Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Rules and Regulations 26781

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

The FAA estimates that 300 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

6 workhours per airplane to accomplish

this action, and that the average labor

rate is approximately $60 an hour. Parts

are estimated to be $160 per airplane.

Based on these figures, the total cost

impact of this AD on U.S. operators is

estimated to be $156,000 or $520 per

airplane. Beech has informed FAA that

no parts have been distributed to

owners/operators for this modification;

therefore, this figure is based on the

assumption that no owners/operators

have accomplished the proposed

inspection and modification.

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 copy of the final

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, 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

adding a new airworthiness directive

(AD) to read as follows:

96–11–12. Beech Aircraft Corporation:

Amendment 39–9637; Docket No. 95–

CE–82–AD.

Applicability: The following Model C90A

Airplanes, certificated in any category, that

are equipped with an optional Beech electric

trim system or a Collins autopilot system:

(1) Serial numbers LJ–1111 through LJ–

1410 that were equipped at manufacture

assembly with a pin-type cable guard

actuator assembly (P/N 33–524023–51) on

the elevator electric trim tab actuator

assembly.

(2) All serial numbers (except LJ–1 through

LJ–1110) equipped with a pin-type cable

guard actuator assembly (P/N 33–524023–51)

installed through field approval.

Note 1: Steps 1 through 4 of the

ACCOMPLISHMENT INSTRUCTIONS

section of Beech Service Bulletin (SB) No.

2631, Issued: June 1995, Revised: September

1995, provide procedures for determining

which assembly is installed.

Note 2: 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 (c) 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 follows, unless

already accomplished:

(1) Within 150 hours time-in-service (TIS)

after the effective date of this AD; or

(2) Upon installation of an optional Beech

elevator electric trim tab system or a Collins

autopilot system, whichever occurs first.

To prevent possible failure of the optional

Beech electric trim system or the Collins

autopilot system, which, if not detected and

corrected, could cause loss of airplane

maneuverability and possible loss of control

of the airplane, accomplish the following:

(a) Modify all elevator electric trim tab

actuator assemblies, part number (P/N) 33–

524023–51 to the P/N 33–524023–77 or P/N

33–524023–79 level, by accomplishing the

procedures in the ACCOMPLISHMENT

INSTRUCTIONS section of Beechcraft

Mandatory Service Bulletin SB No. 2631,

Issued: June 1995, Revised: September 1995.

(b) 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.

(c) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Wichita Aircraft Certification

Office, 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas 67209.

The request shall be forwarded through an

appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, Wichita Aircraft Certification

Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita Aircraft

Certification Office.

(d) The modification required by this AD

shall be done in accordance with Beechcraft

Mandatory Service Bulletin No. 2631, Issued:

June 1995, Revised: September 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 Beech

Aircraft Corporation, P.O. Box 85, Wichita,

Kansas 67201–0085. Copies may be inspected

at the FAA, Central Region, Office of the

Assistant Chief Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri, or at the

Office of the Federal Register, 800 North

Capitol Street, NW., 7th Floor, suite 700,

Washington, DC.

(e) This amendment (39–9637) becomes

effective on June 24, 1996.

Issued in Kansas City, Missouri, on May

22, 1996.

Bobby Sexton,

Action Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 96–13273 Filed 5–28–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 96–ANE–12]

Amendment to Class E Airspace;

Pittsfield, MA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action revises the Class

E airspace area at Pittsfield, MA (PSF)

to provide for adequate controlled

airspace for those aircraft using the GPS

RWY 8 Instrument Approach Procedure

to Pittsfield Municipal Airport.

DATES: Effective 0901 UTC, August 15,

1996.

Comments for inclusion in the Rules

Docket must be received on or before

June 28, 1996.

ADDRESSES: Send comments on the

proposal to: Manager, Operations
26782 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Rules and Regulations

Branch, ANE–530, Federal Aviation

Administration, Docket No. 96–ANE–

12, 12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(617) 238–7530; fax (617) 238–7596.

Comments may also be submitted

electronically to the following Internet

address:

neairspacelcomments@mail.hq.faa.gov

The official docket file may be

examined in the Office of the Assistant

Chief Counsel, New England Region,

ANE–7, Room 401, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone (617) 238–7050; fax

(617) 238–7055.

An informal docket may also be

examined during normal business hours

in the Air Traffic Division, Room 408,

by contacting the Manager, Operations

Branch at the first address listed above.

FOR FURTHER INFORMATION CONTACT:

Joseph A. Bellabona, Operations Branch,

ANE–530.6, Federal Aviation

Administration, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone (617) 238–7536; fax

(617) 238–7596.

SUPPLEMENTARY INFORMATION: A new

Standard Instrument Approach

Procedure to Pittsfield Municipal

Airport, the GPS RWY 8 approach,

requires additional Class E airspace area

at Pittsfield, MA. This action extends

the Class E airspace area at Pittsfield,

MA southwesterly in order to provide

adequate controlled airspace for those

aircraft using the GPS RWY 8

instrument approach. Class E airspace

designations for airspace areas

extending upward from 700 feet above

the surface of the earth are published in

paragraph 6005 of FAA Order 7400.9C,

dated August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in this Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment, and, therefore, issues

it as a direct final rule. The FAA has

determined that this regulation only

involves an established body of

technical regulations for which frequent

and routine amendments are necessary

to keep them operationally current.

Unless a written adverse or negative

comment, or a written notice of intent

to submit an adverse or negative

comment is received within the

comment period, the regulation will

become effective on the date specified

above. After the close of the comment

period, the FAA will publish a

document in the Federal Register

indicating that no adverse or negative

comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a direct final rule, and was not preceded

by a notice of proposed rulemaking,

interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action would be needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 96–ANE–12.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

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.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation (1) is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under Department of

Transportation (DOT) Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979); and (3) does not

warrant preparation of a Regulatory

Evaluation as these routine matters will

only affect air traffic procedures and air

navigation. It is certified that this rule

will not have significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration amends part 71

of the Federal Aviation Regulations (14

CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

Paragraph 6005—Class E Airspace Areas

Extending Upward from 700 Feet or more

Above the Surface of the Earth

* * * * *

ANE MA E5 Pittsfield, MA [Revised]

Pittsfield Municipal Airport, MA

(lat. 42°25′36′′ N, long. 73°17′34′′ W)

That airspace extending upward from 700

feet above the surface within a 4-mile radius

of Pittsfield Municipal Airport, and within

3.9 miles on each side of the Pittsfield

Municipal Airport 244° bearing extending

from the 4-mile radius to 9.1 miles southwest

of Pittsfield Municipal Airport, and within 4

miles on each side of the Pittsfield Municipal

Airport 065° bearing extending from the 4-

mile radius to 16.2 miles northeast of

Pittsfield Municipal Airport; excluding that
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Rules and Regulations 26783

airspace within the Great Barrington, MA,

and Hudson, NY, Class E airspace areas.

* * * * *

Issued in Burlington, MA, on May 28, 1996

David J. Hurley,

Manager, Air Traffic Division, New England

Region.

[FR Doc. 96–13424 Filed 5–28–96; 8:45 am]

BILLING CODE 4910–B–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

15 CFR Part 2011

Implementation of Tariff-Rate Quota for

Imports of Sugar

AGENCY: Office of the United States

Trade Representative (USTR).

ACTION: Final rule.

SUMMARY: This rule makes final the

interim final rule published on October

4, 1990 in the Federal Register

governing certificates of quota eligibility

for imports of sugar, specialty sugar, and

allocations for ‘‘Other Specified

Countries and Areas’’, with a change

responding to comments received on

that interim final rule and with

conforming changes to reflect the entry

into force of the Agreement Establishing

the World Trade Organization (WTO).

EFFECTIVE DATE: May 29, 1996.

ADDRESSES: Office of the United States

Trade Representative, Office of

Agricultural Affairs, 600 17th Street

NW., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:

Thomas Perkins, Senior Economist for

Agricultural Affairs, Room 421, Office of

the United States Trade Representative,

Washington, DC 20506; telephone: (202)

395–6127.

SUPPLEMENTARY INFORMATION: As a result

of the Uruguay Round Agreements,

approved by the Congress in section 101

of the Uruguay Round Agreements Act

(URAA) (Pub. L. 103–465), the United

States has replaced the previous tariffrate quota (TRQ) for imports of certain

sugars, syrups, and molasses with a new

tariff-rate quota provided in Schedule

XX—United States of America annexed

to the Marrakesh Protocol to the General

Agreement on Tariffs and Trade 1994

(GATT 1994). Pursuant to section 111 of

the URAA, the President proclaimed a

number of changes to the Harmonized

Tariff Schedule of the United States

(HTS) to implement the new sugar TRQ

(President Proclamation No. 6763 of

December 23, 1994). The changes

include, among other things, changes in

the HTS item numbers for imports of

sugar, the deletion of notes to the HTS,

and the proclaiming of new notes to the

HTS.

A number of conforming changes

need to be made to the sugar regulations

issued by the United States Trade

Representative (USTR) to reflect these

changes to the HTS. This rule makes

those conforming changes, as well as

some technical and clerical

amendments. Those conforming

changes include correcting the

references to the HTS to reflect the new

HTS item numbers and removing

subpart C as unnecessary in light of the

fact that the allocations under the new

TRQ will be announced annually.

In addition, when the United States

Trade Representative promulgated the

current rule on October 4, 1990 (55 FR

40648), it did so as an interim rule and

invited public comments. This rule

includes an amendment to the

definition of specialty sugar in response

to the comments received.

Summary of Issues Raised by Public

Comments

Four public comments were received.

Specialty Sugars

One commenter requested that certain

edible sugar decorations be added to the

list of products eligible for potential

treatment as ‘‘specialty sugars.’’

Pursuant to this public comment, this

final rule adds to that list sugar

decorations. Two informal comments

that were received after the December 4,

1990, deadline requested that various

other specified sugar products be added

to the list of products eligible for

treatment as ‘‘specialty sugars.’’ The

Office of the United States Trade

Representative, responding to these

written comments, has added to the list:

golden granulated sugar, muscovado,

molasses sugar and sugar cubes. The

United States Trade Representative has

determined that these specific items are

appropriate because they represent

specialty sugars within the normal

commerce of the United States.

The United States Trade

Representative also has determined that

it is appropriate to provide in the

definition for other forms of sugar

determined by the United States Trade

Representative to be specialty sugar

products within the normal commerce

of the United States.

Another commenter requested that

rock candy be removed from the list of

products which are eligible for potential

treatment as specialty sugar. The

commenter’s suggestion was not

adopted primarily because rock candy

appears to qualify as specialty sugar.

Reallocation of Quota Shortfalls

Finally, a commenter suggested that

the rule contain a provision that if a

country were not fully utilizing its

allocation under the tariff-rate quota,

then that country’s allocation would be

automatically reallocated to other

countries. The commenter’s suggestion

was not adopted in the final rule

because a general provision to that effect

is unnecessary given alternative means

by which unused allocations may be

reallocated on a case-by-case bais when

appropriate. Moreover, the HTS

authorizes the USTR, in consultation

with the Secretaries of State and

Agriculture, to modify or suspend a

country’s allocation for the remainder of

a quota year whenever he or she

determines that a country will not be

filling such allocation and he or she

finds that such action is appropriate to

carry out the rights or obligations of the

United States under any international

agreement to which the United States is

a party or is appropriate to promote the

economic interests of the United States.

Review

This rule has been determined to be

a ‘‘significant regulatory action’’ under

Executive Order 12866.

Pursuant to the Unfunded Mandates

Reform Act of 1995, USTR has assessed

the effects of this rulemaking action on

state, local, and tribal governments, and

the private sector. This action does not

compel the expenditure of $100 million

or more by any state, local, or tribal

government, or by anyone in the private

sector, and therefore a statement under

section 202 of the Act is not required.

Pursuant to the Paperwork Reduction

Act of 1980, the Office of Management

and Budget has approved the

information collection requirements

imposed by this rule under Office of

Management and Budget control

number 0551–0014. Comments on any

burden resulting from the information

collection requirements of this

regulation may be forwarded to: Desk

Officer for Agriculture, Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503. These programs

are not subject to the provisions of

Executive Order 12372 which required

intergovernmental consultation with

State and local officials.

No regulatory flexibility analysis is

required for this rule since neither 5

U.S.C. 553 nor any other provision of

law requires publication of a general

notice of proposed rulemaking with

respect to this rule. However, the United

States Trade Representative has also

determined that the rule will not have