27834 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations

Form No. Edition

date Title

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I–290C ............................................................................................. 03–01–98 Notice of Certification.

* * * * * * *

I–485 Supplement B ....................................................................... 03–01–98 NACARA Supplement to Form I–485 Instructions.

* * * * * * *

15. Section 299.5 is amended in the table by adding the entry for Form ‘‘I–485 Supplement B’’ in proper numerical

sequence, to read as follows:

§ 299.5 Display of control numbers.

* * * * *

INS form No. INS form title

Currently assigned OMB

control No.

* * * * *

I–485 Supplement B ................................................................... NACARA Supplement to Form I–485 Instructions ..................... 1115–0221

* * * * *

Dated: May 12, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–13246 Filed 5–20–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–40–AD; Amendment

39–10534; AD 98–11–07]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

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 a

one-time inspection of the double

shuttle valve in the upper fuselage

fairing for incorrectly labeled part

numbers, and corrective actions, if

necessary. This amendment is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by this AD are

intended to ensure replacement of the

double shuttle valves when they have

reached their maximum life limit;

incorrectly labeled part numbers of the

double shuttle valves that are not

replaced could result in the failure of

the roll control spoilers, and,

consequently, lead to reduced

controllability of the airplane.

DATES: Effective June 25, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 25,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from FAIRCHILD DORNIER, 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:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 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

March 20, 1998 (63 FR 13577). That

action proposed to require a one-time

inspection of the double shuttle valve in

the upper fuselage fairing for incorrectly

labeled part numbers, and corrective

actions, if necessary.

Comments

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 50 airplanes

of U.S. registry will be affected by this

AD. It will take approximately 1 work

hour per airplane to accomplish the

required inspection at an average labor

rate of $60 per work hour. Based on this

figure, the cost impact of the inspection

required by this AD on U.S. operators is

estimated to be $3,000, or $60 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

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations 27835

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:

98–11–07 Dornier Luftfahrt GmbH:

Amendment 39–10534. Docket 98–NM–

40–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3086

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

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 replacement of the double

shuttle valves when they have reached their

maximum life limit, accomplish the

following:

(a) Within 30 days after the effective date

of this AD, perform a one-time visual

inspection of the double shuttle valve in the

upper fuselage fairing to determine if the part

number of the valve is labeled correctly, in

accordance with Dornier Service Bulletin

SB–328–27–236, Revision 1, dated November

5, 1997.

(b) If the inspection required by paragraph

(a) of this AD reveals that the installed

double shuttle valve is labeled incorrectly,

prior to further flight, accomplish paragraphs

(b)(1) and (b)(2) of this AD, in accordance

with Dornier Service Bulletin SB–328–27–

236, Revision 1, dated November 5, 1997.

(1) Revise the valve identification label to

correctly identify the part number of the

double shuttle valve, and delete any

reference to operating pressure (i.e., BAR

205).

(2) Verify that the installed valve is within

the limits specified for that particular part

number in accordance with the service

bulletin. If the installed double shuttle valve

is outside the limits, prior to further flight,

replace the double shuttle valve with a new

part.

(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,

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.

(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 actions shall be done in accordance

with Dornier Service Bulletin SB–328–27–

236, Revision 1, dated November 5, 1997.

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 FAIRCHILD DORNIER, 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.

Note 3: The subject of this AD is addressed

in German airworthiness directive 1997–321/

2, dated January 15, 1998.

(f) This amendment becomes effective on

June 25, 1998.

Issued in Renton, Washington, on May 13,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13312 Filed 5–20–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 90F–0310]

Indirect Food Additives: Adjuvants,

Production Aids, and Sanitizers

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of 1,11-(3,6,9-

trioxaundecyl)bis-3-

(dodecylthio)propionate as an

antioxidant for can end cements used in

contact with food. This action is in

response to a petition filed by Goodyear

Tire and Rubber Co.

DATES: The regulation is effective May

21, 1998. Submit written objections and

requests for a hearing by June 22, 1998.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: Vir

D. Anand, Center for Food Safety and

Applied Nutrition (HFS–215), Food and

Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3081.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

October 30, 1990 (55 FR 45656), FDA

announced that a food additive petition

(FAP 0B4223) had been filed by

Goodyear Tire and Rubber Co., Akron,

OH 44316–0001 (presently c/o Keller

and Heckman, 1001 G St. NW., suite 500

West, Washington, DC 20001). The

petition proposed to amend the food

additive regulations in § 178.2010

Antioxidants and/or stabilizers for

polymers (21 CFR 178.2010) to provide

for the safe use of 1,11-(3,6,9-

trioxaundecyl)bis-3-

(dodecylthio)propionate as an

antioxidant for can end cements used in

contact with food.

FDA has evaluated data in the

petition and other relevant material.

Based on this information, the agency