25558 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations

the worldwide fleet. The FAA estimates

that 1,000 airplanes of U.S. registry will

be affected by this AD, that it will take

approximately 8 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be

$480,000, or $480 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

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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–11–04 McDonnell Douglas: Amendment

39–9629. Docket 95–NM–185–AD.

Applicability: Model DC–9–10, –20, –30,

–40, and –50 series airplanes; Model DC–9–

81 (MD–81), –82 (MD–82), –83 (MD–83), –87

(MD–87) series airplanes; Model MD–88

airplanes; and C–9 (military) series airplanes;

as listed in McDonnell Douglas Service

Bulletin DC9–53–268, dated August 11, 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

otherwise 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 (b) 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 prevent water accumulation in the slant

pressure panel area, which could result in

the failure of the flaps or landing gear to

properly extend or retract, accomplish the

following:

(a) Within 24 months after the effective

date of this AD, accomplish paragraphs (a)(1)

and (a)(2) of this AD, in accordance with

McDonnell Douglas Service Bulletin DC9–

53–268, dated August 11, 1995.

(1) Modify the slant panel insulation

blankets on the slant pressure panel of the

main landing gear.

(2) Perform a visual inspection to detect

discrepancies (i.e., defects and constant gap)

of the left and right seal assemblies of the

overwing emergency exit door. If any

discrepancy is detected, prior to further

flight, replace door seal in accordance with

the service bulletin.

(b) 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.

(c) 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.

(d) The modification, inspection, and

replacement shall be done in accordance

with McDonnell Douglas Service Bulletin

DC9–53–268, dated August 11, 1995. 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, Los Angeles Aircraft Certification

Office, Transport Airplane Directorate, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(e) This amendment becomes effective on

June 26, 1996.

Issued in Renton, Washington, on May 14,

1996.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–12600 Filed 5–21–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–162–AD; Amendment

39–9628; AD 96–11–03]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747–200, –300, and –400 Series

Airplanes Equipped With General

Electric Model CF6–80C2 PMC and

CF6–80C2 FADEC Engines, and Pratt &

Whitney Model PW4000 Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Boeing Model 747–

200, –300, and –400 series airplanes,

that currently requires inspection of

each fuel feed line of the outboard

engine in the engine strut to determine

if interference with an adjacent

pneumatic duct clamp has caused

damage, and repair or replacement of

the fuel feed tube, if necessary. That AD

also currently requires inspection and

replacement of the adjacent pneumatic

duct clamp with a non-rotating type

clamp, if necessary. This amendment

requires modification of the upper gap

area of the strut of the number 1 and 4

engines. This amendment is prompted

by a report of fuel leakage in the strut

of the number 4 engine due to a high

profile clamp that chafed the fuel line.

The actions specified by this AD are

intended to prevent chafing of the fuel

line in the strut of the number 1 and 4
Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations 25559

engines, which could result in rupture

of the fuel line and subsequent in-flight

engine fire.

DATES: Effective June 26, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 26,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. 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:

Kenneth W. Frey, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington; telephone (206) 227–2673;

fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 91–05–19,

amendment 39–6918 (56 FR 8705,

March 1, 1991), which is applicable to

certain Boeing Model 747–200, –300,

and –400 series airplanes, was

published in the Federal Register on

January 29, 1996 (61 FR 2730). The

action proposed to supersede AD 91–

05–19 to require modification of the

upper gap area of the strut of the

number 1 and 4 engines.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the two

comments received.

Both commenters support the

proposed rule.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 363 Boeing

Model 747–200, –300, –400 series

airplanes equipped with General

Electric Model CF6–80C2 PMC and

CF6–80C2 FADEC engines, and Pratt &

Whitney Model PW4000 engines of the

affected design in the worldwide fleet.

The FAA estimates that 39 airplanes of

U.S. registry will be affected by this AD.

The actions that are required by this

AD will take approximately 6 work

hours per airplane to accomplish, at an

average labor rate of $60 per work hour.

Required parts will be supplied by the

manufacturer at no cost to the operators.

Based on these figures, the cost impact

on U.S. operators of the new

requirements of this AD is estimated to

be $14,040, or $360 per airplane.

The cost impact figures discussed

above are 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

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

removing amendment 39–6918 (56 FR

8705, March 1, 1991), and by adding a

new airworthiness directive (AD),

amendment 39–9628, to read as follows:

96–11–03 Boeing: Amendment 39–9628.

Docket 95–NM–162–AD. Supersedes AD

91–05–19, Amendment 39–6918.

Applicability: Model 747–200, –300, and

–400 series airplanes having line positions

679 through 1041 inclusive; equipped with

General Electric Model CF6–80C2 PMC and

CF6–80C2 FADEC, and Pratt & Whitney

Model PW4000 engines; 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 (b) 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 prevent chafing of the fuel line in the

strut of the number 1 and 4 engines, which

could result in rupture of the fuel line and

subsequent in-flight engine fire, accomplish

the following:

(a) Within 6 months after the effective date

of this AD, modify the upper gap area of the

strut of the number 1 and 4 engines, in

accordance with Boeing Service Bulletin

747–36A2097, Revision 3, dated September

28, 1995.

(b) 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, Seattle

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, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(c) 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.

(d) The modification shall be done in

accordance with Boeing Service Bulletin

747–36A2097, Revision 3, dated September

28, 1995. 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 Boeing Commercial Airplane Group,
25560 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations

1See Guides for the Luggage and Related

Products Industry, 16 CFR Part 24; Guides for Shoe

Content Labeling and Advertising, 16 CFR Part 231;

and Guides for the Ladies’ Handbag Industry, 16

CFR Part 247.

2The comments were submitted by Larry E.

Gundersen (1), a consumer, and Humphreys Inc.

(2), a manufacturer of leather belts.

3 Gundersen (1).

4Humphreys Inc. (2).

5This comment was submitted by Luggage and

Leather Goods Manufacturers of America, Inc.

(LLGMA). The comment also expressed no

objection to the inclusion of belts in the Guides for

Select Leather and Imitation Leather Products and

stated that LLGMA would publish the Guides in its

magazine when they are adopted.

P.O. Box 3707, Seattle, Washington 98124–

2207. 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.

(e) This amendment becomes effective on

June 26, 1996.

Issued in Renton, Washington, on May 14,

1996.

S.R. Miller,

Acting Manager,Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–12599 Filed 5–21–96; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR Part 405

Trade Regulation Rule on Misbranding

and Deception as to Leather Content of

Waist Belts

AGENCY: Federal Trade Commission.

ACTION: Final rule.

SUMMARY: The Federal Trade

Commission announces the removal of

the Trade Regulation Rule concerning

Misbranding and Deception as to

Leather Content of Waist Belts (Leather

Belt Rule or Rule), 16 CFR Part 405. The

Commission has reviewed the

rulemaking record and determined that

the Leather Belt Rule is no longer

necessary. The proposed Guides for

Select Leather and Imitation Leather

Products will cover belts and the

benefits of the Rule are retained through

the inclusion of belts in the proposed

Guides. Repealing the Leather Belt Rule

eliminates unnecessary duplication.

Further, if necessary, the Commission

can address misrepresentations

involving leather belts on a case-by-case

basis, administratively under Section 5

of the Federal Trade Commission Act

(FTC Act), 15 U.S.C. 45, or through

enforcement actions under Section

13(b), 15 U.S.C. 53(b), in federal district

court. Such actions can provide

additional guidance to industry

members on what practices are unfair or

deceptive.

EFFECTIVE DATE: May 22, 1996.

ADDRESSES: Requests for copies of the

Statement of Basis and Purpose should

be sent to the FTC’s Public Reference

Branch, Room 130, 6th Street and

Pennsylvania Avenue, N.W.,

Washington, D.C. 20580; (202) 326–

2222; TTY for the hearing impaired

(202) 326–2502.

FOR FURTHER INFORMATION CONTACT:

Lemuel Dowdy or Edwin Rodriguez,

Attorneys, Federal Trade Commission,

Division of Enforcement, Bureau of

Consumer Protection, Sixth Street and

Pennsylvania Avenue, NW, Washington,

DC 20580, (202) 326–2981 or (202) 326–

3147.

SUPPLEMENTARY INFORMATION:

Statement of Basis and Purpose

I. Background

The Trade Regulation Rule

concerning Misbranding and Deception

as to Leather Content of Waist Belts, 16

CFR Part 405, was promulgated on June

27, 1964, to remedy deceptive practices

involving misrepresentations about the

leather content of waist belts that are

not offered for sale as part of a garment.

The Rule prohibits representations that

belts are made from the hide or skin of

an animal when such is not the case, or

that belts are made of a specified animal

hide or skin when such is not the case.

In addition, the Rule requires that belts

made of split leather, and ground,

pulverized or shredded leather bear a

label or tag disclosing the kind of

leather of which the belt is composed.

The Rule also requires that non-leather

belts having the appearance of leather

bear a tag or label disclosing their

composition or disclosing that they are

not leather.

As part of its continuing review of its

trade regulation rules to determine their

current effectiveness and impact, the

Commission published a Federal

Register notice on March 27, 1995, 60

FR 15725, asking questions about the

benefits and burdens of the Rule to

consumers and industry. On the same

date, the Commission published a

Federal Register notice, 60 FR 15724,

soliciting comment on its Industry

Guides for luggage, shoes, and ladies’

handbags.1 After reviewing the

comments received in response to these

two notices, on September 18, 1995, the

Commission published an Advance

Notice of Proposed Rulemaking (ANPR)

seeking comment on its proposal to

repeal the Leather Belt Rule, 60 FR

48070. On the same day, the

Commission published two other

notices, one announcing the rescission

of the three separate guides for luggage,

shoes, and handbags, 60 FR 48027, and

the second seeking comment on one set

of proposed, consolidated guidelines,

entitled the Guides for Select Leather

and Imitation Leather Products, 60 FR

48056. The ANPR proposing the repeal

of the Rule stated that, because the

proposed Guides would cover belts, the

Commission had tentatively determined

that a separate Leather Belt Rule was no

longer necessary.

The Commission received two

comments in response to the ANPR.2

One of these comments supported

retention of the existing Leather Belt

Rule because the commenter believed

that rescission of the Rule may decrease

the accuracy of the labeling of waist

belts.3 The other comment supported

consolidating the Rule into one set of

guidelines governing disclosures of the

content of leather products.4

After reviewing the comments

submitted, on March 5, 1996, the

Commission published a Notice of

Proposed Rulemaking (NPR), 61 FR

8499, initiating a rulemaking proceeding

to consider whether the Leather Belt

Rule should be repealed or remain in

effect. The Commission stated it would

hold a public hearing for the

presentation of testimony, if there was

interest. No one requested that the

Commission hold a hearing. In response

to the NPR, the Commission received

one comment, which expressed no

objection to the repeal of the Leather

Belt Rule.5

II. Basis for Repeal of Rule

The Commission has decided to

repeal the Leather Belt Rule for the

reasons discussed in the NPR. In sum,

the Commission has determined that the

benefits of the Rule are retained through

the inclusion of belts in the proposed

Guides for Select Leather and Imitation

Leather Products. While repealing the

Rule would eliminate the Commission’s

ability to obtain civil penalties for any

future misrepresentations of the leather

content of belts, the Commission has

determined that this action would not

seriously jeopardize the Commission’s

ability to act effectively to prevent the

mislabeling of leather belts. Any

significant problems that might arise

could be addressed on a case-by-case

basis, administratively under Section 5

of the FTC Act, 15 U.S.C. 45, or through

enforcement actions under Section

13(b), 15 U.S.C. 53(b), in federal district

court. Prosecuting serious or knowing

misrepresentations in district court

allows the Commission to seek

injunctive relief as well as equitable