Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations 12667

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 (h) 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 the inability of passengers to

exit the airplane in the event of an

emergency, accomplish the following:

(a) For airplanes having serial numbers

7004 through 7028, inclusive: Within 14 days

after the effective date of this AD, and

thereafter at intervals not to exceed 3 days

until the action required by paragraph (e)(2)

of this AD is accomplished, apply an antiicing agent to the operating mechanisms of

the passenger door in accordance with

Canadair Alert Service Bulletin S.B. A601R–

52–002, Revision ‘C,’ dated December 1,

1993.

(b) For airplanes having serial numbers

7004 through 7006, inclusive, and 7008

through 7010, inclusive: Within 14 days after

the effective date of this AD, and thereafter

at intervals not to exceed 300 hours time-inservice until the actions required by

paragraphs (e)(1) and (e)(3) of this AD are

accomplished, apply grease to the passenger

door latch-pin fittings in accordance with

Canadair Service Bulletin S.B. 601R–52–007,

Revision ‘B,’ dated December 1, 1993.

(c) For airplanes having serial numbers

7004 through 7006, inclusive, and 7008

through 7010, inclusive: Within 14 days after

the effective date of this AD, deactivate the

pull-out handle located on the outside of the

passenger door, in accordance with Canadair

Alert Service Bulletin S.B. A601R–52–008,

Revision ‘B,’ dated December 1, 1993.

(d) For airplanes having serial numbers

7004 through 7019, inclusive: Within 14 days

after the effective date of this AD, install

sealed insulation packages to the interior of

the passenger door in accordance with

Canadair Service Bulletin S.B. 601R–52–006,

Revision ‘B,’ dated December 1, 1993.

(e) Within 60 days or 600 hours time-inservice after the effective date of this AD,

whichever occurs first, accomplish the

procedures specified in paragraphs (e)(1),

(e)(2), and (e)(3) of this AD:

(1) For airplanes having serial numbers

7004 through 7024, inclusive: Modify the

passenger door latch pin fittings, and install

grease retain, grease tube, and nipple

assembly; and grease the latch pins in

accordance with paragraphs 2A and 2B of the

Accomplishment Instructions of Canadair

Alert Service Bulletin S.B. A601R–52–009,

Revision ‘B,’ dated December 1, 1993.

(2) For airplanes having serial numbers

7004 through 7028, inclusive: Modify the

outer handle of the passenger door in

accordance with Canadair Alert Service

Bulletin S.B. A601R–52–021, Revision ‘A,’

dated December 7, 1993. Repetitive

applications of an anti-ice agent, as required

by paragraph (a) of this AD, must be

discontinued upon accomplishment of the

modification required by this paragraph.

(3) For airplanes having serial numbers

7004 through 7024, inclusive: Install placards

adjacent to the door latch pins on the

passenger door structure in accordance with

Canadair Service Bulletin S.B. 601R–11–007,

dated December 1, 1993.

(f) Accomplishment of the actions required

by paragraphs (e)(1) and (e)(3) of this AD

constitutes terminating action for the

repetitive greasing requirements of paragraph

(b) of this AD.

(g) For airplanes having serial numbers

7003 and subsequent: Within 300 hours timein-service after accomplishing the applicable

modifications required by paragraphs (e)(1),

(e)(2), and (e)(3) of this AD, and thereafter at

intervals not to exceed 300 hours time-inservice, accomplish the lubrication

procedures in specified paragraphs (g)(1) and

(g)(2) of this AD.

(1) Lubricate the passenger door latch pins

in accordance with paragraph 2B, Part ‘‘A,’’

Items (26) through (28), of the

Accomplishment Instructions of Canadair

Alert Service Bulletin S.B. A601R–52–009,

Revision B, dated December 1, 1993.

(2) Lubricate the passenger door outer

handle assembly in accordance with

paragraph 2B, Item (28), of the

Accomplishment Instructions of Canadair

Alert Service Bulletin S.B. A601R–52–021,

Revision A, dated December 7, 1993.

(h) 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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(i) 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.

(j) The actions shall be done in accordance

with Canadair Alert Service Bulletin S.B.

A601R–52–002, Revision ‘C,’ dated December

1, 1993; Canadair Service Bulletin S.B. 601R–

52–007, Revision ‘B’, dated December 1,

1993; Canadair Alert Service Bulletin S.B.

A601R–52–008, Revision ‘B’, dated December

1, 1993; Canadair Service Bulletin S.B. 601R–

52–006, Revision ‘B’, dated December 1,

1993; Canadair Alert Service Bulletin S.B.

A601R–52–009, Revision ‘B’, dated December

1, 1993; Canadair Alert Service Bulletin S.B.

A601R–52–021, Revision ‘A’, dated

December 7, 1993; and Canadair Service

Bulletin S.B. 601R–11–007, dated December

1, 1993; as applicable. 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 Bombardier, Inc., Bombardier

Regional Aircraft Division, Garratt Boulevard,

Downsview, Ontario, Canada M3K 1Y5.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue SW., Renton, Washington; or at the

FAA, Engine and Propeller Directorate, New

York Aircraft Certification Office, 10 Fifth

Street, Third Floor, Valley Stream, New York

11581; or at the Office of the Federal Register,

800 North Capitol Street NW., suite 700,

Washington, DC.

This amendment becomes effective on

April 17, 1995.

Issued in Renton, Washington, on February

15, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–4256 Filed 3–7–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 93–AWP–19]

Amendment to Class D Airspace; Luke

Air Force Base (AFB), AZ

AGENCY: Federal Aviation

Administration [FAA], DOT.

ACTION: Final rule; correction.

SUMMARY: This action corrects an error

in the Class D airspace area description

in a final rule that was published in the

Federal Register on January 19, 1995.

The FAA has obtained additional

airport data and is revising the

description of the Luke AFB, AZ Class

D airspace area based on this data.

EFFECTIVE DATE: 0901 UTC, March 30,

1995.

FOR FURTHER INFORMATION CONTACT:

Charles Register, System Management

Specialist, System Management Branch,

AWP–530, Air Traffic Division,

Western-Pacific Region, Federal

Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261, telephone (310) 297–

1640.

SUPPLEMENTARY INFORMATION:

History

Airspace Docket No. 93–AWP–19,

published on January 19, 1995 (60 FR

3741), revised the description of the

Class D airspace at Luke AFB, AZ to

provide adequate controlled airspace for

instrument approach procedures. An

error was discovered in the Class D

airspace area description for Luke AFB

AZ. The FAA has obtained additional

airport data and is revising the

description of the Luke AFB, AZ Class

D airspace area based on this data.
12668 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations

Correction to Final Rule

Accordingly, pursuant to the

authority delegated to me, the

description of the Class D airspace area

at Luke AFB, AZ, as published in the

Federal Register on January 19, 1995

(60 FR 3741) and the description in

FAA Order 7400.9B, which is

incorporated by reference in 14 CFR

71.7, are corrected as follows:

§ 71.7 [Corrected]

On page 3742, in the second column,

the description for the Luke AFB, AZ

Class D airspace is corrected as follows:

AWP AZ D Phoenix, Luke Air Force Base, AZ

[Corrected]

Phoenix Luke Air Force Base, AZ

(Lat. 33°32′06′′ N, long. 112°22′59′′ W)

Luke Air Force Base TACAN

(Lat. 33°32′16′′ N, long. 112°22′49′′ W)

That airspace extending upward from the

surface to and including 3,600 feet MSL

within a 4.4-mile radius of the Luke AFB and

within 2.0 miles each side of the Luke

TACAN 220° radial, extending from the 4.4-

mile radius to 5.2 miles southwest of the

Luke TACAN, and excluding that portion

within the Glendale, AZ Class D airspace

area. This Class D airspace area is effective

during the specific dates and times

established in advance by a Notice to

Airmen. The effective date and time will

thereafter be continuously published in the

Airport/Facility Directory.

Issued in Los Angeles, California, on

February 22, 1995.

Richard R. Lien,

Manager, Air Traffic Division, Western-Pacific

Region.

[FR Doc. 95–5642 Filed 3–7–95; 8:45 am]

BILLING CODE 4910–13–M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

14 CFR Part 1262

RIN 2700–AC00

Equal Access to Justice Act in Agency

Proceedings

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: NASA is amending its

regulations under the Equal Access to

Justice Act by updating the definition of

‘‘Adversary Adjudication’’ to conform to

the amendments of 5 U.S.C.

504(b)(1)(C); to delete references to the

NASA Board of Contract Appeals in 14

CFR 1262.307(a), since its functions

have been assumed by the Armed

Services Board of Contract Appeals

pursuant to an interagency

Memorandum of Agreement dated June

28, 1993, and effective July 12, 1993;

and to correct typographical errors in

§§ 1262.104(b)(4) and 1262.309.

EFFECTIVE DATE: March 8, 1995.

FOR FURTHER INFORMATION CONTACT: Sara

Najjar-Wilson, Office of the General

Counsel, 202–358–2465.

SUPPLEMENTARY INFORMATION: NASA

published its final rule, 14 CFR Part

1262, ‘‘Implementation of the Equal

Access to Justice Act in Agency

Proceedings,’’ in the Federal Register on

April 23, 1986 (51 FR 15311). These

changes to the rule are administrative in

nature and do not require a period for

public comment.

NASA has determined that this

regulation is not a major rule as defined

in Executive Order 12866.

This rule is not subject to the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601–612, since

it will not exert a significant economic

impact on a substantial number of small

business entities.

List of Subjects in 14 CFR Part 1262

Claims, Equal access to justice,

Lawyers.

For reasons set forth in the Summary

of the Preamble, 14 CFR Part 1262 is

amended as follows:

PART 1262—EQUAL ACCESS TO

JUSTICE ACT IN AGENCY

PROCEDURES

1. The authority citation of 14 CFR

Part 1262 is revised to read as follows:

Authority: 5 U.S.C. 504; 42 U.S.C.

2473(c)(1).

2. Section 1262.101 is amended by

revising paragraph (b)(1) to read as

follows:

§ 1262.101 Purpose of these rules.

* * * * *

(b) * * *

(1) Adversary adjudication means:

(i) An adjudication under 5 U.S.C. 554

in which the position of the United

States is represented by counsel or

otherwise, but excludes an adjudication

for the purpose of establishing or fixing

a rate or for the purpose of granting or

renewing a license;

(ii) Any appeal of a decision made

pursuant to section 6 of the Contract

Disputes Act (CDA) of 1978, as amended

(41 U.S.C. 605) before an agency board

of contract appeals as provided in

section 8 of the CDA (41 U.S.C. 607);

(iii) Any hearing conducted under

Chapter 38 of Title 31 (added by section

6104 of the Program Fraud Civil

Remedies Act of 1986 (Pub. L. 99–509,

100 Stat. 1948, Oct. 21, 1986), 31 U.S.C.

3801, et seq., as amended); and

(iv) The Religious Freedom

Restoration Act (RFRA) of 1993 (added

by section 4(b), of RFRA (Pub. L. 103–

141, 107 Stat. 1489, Nov. 16, 1993), 42

U.S.C. 2000bb).

* * * * *

3. Section 1262.103 is revised to read

as follows:

§ 1262.103 Proceedings covered.

(a) The Act applies to the following

adversary adjudications conducted by

the Agency:

(1) Adjudications under 5 U.S.C. 554

in which the position of NASA or any

other agency of the United States, or any

component of an agency, is presented by

an attorney or other representative who

enters an appearance and participates in

the proceedings;

(2) Appeals of decisions made

pursuant to section 6 of the Contract

Disputes Act of 1978 (41 U.S.C. 605)

before the Board of Contract Appeals

(BCA) as provided in Section 8 of that

Act (41 U.S.C. 607);

(3) Any hearing conducted under

Chapter 38 of Title 31 (31 U.S.C. 3801,

et seq., as amended); and

(4) Adjudications under the Religious

Freedom Restoration Act of 1993 (42

U.S.C. 2000bb).

(b) The Act does not apply to:

(1) Any proceeding in which this

Agency may prescribe a lawful present

or future rate;

(2) Proceedings to grant or renew

licenses (note, however, that

proceedings to modify, suspend, or

revoke licenses are covered if they are

otherwise adversary adjudications); and

(3) Proceedings which are covered by

a compromise or settlement agreement,

unless specifically consented to in such

agreement.

(c) NASA may also designate a

proceeding as an adversary adjudication

for purposes of the Act by so stating in

an order initiating the proceeding or

designating the matter for hearing. The

Agency’s failure to designate a

proceeding as an adversary adjudication

shall not preclude the filling of an

application by a party who believes the

proceeding is covered by the Act;

whether the proceeding is covered will

then be an issue for resolution in

proceedings on the application.

(d) If a proceeding includes both

matters covered by the Act and matters

specifically excluded from coverage,

any award made will include only fees

and expenses related to covered issues.

4. In Section 1262.104, paragraph

(b)(4), the citation ‘‘12 U.S.C. 1441j(a))’’

is revised to read ‘‘(12 U.S.C. 1141j(a))’’.

5. Section 1262.307 is amended by

revising paragraph (a) introductory text

to read as follows: