Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Proposed Rules 19385

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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 draft

regulatory 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Fokker: Docket 95–NM–29–AD.

Applicability: Model F28 Mark 0100 series

airplanes, as listed in Fokker Service Bulletin

SBF100–30–015, Revision 2, dated January

25, 1995; 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 (c) 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 icing of the No. 1 pitot tube,

which could cause failure of the No. 1 Air

Data Computer (ADC) or output of erroneous

airspeed data to all on-side subsidiary

systems including the Automatic Flight

Control and Augmentation System (AFCAS),

accomplish the following:

(a) Within 30 days after the effective date

of this AD, perform an operational test of the

No. 1 pitot heating system, in accordance

with Part 1 of the Accomplishment

Instructions of Fokker Service Bulletin

SBF100–30–015, Revision 2, dated January

25, 1995.

(1) If the pitot heating system passes the

operational test, accomplish the requirements

of either paragraph (b)(1) or (b)(2) of this AD,

as applicable, at the times specified.

(2) If any pitot tube heating element is

found to be inoperative, prior to further

flight, repair or replace the failed element

with a serviceable element, in accordance

with Fokker 100 Aircraft Maintenance

Manual (AMM).

(b) Replace the pitot head with a new pitot

head, replace the single DC current-sensing

relay with two new DC current sensing

relays, and modify the electrical wiring, in

accordance with Part 2 or 3, as applicable, of

the Accomplishment Instructions of Fokker

Service Bulletin SBF100–30–015, Revision 2,

dated January 25, 1995. Perform these actions

at the time specified in either paragraph

(b)(1) or (b)(2) of this AD, as applicable.

(1) For airplanes that are not equipped

with an Flight Warning System (FWS) speed

comparator: Within 12 months or the next

3,000 hours time-in-service after the effective

date of this AD, whichever occurs first. Or

(2) For airplanes that are equipped with an

FWS speed comparator: Within 24 months or

the next 6,000 hours time-in-service after the

effective date of this AD, whichever occurs

first.

(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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(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.

Issued in Renton, Washington, on April 12,

1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–9470 Filed 4–17–95; 8:45 am]

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UNITED STATES INFORMATION

AGENCY

22 CFR Part 502

[Rulemaking No. 201]

Educational, Scientific, and Cultural

Material; World-Wide Free Flow

(Export-Import) of Audio-Visual

Materials

AGENCY: United States Information

Agency.

ACTION: Proposed rule with request for

comments.

SUMMARY: This proposed rule would

amend existing regulations governing

the United States Information Agency’s

administration of the Agreement for

Facilitating the International Circulation

of Visual and Auditory Materials of an

Educational, Scientific and Cultural

Character, of 1948, by permitting the

issuance of serial certifications in

certain circumstances. The amendment

is needed to reinstate to the regulations

a provision omitted in a previous

revision of the regulations. The

amendment will formalize the practice,

long followed informally, of allowing

for certification of time sensitive

materials in serial format, thus

facilitating the free flow of eligible

materials.

DATES: Written comments on this

proposed rule will be accepted through

or until May 18, 1995 and must be

submitted in duplicate. Late-filled

comments will be considered to the

extent practicable.

ADDRESSES: All comments concerning

these proposed regulations should be

addressed to Neila Sheahan, Assistant

General Counsel, Office of the General

Counsel, Room 700, United States

Information Agency, 301 4th Street SW.,

Washington, DC 20547.

FOR FURTHER INFORMATION CONTACT:

Neila Sheahan, Assistant General

Counsel, Office of the General Counsel,
19386 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Proposed Rules

Room 700, United States Information

Agency, 301 4th Street SW.,

Washington, DC 20547, (202) 619–5030.

SUPPLEMENTARY INFORMATION: The

United States Information Agency

implements and administers the

Agreement for Facilitating the

International Circulation of Visual and

Auditory Materials of an Educational,

Scientific and Cultural Character

(‘‘Beirut Agreement’’), enacted by the

Third General Session of the United

Nations Educational, Cultural and

Scientific Organization (UNESCO), in

Beirut, Lebanon in 1948, 17 U.S.T. 1578.

In order to reconcile the terms of the

Beirut Agreement with recent judicial

decisions and statutory requirements,

the Agency published a notice of

proposed rulemaking on August 12,

1993 (58 FR 42896). After receiving and

considering public comment in

response to this notice of proposed

rulemaking, the Agency published final

regulations at 59 FR 18963 on April 21,

1994. Those regulations made changes

in the substantive criteria by which the

Agency evaluates the character of audio

visual material for certification, and

renumbered the regulations. The

regulations, however, omitted the

provision for serial certifications, a

practice followed informally from 1963

and formally incorporated into Agency

regulations in 1984, at 22 CFR

502.6(b)(6). The provision for serial

certifications was not challenged by

judicial decision; nor was its alteration

or elimination required by statute. This

proposed rule reinstates such provision,

slightly reworded, by adding sections

502.3 (d) and (e).

The provision for serial certification

allows the certification of otherwise

eligible materials that (1) Are produced

in series form (e.g., weekly, bi-weekly,

monthly), (2) are extremely time

sensitive; and therefore the normal

processing of certification decisions

thereon would result in unreasonable

delays and monetary loss to the

producer, and (3) samples are provided

and the educational character of the

future programs can be generally

described before certification and can be

verified by a post-certification review of

the items or through descriptive

material such as a script of the

narration. This provision will therefore

be of benefit to interested parties and

will facilitate the administration of the

program.

To the extent such serial certification

may be deemed a delegation of

administrative authority, the provision

is a valid delegation, as the Agency

retains post-certification review

authority. Such provision is consistent

with relevant judicial precedent. See

United Black Fund, Inc. v. Hampton,

352 F. Supp. 898 (D.D.C. 1972); R.H.

Johnson & Co. v. Securities & Exchange

Comm’n, 198 F.2d. 690 (2nd Cir. 1952);

and United States v. S.A. Empresa de

Viacao Aerea Rio Grandesnse, 467 U.S.

797 (1984). These decisions recognize

the legality of sub-delegations deemed

necessary in agency discretion as

practical methods of accomplishing

agency regulatory functions, as long as

agencies retain ultimate authority to

police compliance.

Regulatory Analysis and Notices

In accordance with 5 U.S.C. 605(5),

the Agency certifies that this rule does

not have a significant adverse economic

impact on a substantial number of small

entities. This rule is not considered to

be a major rule within the meaning of

section 1(b) of Executive Order 12291,

nor does this rule have Federalism

implications warranting the preparation

of a Federalism Assessment in

accordance with Executive Order 12612.

No additional burden under the

Paperwork Reduction Act, 44 U.S.C.

Chapter 35, will result from the

promulgation of this rule. The Agency

will keep the rulemaking docket open

for 30 days. Comments are invited on

the rule through May 18, 1995.

Following the close of the comment

period, the Agency will respond to the

comments and, if appropriate, amend

the rule.

The Agency is inviting public

comment on this proposed rule

notwithstanding that it is under no legal

requirement to do so. Agency

administration of the Beirut Agreement,

an international treaty, is a foreign

affairs function of the United States. The

Administrative Procedure Act, 5 U.S.C.

553 (a)(1), specifically exempts from

application of the Act foreign affairs

functions of the United States. The

thirty-day period for comment provided

for in this notice may not be deemed a

waiver of the foreign affairs exemption

extended to the Agency under the

Administrative Procedure Act.

List of Subjects in 22 CFR Part 502

Audiovisual material, Education,

Exports, Imports, Trade agreements.

For the reasons set out in the

preamble, 22 CFR part 502 is proposed

to be amended as follows:

PART 502—WORLD-WIDE FREE FLOW

OF AUDIO-VISUAL MATERIALS

1. The authority citation for part 502

continues to read as follows:

Authority: 5 U.S.C. 301, 19 U.S.C. 2051, 22

U.S.C. 1431 et seq; Public Law 102–138, E.O.

11311, 31 FR 13413, 3 CFR 1966–1970

comp., page 593.

2. Section 502.2 is proposed to be

amended by adding, in alphabetical

order, a definition for ‘‘serial

certification’’ to read as follows:

§ 502.2 Definitions.

* * * * *

Serial certification—means

certification by the Agency of materials

produced in series form and which, for

time-sensitive reasons, cannot be

reviewed prior to production; but

samples are provided on application,

and the materials are subject to postcertification review.

* * * * *

3. Section 502.3 is proposed to be

amended by adding new paragraphs (d)

and (e) to read as follows:

§ 502.3 Certification and authentication

criteria.

* * * * *

(d) The Agency may certify or

authenticate materials which have not

been produced at the time of application

upon an affirmative determination that:

(1) The materials will be issued

serially,

(2) Representative samples of the

serial material have been provided at

the time of application,

(3) Future titles and release dates have

been provided to the Agency at the time

of application,

(4) The applicant has affirmed that:

(i) Future released materials in the

series will conform to the substantive

criteria for certification delineated at

paragraphs (a)–(c) of this section;

(ii) Such materials will be similar to

the representative samples provided to

the Agency on application; and

(iii) The applicant will provide the

Agency with copies of the items

themselves or descriptive materials for

post-certification review.

(e) If the Agency determines through

a post-certification review that the

materials do not comply with the

substantive criteria for certification

delineated at paragraphs (a)–(c) of this

section, the applicant will no longer be

eligible for serial certifications.

Ineligibility for serial certifications will

not affect an applicant’s eligibility for

certification of materials reviewed prior

to production.

Dated April 12, 1995.

Les Jin,

General Counsel.

[FR Doc. 95–9497 Filed 4–17–95; 8:45 am]

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