Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations 23657

1The total number of carrier violations of section

273 of the Act for a fiscal year is determined by

taking the total number of violations minus

violations for the transportation of improperly

documented lawful permanent residents and

rejected cases. Rejected cases include those cases

where the INS has determined that either: (1) no

violation occurred; or, (2) sufficient evidence was

not submitted to support the imposition of a fine.

3.12 The Carrier agrees to expeditiously

respond to written requests from the

appropriate INS official(s) for information

pertaining to the identity, itinerary, and

seating arrangements of individual

passengers. The Carrier also agrees to provide

manifests and other information, required to

identify passengers, information and

evidence regarding the identity and method

of concealment of a stowaway, and

information regarding any organized alien

smuggling activity.

3.13 Upon arrival at a Port-of-Entry (POE)

and prior to inspection, the Carrier agrees to

notify INS personnel at the POE of any

unusual circumstances, incidents, or

problems at the port of embarkation

involving the transportation of improperly

documented aliens to the United States.

3.14 The Carrier agrees to notify the

Assistant Commissioner of Inspections, in

writing, if it is unable to comply with any

section of the MOU because of local law or

local competent authority. The Carrier shall

list the specific section of the MOU with

which it is unable to comply and, to be in

compliance with the MOU, shall notify the

Service within ten (10) days after becoming

cognizant of this prohibition to comply.

Further, in such instances the Carrier shall

propose alternative means for meeting the

objective sought by the paragraph in

question. For instance, where review of

foreign boarding procedures cannot be

performed by INS personnel, the Carrier

could provide that an audit of its operation

be performed by local authorities or by

private auditors.

4. INS Agreement

4.1 The Director of the National Fines

Office will serve as a coordinator for all

issues arising from the implementation of

this MOU. The INS shall provide the carrier

with the coordinator’s name, address,

telephone number, and facsimile number.

4.2 The INS agrees to develop an

Information Guide to be used by Carrier

personnel at all ports of embarkation prior to

boarding passengers destined to the United

States. The Information Guide will function

as a resource to assist Carrier personnel in

determining proper documentary

requirements and detecting fraud.

4.3 The INS agrees to develop a formal,

continuing training program to assist carriers

in their screening of passengers. Carriers may

provide input to the INS concerning specific

training needs that they have identified.

Initial and annual refresher training will be

conducted by the INS or Carrier

representatives trained by the INS.

4.4 To the extent possible, INS and State

Department Consular officials will consult,

support, and assist the Carrier’s efforts to

screen passengers prior to boarding.

4.5 The INS shall determine each

Carrier’s Performance Level (PL) based on

statistical analysis of the Carrier’s

performance, as a means of evaluation

whether the Carrier has successfully screened

all of its passengers in accordance with 8

CFR 273.3 and this MOU. The PL is

determined by taking the number of each

Carrier’s violations of section 273 of the Act

for a fiscal year 1/ and dividing this by the

number of documented nonimmigrants (i.e.,

those nonimmigrants that submit an Arrival/

Departure Record, Form I–94, I–94T, or I–

94W) transported by the Carrier and

multiplying the result by 1,000.

4.6 The INS shall establish an Acceptable

Performance Level (APL), based on statistical

analysis of the performance of all carriers, as

a means of evaluating whether the Carrier has

successfully screened all of its passengers in

accordance with 8 CFR 273.3 and this MOU.

The APL shall be determined by taking the

total number of all carrier violations of

section 273 of the Act for a fiscal year 1/ and

dividing this by the total number of

documented nonimmigrants (i.e., those

nonimmigrants that submit an Arrival/

Departure Record, Form I–94, I–94T, or I–

94W) transported by all carriers for a fiscal

year and multiplying the result by 1,000.

4.7 The INS shall establish a Second

Acceptable Performance Level (APL2), based

on statistical analysis of the performance of

all carriers at or better than the APL, as a

means of further evaluating carrier success in

screening its passengers in accordance with

8 CFR 273.3 and this MOU. Using carrier

statistics for only those carriers which are at

or better than the APL, the APL2 shall be

determined by taking the total number of

these carrier violations of section 273 of the

Act for a fiscal year 1 and dividing by the

total number of documented nonimmigrants

(i.e., those nonimmigrants that submit an

Arrival/Departure Record, Form I–94, I–94T,

or I–94W) transported by these carriers and

multiplying the result by 1,000.

4.8 The PL, APL, and APL2 may be

recalculated periodically as deemed

necessary, based on Carrier performance

during the previous period(s).

4.9 Carriers whose PL is at or better than

the APL are eligible to receive an automatic

25 percent reduction, if signatory to and in

compliance with this MOU, on fines imposed

under section 273 of the Act for periods

determined by the INS.

4.10 Carriers whose PL is at or better than

the APL2 are eligible to receive an automatic

50 percent reduction, if signatory to and in

compliance with this MOU, on fines imposed

under section 273 of the Act for periods

determined by the INS.

4.11 If the Carrier’s PL is not at or better

than the APL, the Carrier may receive an

automatic 25 percent reduction in fines, if it

meets certain conditions, including being

signatory to and in compliance with the

MOU, and the carrier submits evidence that

it has taken extensive measures to prevent

the transport of improperly documented

passengers to the United States. This

evidence shall be submitted to the Assistant

Commissioner for Inspections for

consideration. Evidence may include, but is

not limited to, the following: (1) Information

regarding the Carrier’s training program,

including participation of the Carrier’s

personnel in any INS, Department of State

(DOS), or other training programs and the

number of employees trained: (2) information

regarding the date and number of improperly

documented aliens intercepted by the Carrier

at the port(s) of embarkation, including, but

not limited to, the aliens’ name, date of birth,

passport nationality, passport number or

other travel document information, and

reason boarding was refused, if otherwise

permitted under local law; and, (3) other

evidence, including screening procedure

enhancements, technological or otherwise, to

demonstrate the Carrier’s good faith efforts to

properly screen passengers destined to the

United States.

4.12 The Carrier may defend against

imposition or seek further reduction of an

administrative fine if the case is timely

defended pursuant to 8 CFR part 280, in

response to the Form I–79, Notice of Intent

to Find, and the Carrier establishes that

mitigating or extenuating circumstances

existed at the time of the violation.

4.13 Nothing in this MOU precludes a

carrier from seeking fine reduction, refund,

or waiver under 8 CFR 273.4.

lllllllllllllllllllll

(Representative’s Signature)

lllllllllllllllllllll

(Title)

lllllllllllllllllllll

(Carrier Name)

Dated: lllllllllllllllll

lllllllllllllllllllll

Assistant Commissioner, Office of Inspection,

United States Immigration and Naturalization

Service.

Dated: lllllllllllllllll

[FR Doc. 98–11481 Filed 4–29–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–134–AD; Amendment

39–10505; AD 98–09–24]

RIN 2120–AA64

Airworthiness Directives; Diamond

Aircraft Industries Models H–36

‘‘Dimona’’ and HK 36 R ‘‘Super

Dimona’’ Sailplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Diamond Aircraft

Industries (Diamond) Models H–36

‘‘Dimona’’ and HK 36 R ‘‘Super

Dimona’’ sailplanes. This AD requires:

inspecting the elevator rib area for

damage on certain Models H–36

‘‘Dimona’’ and HK 36 R ‘‘Super
23658 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

Dimona’’ sailplanes, and either

immediately or eventually replacing the

elevator ribs depending on the results of

the inspection; replacing the M6 screws

that attach the wheel axle to steel

support with M8 screws on certain

Model HK 36 R ‘‘Super Dimona’’

sailplanes; and inspecting the shoulder

harness fittings for improper bonding on

certain Diamond Model H–36 ‘‘Dimona’’

sailplanes, and repairing any harness

with an improper bond. This AD is the

result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

Austria. The actions specified by this

AD are intended to prevent failure of

either the shoulder harness fittings,

elevator rib, or the wheel axle to steel

support attachment, which could result

in passenger injury caused by an

inadequate restraint system; reduced

sailplane controllability caused by

structural damage to the elevator; and/

or reduced sailplane controllability

during takeoff, landing, and ground

operations caused by the installation of

incorrect wheel axle screws.

DATES: Effective June 15, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 15,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

Diamond Aircraft Industries, G.m.b.H.,

N.A. Otto-Strabe 5, A–2700, Wiener

Neustadt, Austria. This information may

also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–

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

Kansas City, Missouri 64106; or at the

Office of the Federal Register, 800 North

Capitol Street, NW, suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Mike Kiesov, Aerospace Engineer, Small

Airplane Directorate, Aircraft

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone: (816) 426–6934;

facsimile: (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to certain Diamond Models H–36

‘‘Dimona’’, and HK 36 R ‘‘Super

Dimona’’ sailplanes was published in

the Federal Register as a notice of

proposed rulemaking (NPRM) on

February 13, 1998 (63 FR 7324). The

NPRM proposed to require inspecting

the elevator rib area for damage on

certain Models H–36 ‘‘Dimona’’ and HK

36 R ‘‘Super Dimona’’ sailplanes, and

either immediately or eventually

replacing the elevator ribs depending on

the results of the inspection; replacing

the M6 screws that attach the wheel axle

to steel support with M8 screws on all

of the affected airplanes; and inspecting

the shoulder harness fittings for

improper bonding on certain Diamond

Model H–36 ‘‘Dimona’’ sailplanes, and

repairing any harness with an improper

bond. Accomplishment of the proposed

actions as specified in the NPRM would

be in accordance with Diamond Work

Instruction No. 21, dated March 20,

1996, as referenced in Diamond Service

Bulletin No. 51, dated March 30, 1996;

Hoffman Work Instruction No. 10, dated

May 29, 1991, as referenced in Hoffman

Service Bulletin No. 27, dated May 31,

1991; and Hoffman Service Bulletin 17,

dated January 20, 1987.

The NPRM was the result of

mandatory continuing airworthiness

information (MCAI) issued by the

airworthiness authority for Austria.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

The FAA inadvertently included the

Model H–36 ‘‘Dimona’’ sailplanes in the

wheel to axle support screw

replacement requirement of the NPRM.

This requirement should only apply to

certain Model HK 36 R ‘‘Super Dimona’’

airplanes. The final rule has been

changed accordingly.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for the

applicability change in the wheel to axle

support screw replacement requirement

and minor editorial corrections. The

FAA has determined that this change

and the minor corrections will not add

any additional burden upon the public

than was already proposed.

Cost Impact

The FAA estimates that 15 sailplanes

in the U.S. registry will be affected by

the elevator portion of this AD, that it

will take approximately 10 workhours

per sailplane to accomplish the elevator

portion of this AD, and that the average

labor rate is approximately $60 an hour.

Kits cost approximately $100 per

sailplane. Based on these figures, the

total cost impact of the elevator portion

of this AD on U.S. operators is estimated

to be $10,500, or $700 per sailplane.

The FAA estimates that 2 sailplanes

in the U.S. registry will be affected by

the wheel axle screws portion of this

AD, that it will take approximately 6

workhours per sailplane to accomplish

the wheel axle screws portion of this

AD, and that the average labor rate is

approximately $60 an hour. Kits cost

approximately $165 per sailplane. Based

on these figures, the total cost impact of

the wheel axle screws portion of this AD

on U.S. operators is estimated to be

$1,050, or $525 per sailplane.

The FAA estimates that 8 sailplanes

in the U.S. registry will be affected by

the shoulder harness fittings portion of

this AD, that it will take approximately

6 workhours per sailplane to

accomplish the shoulder harness fittings

portion of this action, and that the

average labor rate is approximately $60

an hour. Parts cost approximately $10

per sailplane. Based on these figures,

the total cost impact of the shoulder

harness fittings portion of this AD on

U.S. operators is estimated to be $2,960,

or $370 per sailplane.

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)

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 final

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, Incorporation by reference,

Safety.
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations 23659

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 a new airworthiness directive

(AD) to read as follows:

98–09–24 Diamond Aircraft Industries:

Amendment 39–10505; Docket No. 97–

CE–134–AD.

Applicability: The following sailplane

models and serial numbers, certificated in

any category:

Model H–36 ‘‘Dimona’’ sailplanes, all

serial numbers; and

Model H 36 R ‘‘Super Dimona’’ sailplanes,

serial numbers 36301 through 36414.

Note 1: This AD applies to each sailplane

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

sailplanes 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 (e) 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 failure of either the shoulder

harness fittings, elevator rib, or the wheel

axle to steel support attachment, which could

result in passenger injury caused by an

inadequate restraint system; reduced

sailplane controllability caused by structural

damage to the elevator; and/or reduced

sailplane controllability during takeoff,

landing, and ground operations caused by the

installation of incorrect wheel axle screws,

accomplish the following:

(a) Within the next 3 calendar months after

the effective date of this AD, accomplish the

following:

(1) For the Model H–36 ‘‘Dimona’’

sailplanes, all serial numbers; and the Model

HK 36 R ‘‘Super Dimona’’ sailplanes, serial

numbers 36301 through 36414, inspect the

elevator rib area for damage. Accomplish this

inspection in accordance with Diamond

Work Instruction No. 21, dated March 20,

1996, as referenced in Diamond Service

Bulletin No. 51, dated March 30, 1996.

(2) For the Model HK 36 R ‘‘Super

Dimona’’ sailplanes, serial numbers 36301

through 36327, replace the M6 screws that

attach the wheel axle to steel support with

M8 screws. Accomplish this replacement in

accordance with Hoffman Work Instruction

No. 10, dated May 29, 1991, as referenced in

Hoffman Service Bulletin No. 27, dated May

31, 1991.

(3) For the Model H–36 ‘‘Dimona’’

sailplanes, serial numbers 3501 through 3539

and 3601 through 36143, inspect the

shoulder harness fittings for improper

bonding. Accomplish this inspection in

accordance with Hoffman Service Bulletin

17, dated January 20, 1987.

(b) Prior to further flight after the

inspections required by paragraphs (a)(1) and

(a)(3) of this AD, accomplish the following:

(1) If any damage is found in the elevator

rib area on any sailplane affected by

paragraph (a)(1) of this AD, replace the

elevator ribs in accordance with Diamond

Work Instruction No. 21, dated March 20,

1996, as referenced in Diamond Service

Bulletin No. 51, dated March 30, 1996.

(2) If an improper bonding is found on the

shoulder harness fittings on any sailplane

affected by paragraph (a)(3) of this AD, repair

the shoulder harness fittings in accordance

with Hoffman Service Bulletin 17, dated

January 20, 1987.

(c) For the Model H–36 ‘‘Dimona’’

sailplanes, all serial numbers; and the Model

HK 36 R ‘‘Super Dimona’’ sailplanes, serial

numbers 36301 through 36414, within the

next 3,000 hours time-in-service (TIS) after

the effective date of this AD, replace the

elevator ribs, unless already accomplished as

required by paragraph (b)(1) of this AD.

Accomplish this replacement in accordance

with Diamond Work Instruction No. 21,

dated March 20, 1996, as referenced in

Diamond Service Bulletin No. 51, dated

March 30, 1996.

(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 sailplane

to a location where the requirements of this

AD can be accomplished.

(e) An alternative method of compliance or

adjustment of the compliance times 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.

(f) Questions or technical information

related to the service information referenced

in this AD should be directed to Diamond

Aircraft Industries, G.m.b.H., N.A. OttoStrabe 5, A–2700, Wiener Neustadt, Austria.

This service information may be examined at

the FAA, Central Region, Office of the

Regional Counsel, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106.

(g) The inspections, replacements, and

repair required by this AD shall be done in

accordance with Diamond Work Instruction

No. 21, dated March 20, 1996, as referenced

in Diamond Service Bulletin No. 51, dated

March 30, 1996; Hoffman Work Instruction

No. 10, dated May 29, 1991, as referenced in

Hoffman Service Bulletin No. 27, dated May

31, 1991; and Hoffman Service Bulletin 17,

dated January 20, 1987. 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 Diamond Aircraft

Industries, G.m.b.H., N.A. Otto-Strabe 5, A–

2700, Wiener Neustadt, Austria. Copies may

be inspected at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW, suite 700,

Washington, DC.

Note 3: The subject of this AD is addressed

in Austrian AD No. 85, dated May 29, 1996,

for the elevator condition; Austrian AD No.

63, not dated, for the wheel axle screws

condition; and Austrian AD No. 54, not

dated, for the shoulder harness fittings

condition.

(h) This amendment becomes effective on

June 15, 1998.

Issued in Kansas City, Missouri, on April

21, 1998.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–11162 Filed 4–29–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–130–AD; Amendment

39–10507; AD 98–09–26]

RIN 2120–AA64

Airworthiness Directives; Dassault

Model Falcon 2000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Dassault Model

Falcon 2000 series airplanes. This

action requires revising the Airplane

Flight Manual (AFM) to provide the

flightcrew with procedures for

monitoring and properly setting the fuel

booster pump pressure; and repetitive

visual inspections of the fuel lines to

detect fatigue cracking and fuel leakage.

This action also requires a one-time

inspection of the fuel lines to detect

cracking, replacement of any discrepant

part with a new part, and installation of

new brackets between the pressure