21042 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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, 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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–09–09 McDonnell Douglas: Amendment

39–212. Docket 95–NM–54–AD.

Applicability: Model DC–8–61, –62, –62F,

–63, and –63F airplanes equipped with an

engine modified by Burbank Aeronautical

Corporation II (BAC II) in accordance with

Supplemental Type Certificate (STC)

SA4892NM or SA5455NM, 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 use the authority

provided in paragraph (d) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the cone bolt on the

right side of the forward mount of the engine,

which may lead to separation of the engine

during a critical phase of flight, accomplish

the following:

(a) Within 90 days after the effective date

of this AD, perform an inspection to

determine the part number (P/N) of the cone

bolt on the right side of the forward mount

of each of the four engines.

(1) If the cone bolt has Barry Controls P/

N 96013–1, no further action is required by

this AD.

(2) If the cone bolt does not have Barry

Controls P/N 96013–1, prior to further flight,

remove it and install a cone bolt having Barry

Controls P/N 96013–1, in accordance with

either STC SA4892NM or SA5455NM.

Note 2: Intervals for repetitive inspections

and replacements of life-limited cone bolts

having Barry Controls P/N 96013– are

specified in STC’s SA4892NM and

SA5455NM.

(b) Within 10 days after replacing a cone

bolt in accordance with the requirements of

paragraph (a)(2) of this AD, submit a report

that includes the information contained in

paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of

this AD, to the Manager, Los Angeles Aircraft

Certification Office (ACO), 3960 Paramount

Boulevard, Lakewood, California 90712;

telephone (310) 627–5323; fax (310) 627–

5210. Information collection requirements

contained in this regulation have been

approved by the Office of Management and

Budget (OMB) under the provisions of the

Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.) and have been assigned OMB

Control Number 2120–0056.

(1) Series and fuselage serial number of

Model DC–8 series airplane.

(2) Total time and number of cycles on the

engine since installation of the engine

modified by BAC II in accordance with STC

SA4892NM or SA5455NM.

(3) Number of bolts identified having BAC

II P/N DC–8–21005–7.

(4) Number of bolts destroyed having BAC

P/N DC–8–21005–7.

(c) As of the effective date of this AD, no

person shall install, on any airplane, a cone

bolt having BAC II P/N DC–8–21005–7 on

right side of the forward mount of the engine.

(d) 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, Los

Angeles ACO, 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, Los Angeles ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(e) Special flight permits may be issued in

accordance with §§ 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.

(f) This amendment becomes effective on

May 16, 1995.

Issued in Renton, Washington, on April 25,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10586 Filed 4–28–95; 8:45 am]

BILLING CODE 4910–13–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

14 CFR Part 1245

Patents and Other Intellectual Property

Rights

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: NASA is amending 24 CFR

part 1245 by removing Subpart 2,

‘‘Licensing of NASA Inventions.’’ The

Department of Commerce has issued

similar regulations which prescribe the

terms, conditions, and procedures upon

which a federally-owned invention may

be licensed. These regulations are

codified at 37 CFR Part 404, ‘‘Licensing

of Government-Owned Inventions.’’

NASA began granting licenses in

accordance with the Department of

Commerce regulations on March 13,

1995. All licenses agreements executed

prior to this date will operate under the

previous regulations.

EFFECTIVE DATE: March 13, 1995.

FOR FURTHER INFORMATION CONTACT:

John G. Mannix, 202–358–2424.

List of Subjects in 14 CFR Part 1245

Authority delegations (Government

agencies), Inventions and patents.

Under the authority, 42 U.S.C. 2473,

14 CFR Part 1245 is amended as follows:

PART 1245—[AMENDED]

Subpart 2—[Removed and Reserved]

In 14 CFR Part 1245, Subpart 2

(consisting of SS 1245.200 through

1245.214) is removed and reserved.

Dated: April 24, 1995.

Edward A. Frankle,

General Counsel.

[FR Doc. 95–10583 Filed 4–28–95; 8:45 am]

BILLING CODE 7510–01–M
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21043

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 7, 11, 12, 18, 19, 24, 54,

101, 102, 111, 114, 123, 128, 132, 134,

141, 145, 146, 148, 151, 152, 177, 181,

and 191

[T.D. 95–29]

Technical Amendments to the

Customs Regulations; Correction

AGENCY: Customs Service, Treasury.

ACTION: Final rule; correction.

SUMMARY: This document makes a

correction to the document published in

the Federal Register which made

certain technical corrections to various

authority citations to reflect

amendments to the Harmonized Tariff

Schedule of the United States made by

the North American Free Trade

Agreement (NAFTA) and the Uruguay

Round of the General Agreement on

Tariffs and Trade (GATT).

EFFECTIVE DATE: This correction is

effective May 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Gregory R. Vilders, Attorney,

Regulations Branch, (202) 482–6930.

SUPPLEMENTARY INFORMATION:

Background

On April 11, 1995, Customs published

in the Federal Register (60 FR 18347)

T.D. 95–29 to make certain technical

corrections to various statutory

authority citations contained in the

Customs Regulations (19 CFR Chapter 1)

to reflect amendments to the

Harmonized Tariff Schedule of the

United States (HTSUS) made by the

North American Free Trade Agreement

(NAFTA) and the Uruguay Round of the

General Agreement on Tariffs and Trade

(GATT).

This document corrects an error

contained in T.D. 95–29. The error

concerns the amendment to § 141.4.

Because of a recent revision to § 141.4,

the references in T.D. 95–29 to

paragraph (a) and General Note 4 in

§ 141.4 did not accurately reflect the

recently revised structure and text of

§ 141.4.

T.D. 94–51, published in the Federal

Register (59 FR 30289) on June 13, 1994,

regarding express consignments; formal

and informal entries of merchandise and

administrative exemptions revised

§ 141.4 on an interim basis. The revision

renumbered the paragraphs and updated

the authority citation to the Harmonized

Tariff Schedule of the United States

(HTSUS) from General Note 4 to General

Note 13, which was the correct citation

at that time. This interim revision was

finalized in T.D. 95–31, which was

published in the Federal Register (60

FR 18983) on April 14, 1995. The

technical correction amendment to

§ 141.4 in T.D. 95–29, inadvertently, did

not take into account the revision to

§ 141.4 in T.D. 94–51. Accordingly, this

document corrects that error.

Correction of Publication

Accordingly, the publication on April

11, 1995 of the final rule (T.D. 95–29)

(60 FR 18347) is corrected as follows:

1. On page 18347, in the third column

under the heading Part 141, the

references to ‘‘Section 141.4(a)’’ and

‘‘General Note 4’’ are corrected to read

‘‘Section 141.4(b)(1)’’ and ‘‘General Note

13’’, respectively.

2. On page 18348, in the third column

under Part 141, the second instruction

is corrected to read ‘‘In § 141.4, the

reference in paragraph (b)(1) to ‘‘General

Note 13’’ is revised to read ‘‘General

Note 16’’.

Dated: April 24, 1995.

Harold M. Singer,

Chief, Regulations Branch.

[FR Doc. 95–10558 Filed 4–28–95; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

[Docket No. 950328079–5079–01]

RIN 0651–AA67

Revision of Affidavits Under 37 CFR

1.131

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Final rule.

SUMMARY: The Patent and Trademark

Office (Office) is amending the rules of

practice relating to submission of

affidavits or declaration under 37 CFR

1.131(a) to implement the relevant

provisions of the North American Free

Trade Agreement Act and the Uruguay

Round Agreements Act, respectively.

The change will allow an inventor to

show a completion of the invention in

this country or a NAFTA or WTO

member country before the filing of the

application on which the U.S. patent

issued or before the date of the foreign

patent, or before the date of the printed

publication.

EFFECTIVE DATE: This final rule is

effective May 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Hiram Bernstein by telephone at (703)

305–9285 or by mail addressed to the

Commissioner of Patents and

Trademarks, Washington, DC 20231

marked to the attention of Mr.

Bernstein, Office of the Deputy

Assistant Commissioner for Patent

Policy and Programs, or by FAX to (703)

308–6916.

SUPPLEMENTARY INFORMATION: Section

331 of Public Law 103–182, 107 Stat.

2057 (1993), the North American Free

Trade Agreement Act, implementing the

North American Free Trade Agreement

(NAFTA), amended 35 U.S.C. 104 to

provide that for the purpose of obtaining

a patent, an applicant may establish a

date of invention in the United States,

or in a NAFTA member country (Canada

and Mexico), which occurred after the

date of implementation (i.e., December

8, 1993). Section 531 of Public Law No.

103–465, 108 Stat. 4809 (1994), the

Uruguay Round Agreements Act,

implementing the General Agreement

on Tariffs and Trade (GATT), further

amended 35 U.S.C. 104 to provide that

for purposes of obtaining a patent, an

applicant may establish a date of

invention in the United States, or in a

World Trade Organization (WTO)

member country other than a NAFTA

member country, that is no earlier than

12 months after the date of entry into

force of the WTO agreement (i.e.,

January 1, 1996).

A notice of proposed rulemaking

relating to Revision of Affidavits Under

37 CFR 1.131 was published in the

Federal Register, 59 FR 49876

(September 30, 1994), and in the Official

Gazette, 1167 Off. Gaz. Pat. Office 96

(October 25, 1994). No written

comments were received in response to

this notice.

The Office is amending 37 CFR

1.131(a), which is currently limited to

facts showing a completion of the

invention in the United States, to allow

for a submission of facts in an affidavit

or in a declaration that shows a

completion of the invention in a

NAFTA or in a WTO member country.

The WTO is established under the

GATT agreement to resolve disputes

between signatories to the agreement.

The facts presented must demonstrate a

completion of the invention prior to the

effective date of a reference thought to

prevent the grant of a patent or overturn

the patentability of a claim in a patent

under reexamination.

No substantive change has been made

in 37 CFR 1.131(a)(1) relating to a

NAFTA or a WTO member country.

After further review and

consideration of the proposed rule, the

following modifications are made.