP to RWY 24

developed for Gallup Municipal

Airport, Gallup NM, requires the

revision of the Class E airspace at this

airport. The proposal was to revise the

controlled airspace extending upward

from 700 feet AGL to contain IFR

operations in controlled airspace during

portions of the terminal operation and

while transitioning between the enroute

and terminal environments.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments to the proposal were

received. The rule is adopted as

proposed.

The coordinates for this airspace

docket are based on North American

Datum 83. Class E airspace designations

for airspace areas extending upward

from 700 feet or more AGL are

published in Paragraph 6005 of FAA

Order 7400.9D dated September 4, 1996,

and effective September 16, 1996, which

is incorporated by reference in 14 CFR

71.1. The Class E airspace designation