Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Rules and Regulations 28039

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:

95–11–07 McDonnell Douglas: Amendment

39–9242. Docket 94–NM–79–AD.

Applicability: Model DC–10–10, –10F, –15,

–30, –30F, –40, and –40F series airplanes,

and KC–10A (military) airplanes; 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 undetected cracked or failed

attach bolts that may lead to reduced

structural integrity of the vertical stabilizer,

accomplish the following:

(a) Within 12 months after the effective

date of this AD, perform an ultrasonic

inspection to detect cracking in the attach

bolts of the upper vertical stabilizer, in

accordance with McDonnell Douglas DC–10

Service Bulletin 55–20, Revision 2, dated

August 4, 1994, unless accomplished within

the last 18 months prior to the effective date

of this AD in accordance with McDonnell

Douglas DC–10 Service Bulletin 55–20,

Revision 1, dated March 8, 1991, or Revision

2, dated August 4, 1994.

(1) If no cracking is detected in any bolt,

repeat the inspection of the uncracked bolt

thereafter at intervals not to exceed 18

months, until the requirements of paragraph

(c) of this AD are accomplished.

(2) If cracking is detected in any bolt, prior

to further flight, replace the cracked bolt and

associated nut with a new Inconel attach bolt

and associated nut, in accordance with the

service bulletin. No further action is required

by this AD for the new Inconel bolts and

associated nuts.

(b) Compliance with the inspections

required by paragraph (a) of this AD

constitutes compliance with the inspections

and reports required by paragraph (b) of AD

93–17–09, amendment 39–8680, for Principal

Structural Element (PSE) 55.10.001/002.

However, after installation of new Inconel

bolts and associated nuts, in accordance with

the requirements of paragraphs (a) and (c) of

this AD, PSE 55.10.001/002 must continue to

be inspected in accordance with AD 93–17–

09.

(c) Within 5 years after the effective date

of this AD, replace all H–11 attach bolts and

associated nuts of the upper vertical

stabilizer with new Inconel attach bolts and

associated nuts, in accordance with

McDonnell Douglas DC–10 Service Bulletin

55–20, Revision 1, dated March 8, 1991; or

Revision 2, dated August 4, 1994. Such

replacement constitutes terminating action

for the requirements of this AD.

(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 Aircraft Certification Office (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 2: 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 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.

(f) The inspections and replacement shall

be done in accordance with McDonnell

Douglas DC–10 Service Bulletin 55–20,

Revision 1, dated March 8, 1991, or

McDonnell Douglas DC–10 Service Bulletin

55–20, Revision 2, dated August 4, 1994.

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 McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1–

L51 (2–60). Copies may be inspected at the

FAA, Transport Airplane Directorate, 1601

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

the FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(g) This amendment becomes effective on

June 29, 1995.

Issued in Renton, Washington, on May 18,

1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–12713 Filed 5–26–95; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 10

[T.D. 95–45]

Reciprocal Privileges Extended to

Aircraft Registered in Abu Dhabi,

Bahrain, Oman and Qatar

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations by adding Abu

Dhabi, Bahrain, Oman and Qatar to the

list of countries whose registered

commercial aircraft are entitled to

certain privileges that exempt from

Customs duties and internal revenue

taxes their supplies and equipment that

are withdrawn from Customs or Internal

Revenue custody. Customs has been

duly informed that the Governments of

these countries allow exemption

privileges to U.S.-registered aircraft in

connection with international

commercial operations that are

substantially reciprocal to the

exemption privileges that may be

allowed under U.S. law to aircraft of

foreign registry. Accordingly, Customs

is extending reciprocal privileges.

DATES: This amendment is effective May

30, 1995. These reciprocal privileges

were granted on June 1, 1994.

FOR FURTHER INFORMATION CONTACT:

William G. Rosoff, Entry Rulings

Branch, (202) 482–7040.

SUPPLEMENTARY INFORMATION:

Background

Section 309 (a)(3) and (d) and 317,

Tariff Act of 1930, as amended (19

U.S.C. 1309 (a)(3) and (d) and 1317),

provide that foreign-registered aircraft

engaged in foreign trade may withdraw

from Customs or Internal Revenue

custody, free of customs duties and

internal revenue taxes imposed by

reason of importation, articles of foreign

or domestic origin for supplies

(including equipment), ground

equipment, maintenance, or repair of

the aircraft. The privileges granted by

these sections are allowed only if the

Secretary of Commerce finds and

advises the Secretary of the Treasury

that the foreign country in question

affords substantially reciprocal

privileges to U.S.-registered aircraft. The

regulations implementing these

reciprocal duty-free customs and

internal revenue tax exemptions are

found at § 10.59(f), Customs Regulations

(19 CFR 10.59(f)), which enumerates
28040 Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Rules and Regulations

those countries entitled to reciprocal

privileges and designates the extent of

the exemptions allowed.

In accordance with 19 U.S.C. 1309(d),

the Deputy Assistant Secretary for

Service Industries and Finance,

International Trade Administration,

Department of Commerce, has advised

the Customs Service by letter dated

April 17, 1995, that following an

appropriate investigation, it has been

found that the Governments of Abu

Dhabi, Bahrain, Oman and Qatar allow

or would allow to aircraft of United

States registry exemption privileges, in

connection with international

commerce operations, substantially

reciprocal to those exemption privileges

provided to aircraft of foreign registry by

sections 309 and 317 of the Tariff Act

of 1930, as amended. The effective date

of this finding is June 1, 1994.

This document amends the list in

§ 10.59(f), Customs Regulations (19 CFR

10.59(f)) by adding Abu Dhabi, Bahrain,

Oman and Qatar to the list of countries

entitled to reciprocal privileges.

Authority to amend this section of the

Customs Regulations has been delegated

to the Chief, Regulations Branch.

Inapplicability of Public Notice and

Comment Requirements, Delayed

Effective Date Requirements, the

Regulatory Flexibility Act, and

Executive Order 12866

Because the subject matter of this

document does not constitute a

departure from established policy or

procedures, but merely announces the

granting of an exemption for which

there is a statutory basis, it has been

determined, pursuant to 5 U.S.C.

553(b)(B), that the notice and public

comment procedures thereon are

unnecessary. Further, for the same

reasons and because Abu Dhabi,

Bahrain, Oman and Qatar have been

found to be presently granting

reciprocal exemption privileges to U.S.-

registered aircraft, it has been

determined, pursuant to 5 U.S.C.

553(d)(1) and (3), that a delayed

effective date is not required. Because

this document is not subject to the

notice and public procedure

requirements of 5 U.S.C. 553, it is not

subject to the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). This document does not meet

the criteria for a ‘‘significant regulatory

action’’ as specified in E.O. 12866.

List of Subjects in 19 CFR Part 10

Aircraft, Customs duties and

inspection, Exports, Imports, Reporting

and recordkeeping requirements.

Amendment to the Regulations

To reflect the reciprocal privileges

granted to aircraft registered in Abu

Dhabi, Bahrain, Oman and Qatar, part

10, Customs Regulations (19 CFR part

10) is amended as set forth below:

PART 10—ARTICLES CONDITIONALLY

FREE, SUBJECT TO A REDUCED

RATE, ETC.

1. The authority citation for part 10

continues to read, in part, as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the

United States (HTSUS)), 1321, 1481, 1484,

1498, 1508, 1623, 1624;

* * * * *

Section 10.59 also issued under 19 U.S.C.

1309, 1317;

* * * * *

§ 10.59 [Amended]

2. Section 10.59(f) is amended in the

table by adding to the column headed

‘‘Country’’, in appropriate alphabetical

order, ‘‘Abu Dhabi’’, ‘‘Bahrain’’,

‘‘Oman’’, and ‘‘Qatar’’ and by adding

‘‘95–45’’ adjacent to the names of the

above-listed countries in the column

headed ‘‘Treasury Decision(s)’’.

Dated: May 23, 1995.

Harold M. Singer,

Chief, Regulations Branch.

[FR Doc. 95–13070 Filed 5–26–95; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 944

Utah Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving, with an

exception and additional requirements,

a proposed amendment to the Utah

regulatory program (hereinafter referred

to as the ‘‘Utah program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). Utah

proposed revisions to and additions of

rules pertaining to retention of

highwalls in the postmining landscape.

Utah submitted the amendment with the

intent of revising its program to be

consistent with the corresponding

Federal regulations, clarifying

ambiguities, and improving operational

efficiency.

EFFECTIVE DATE: May 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Arthur W. Abbs, Acting Director,

Albuquerque Field Office, Telephone:

(505) 766–1486.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program

On January 21, 1981, the Secretary of

the Interior conditionally approved the

Utah program. General background

information on the Utah program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Utah

program can be found in the January 21,

1981, Federal Register (46 FR 5899).

Subsequent actions concerning Utah’s

program and program amendments can

be found at 30 CFR 944.15, 944.16, and

944.30.

II. Proposed Amendment

By letter dated November 12, 1993,

Utah submitted a proposed amendment

to its program pursuant to SMCRA

(administrative record No. UT–875).

Utah submitted the proposed

amendment at its own initiative and in

response to the required State program

amendments codified at 30 CFR 944.16

(a), (b), (c), and (d). The provisions of

the Utah Administrative Rules (Utah

Admin. R.) that Utah proposed to revise

were: Utah Admin. R. 645–301–553.200,

spoil and waste; Utah Admin. R. 645–

301–553.252, refuse piles; Utah Admin.

R. 645-301–553.500, previously mined

areas (PMA’s), continuously mined

areas (CMA’s), and areas subject to the

approximate original contour (AOC)

requirements; Utah Admin. R. 645–301–

553.520, exception from complete

highwall elimination for CMA’s; Utah

Admin. R. 645–301–553.523, stability

criteria for highwall remnants and

retained highwalls; Utah Admin. R.

654–301–553.600 and .620, AOC

variances for incomplete elimination of

highwalls in PMA’s or CMA’s; Utah

Admin. R. 654–301–553.631,

mountaintop removal operations; Utah

Admin. R. 654–301–553.650, required

showing by the operator and required

findings by the regulatory authority

necessary for approval of a retained

highwall; Utah Admin. R. 645–301–651,

height restrictions for retained

highwalls; Utah Admin. R. 645–301–

553.652, the applicability date of Utah’s

AOC standards at Utah Admin. R. 645–

301.553.651 through .655; Utah Admin.

R. 645–301–553.653, the restoration of

retained highwalls to cliff-type habitats

required by the flora and fauna existing

prior to mining; and Utah Admin. R.

645–301–553.654, compatibility of

retained highwalls with both the