28498 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

been eliminated, the request should include

specific proposed actions to address it.

Note 2: Model A300–600 series airplanes

are not subject to the requirements of this

AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent stress corrosion cracking in the

longitudinal lap joints of the fuselage, which

could result in rapid depressurization of the

airplane, accomplish the following:

Note 3: Any of the inspections and

measurements required by this AD that were

performed before the effective date of this AD

in accordance with Airbus All Operator

Telex (AOT) 53–05 (original issue), dated

August 16, 1995, are considered acceptable

for compliance with the applicable

requirements of this AD.

(a) Within 60 days after the effective date

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

(a)(2) of this AD in accordance with Airbus

All Operator Telex (AOT) 53–05, Revision 1,

dated August 16, 1993.

(1) Measure the thickness of the inner skin

of the longitudinal lap joint from the inside

of the fuselage at stringer 57 between frames

65 and 72 using the ultrasonic thickness

measurement method, in accordance with the

AOT. If the thickness is less than or equal to

the limits specified in the AOT, prior to

further flight, repair the longitudinal lap joint

in accordance with a method approved by

the Manager, Standardization Branch, ANM–

113, FAA, Transport Airplane Directorate.

(2) Perform a high frequency eddy current

(HFEC) inspection to detect cracking of the

longitudinal lap joint at stringer 57 between

frames 65 and 72, in accordance with the

AOT. If any cracking is detected, prior to

further flight, repair the longitudinal lap joint

in accordance with a method approved by

the Manager, Standardization Branch, ANM–

113.

(b) Within 6 months after the effective date

of this AD, accomplish paragraphs (b)(1) and

(b)(2) of this AD in accordance with Airbus

AOT 53–05, Revision 1, dated August 16,

1993.

(1) Measure the thickness of the inner skin

of the longitudinal lap joint from the inside

of the fuselage at stringer 52 (left-and righthand) between frames 58 and 65 using the

ultrasonic thickness measurement method, in

accordance with the AOT. If the thickness is

less than or equal to the limits specified in

the AOT, prior to further flight, repair the

longitudinal lap joint in accordance with a

method approved by the Manager,

Standardization Branch, ANM–113.

(2) Perform a HFEC inspection to detect

cracking of the longitudinal lap joint at

stringer 52 (left- and right-hand) between

frames 58 and 65, in accordance with the

AOT. If any cracking is detected, prior to

further flight, repair the longitudinal lap joint

in accordance with a method approved by

the Manager, Standardization Branch, ANM–

113.

(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.

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 4: 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.

(e) The measurements and inspections

shall be done in accordance with Airbus All

Operator Telex (AOT) 53–05, Revision 1,

dated August 16, 1993. 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 Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. 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.

(f) This amendment becomes effective on

July 10, 1996.

Issued in Renton, Washington, on May 28,

1996.

Bill R. Boxwell,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–13798 Filed 6–4–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 95–NM–133–AD; Amendment

39–9643; AD 96–12–01]

RIN 2120–AA64

Airworthiness Directives; Jetstream

Model 4101 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Jetstream Model

4101 airplanes, that requires

replacement of the flexible cables of the

power and condition controls of the

engines with new flexible cables. This

amendment also requires installation of

protective tape on the outside case of

these flexible cables, and

reidentification of the cables. This

amendment is prompted by reports of

stiff operation of the power and

condition controls of the engines due to

heat damage to and moisture

contamination of the flexible cable. The

actions specified by this AD are

intended to prevent heat damage and

moisture contamination to the flexible

cable, which could result in stiff

operation of the power and condition

controls and subsequent reduced engine

control.

DATES: Effective July 10, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 10,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from Jetstream Aircraft, Inc., P.O. Box

16029, Dulles International Airport,

Washington, DC 20041–6029. 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:

William Schroeder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2148; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Jetstream

Model 4101 airplanes was published in

the Federal Register on December 19,

1995 (60 FR 65258). That action

proposed to require replacement of the

flexible cables of power and condition

controls of the engines with new

flexible cables. The action also proposed

to require installation of protective tape

on the outside case of the new flexible

cables of the power and condition

controls of the engines, and

reidentification of the assembly number

of the cable.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Request to Provide Additional

Terminating Action

One commenter requests that the FAA

revise the proposal to require the

accomplishment of the actions

described in Jetstream Service Bulletin

J41–76–013 () (Modification JM41485A),

as interim action only. The commenter

states that the flexible cables associated

with the proposed action have a life

limit of 6,000 hours time-in-service, and

have not demonstrated reliability

warranting an escalation of this limit.

Instead, the commenter requests that the

proposal be revised to include a
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28499

requirement to accomplish the actions

described in Jetstream Service Bulletin

SB J41–76–014 () (Modification

JM41478), as the terminating action. The

new improved flexible cable, which is

associated with Modification JM41478,

holds the promise of eventually

qualifying for an escalation of its life

limit to 12,000 hours time-in-service.

The FAA does not concur with the

commenter’s request to revise the AD.

The FAA has determined that

accomplishment of the procedures

specified in Jetstream Service Bulletin

J41–76–013, as proposed, adequately

addresses the identified unsafe

condition by preventing heat damage

and moisture contamination to the

flexible cables.

The FAA recognizes that some

operators previously may have elected

to accomplish Modification JM41478,

which the FAA considers to address the

identified unsafe condition adequately

as well. However, the FAA points out

that this AD is applicable only to Model

4101 airplanes on which Modification

JM41478 or JM41485A has not been

installed. Therefore, those airplanes are

not subject to the requirements of this

AD.

Request to Require Marking of Part

Numbers

This commenter also requests that the

FAA revise the proposal to require

marking part numbers on the two types

of engine control cables (Modifications

JM414485A and JM41478) after

installation of the cables. The

commenter states that routing during

installation of the cables requires

removal of all identification bands,

making verification in the absence of

good recordkeeping virtually

impossible.

The FAA does not consider a revision

to be necessary. The FAA points out

that paragraph (a)(2) of the final rule

already requires reidentification of the

assembly number of the cable. Since

this AD does not require Modification

JM41478, as stated previously, the FAA

finds that including a requirement for

such a marking need not be specified in

this final rule.

Request to Revise Cost Impact

Information

This same commenter asserts that the

cost estimate presented in the preamble

of the proposal was incorrect. The

commenter notes that the FAA estimates

that 25 airplanes of U.S. registry would

be affected by this proposed AD;

however, the commenter states that it

currently operates 25 airplanes of U.S.

registry, and knows that there are

additional U.S. operators.

In addition, the commenter states that

the required modification would

necessitate 39 work hours, rather than

the 11 work hours specified in the

proposal.

After considering the data presented

by the commenter, the FAA concurs that

the number of U.S.-registered airplanes

affected by the AD, and the number of

necessary work hours, are higher than

approximated previously. The FAA has

revised the cost impact information,

below, accordingly.

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, with the changes

to the cost impact information described

previously. The FAA has determined

that these changes will neither

significantly increase the economic

burden on any operator nor increase the

scope of the AD.

Cost Impact

The FAA estimates that 44 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 39

work hours per airplane to accomplish

the required actions, and that the

average labor rate is $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

of the AD on U.S. operators is estimated

to be $102,960, or $2,340 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 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–12–01 Jetstream Aircraft Limited:

Amendment 39–9643. Docket 95–NM–

133–AD.

Applicability: Model 4101 airplanes on

which Jetstream Modification JM41478 or

JM41485A has not been installed, 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 heat

damage and moisture contamination to the

flexible cable, which could result in stiff

operation of the power and condition

controls and subsequent reduced engine

control, accomplish the following:

(a) Within 6 months after the effective date

of this AD, accomplish the requirements of

paragraphs (a)(1) and (a)(2) of this AD, in

accordance with Jetstream Service Bulletin

J41–76–013, dated May 5, 1995. Both

requirements must be accomplished at the

same time.

(1) Replace the flexible cables of power and

condition controls of the left and right
28500 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

engines with new flexible cables, in

accordance with paragraphs 2.B. and 2.C. of

the Accomplishment Instructions of the

service bulletin; and

(2) Install protective tape on the outside

case of the new flexible cables of the power

and condition controls of the left and right

engines; and reidentify the assembly number

of the cable; in accordance with paragraph

2.D. of the Accomplishment Instructions of

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,

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.

(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 replacement, installation, and

reidentification shall be done in accordance

with Jetstream Service Bulletin J41–76–013,

dated May 5, 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 Jetstream Aircraft, Inc., P.O.

Box 16029, Dulles International Airport,

Washington, DC 20041–6029. 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

July 10, 1996.

Issued in Renton, Washington, on May 28,

1996.

Bill R. Boxwell,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–13797 Filed 6–4–96; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 12 and 178

[T.D. 96–46]

RIN 1515–AB96

Removal of Toshiba Sanction

Regulations

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations by removing the

regulatory provisions that implemented

the import sanctions against all

products produced by the Toshiba

Machine Company and the Kongsberg

Trading Company. The ‘‘Toshiba

Sanctions’’ were imposed by Executive

Order No. 12661 for a three year time

period, which expired on December 28,

1991.

EFFECTIVE DATE: June 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Louis Alfano, Office of Field

Operations, Trade Compliance,

Commercial Enforcement, (202) 927–

0005.

SUPPLEMENTARY INFORMATION:

Background

As part of Customs continuing effort

to ensure that its regulations are

informative and up-to-date, Customs has

determined that four of its regulatory

provisions in Part 12 of the Customs

Regulations (19 CFR Part 12) are

obsolete and should be removed. The

regulatory sections are found at 19 CFR

12.140–143, Customs Regulations, and

were promulgated to implement the

import sanctions mandated by section

2443(a)(2) of the Omnibus Trade and

Competitiveness Act of 1988 (Pub.L.

100–418, 102 Stat. 1107, 1365, 50 U.S.C.

App. 2410a note) and imposed by

Executive Order No. 12661 of December

27, 1988 (53 FR 779, 3 CFR part 1988

Comp. p. 618, 24 Weekly

Comp.Pres.Doc. 1661) for a three year

time period against all products

produced by the Toshiba Machine

Company and the Kongsberg Trading

Company. As the three year time period

expired on December 28, 1991, Customs

has decided to remove these four

obsolete regulatory provisions,

commonly referred to as the ‘‘Toshiba

Sanctions’’. Also, because the Toshiba

Sanction regulations required the

submission of information to Customs,

the listing of Office of Management and

Budget (OMB) control numbers found at

19 CFR 178.2 is amended to remove the

information collection authorization for

§ 12.143, which provided for

declarations of exception from import

sanctions.

Inapplicability of Public Notice and

Comment Requirements, Delayed

Effective Date Requirements, the

Regulatory Flexibility Act, and

Executive Order 12866

Because this amendment removes

obsolete regulatory provisions to

conform the Customs Regulations to

current legal requirements, which have

no substantive effect on the public,

pursuant to 5 U.S.C. 553 (b)(B), good

cause exists for dispensing with notice

and public procedure thereon as

unnecessary. For the same reasons, it is

determined under the provisions of 5

U.S.C. 553(d)(1) and (d)(3) that good

cause exists for dispensing with a

delayed effective date. Since this

document is not subject to the notice

and public procedure requirements of 5

U.S.C. 553, it is not subject to 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

19 CFR Part 12

Customs duties and inspection,

Economic sanctions, Imports, Licensing,

Prohibited merchandise, Restricted

merchandise, Reporting and

recordkeeping requirements, Sanctions,

Seizure and forfeiture.

19 CFR Part 178

Administrative practice and

procedure, Exports, Imports, Reporting

and recordkeeping requirements.

Amendments to the Regulations

For the reasons stated above, parts 12

and 178 of the Customs Regulations (19

CFR parts 12 and 178) are amended as

set forth below:

PART 12—SPECIAL CLASSES OF

MERCHANDISE

1. The general authority citation for

Part 12 continues to read as follows, and

the specific authority citation for

§§ 12.140 through 12.143 is removed:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202

(General Note 20, Harmonized Tariff

Schedule of the United States (HTSUS)),

1624;

* * * * *

2. Part 12 is amended by removing the

undesignated centerheading ‘‘Sanctions

Against Toshiba Machine Company and

Kongsberg Trading Company’’ and

§§ 12.140 through 12.143.

PART 178—APPROVAL OF

INFORMATION COLLECTION

REQUIREMENTS

1. The authority citation for part 178

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44

U.S.C. 3501 et seq.