28730 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

through (4) of this section. In addition,

any person applying for employment

with the FDIC shall provide as an

attachment to the certification any

instance in which the applicant, or a

company under the applicant’s control,

defaulted on a material obligation to an

insured depository institution within

the preceding five years.

(c) Incumbent employees who

separate from the FDIC and are

subsequently reappointed after a break

in service of more than three days are

subject to the minimum standards listed

in paragraphs (a)(1) though (4) of this

section. The former employee is

required to submit a new certification

statement including attachments, as

provided in paragraph (b) of this

section, prior to appointment to the new

position.

§ 336.5 Minimum standards for

employment with the FDIC.

(a) No person who is employed by the

FDIC shall continue in employment in

any manner whatsoever or perform any

service for or on behalf of the FDIC who,

beginning June 18, 1994 and thereafter:

(1) Is convicted of any felony;

(2) Is prohibited from participating in

the affairs of any insured depository

institution pursuant to any final

enforcement action by any appropriate

federal banking agency;

(3) Demonstrates a pattern or practice

of defalcation regarding obligations to

insured depository institution(s); or

(4) Causes a substantial loss to federal

deposit insurance funds.

(b) Any noncompliance with the

standards listed in paragraphs (a)(1)

through (4) of this section is a basis for

removal from employment with the

FDIC.

§ 336.6 Verfication of compliance.

The FDIC’s Division of

Administration shall order appropriate

investigations as authorized by 12

U.S.C. 1819 and 1822 on newly

appointed employees, either prior to or

following appointment, to verify

compliance with the minimum

standards listed under § 336.4(a)(1)

through (4).

§ 336.7 Employee responsibility,

counseling and distribution of regulation.

(a) Each employee is responsible for

being familiar with and complying with

the provisions of this part.

(b) The Ethics Counselor shall provide

a copy of this part to each new

employee within 30 days of initial

appointment.

(c) An employee who believes that he

or she may not be in compliance with

the minimum standards provided under

§ 336.5(a)(1) through (4), or who

receives a demand letter from the FDIC

for any reason, shall make a written

report of all relevant facts to the Ethics

Counselor within ten (10) business days

after the employee discovers the

possible noncompliance, or after the

receipt of a demand letter from the

FDIC.

(d) The Ethics Counselor shall

provide guidance to employees

regarding the appropriate statutes,

regulations and corporate policies

affecting employee’s ethical

responsibilities and conduct under this

part.

(e) The Ethics Counselor shall provide

the Personnel Services Branch with

notice of an employee’s noncompliance.

§ 336.8 Sanctions and remedial actions.

(a) Any employee found not in

compliance with the minimum

standards except as provided in

paragraph (b) of this section below shall

be terminated and prohibited from

providing further service for or on

behalf of the FDIC in any capacity. No

other remedial action is authorized for

sanctions for noncompliance.

(b) Any employee found not in

compliance with the minimum

standards under § 336.5(a)(3) based on

financial irresponsibility as defined in

§ 336.3(i)(1) shall be terminated

consistent with applicable procedures

and prohibited from providing future

services for or on behalf of the FDIC in

any capacity, unless the employee

brings him or herself into compliance

with the minimum standards as

provided in paragraphs (b)(1) and (2) of

this section.

(1) Upon written notification by the

Corporation of financial irresponsibility,

the employee will be allowed a

reasonable period of time to establish an

agreement that satisfies the creditor and

the FDIC as to resolution of outstanding

indebtedness or otherwise resolves the

matter to the satisfaction of the FDIC

prior to the initiation of a termination

action.

(2) As part of the agreement described

in paragraph (b)(1) of this section, the

employee shall provide authority to the

creditor to report any violation by the

employee of the terms of the agreement

directly to the FDIC Ethics Counselor.

§ 336.9 Finality of determination.

Any determination made by the FDIC

pursuant to this part shall be at the

FDIC’s sole discretion and shall not be

subject to further review.

By order of the Board of Directors.

Dated at Washington, D.C. this 14th day of

May 1996.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Deputy Executive Secretary.

[FR Doc. 96–14001 Filed 6–5–96; 8:45 am]

BILLING CODE 6714–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–23–AD; Amendment 39–

9645; AD 96–12–03]

RIN 2120–AA64

Airworthiness Directives; Aviat

Aircraft, Inc. Models S–1S, S–1T, S–2,

S–2A, S–2S, and S–2B Airplanes

(Formerly Known as Pitts Models S–

1S, S–1T, S–2, S–2A, S–2S, and S–2B

Airplanes)

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Aviat Aircraft, Inc.

(Aviat) Models S–1S, S–1T, S–2, S–2A,

S–2S, and S–2B airplanes that are

equipped with aft lower fuselage wing

attach fittings incorporating either part

number (P/N) 76090, 2–2107–1, or 1–

210–102. This action requires

repetitively inspecting the aft lower

fuselage wing attach fitting on both

wings for cracks and modifying any

cracked aft lower fuselage wing attach

fitting. Modifying the aft lower fuselage

wing attach fitting on both wings

eliminates the repetitive inspection

requirement of the AD. Several reports

of cracked fuselage wing attach fittings

on the affected airplanes prompted this

action. The actions specified by this AD

are intended to prevent possible inflight separation of the wing from the

airplane caused by a cracked fuselage

wing attach fitting.

DATES: Effective June 24, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 24,

1996.

Comments for inclusion in the Rules

Docket must be received on or before

August 9, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 96–CE–23–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28731

Service information that applies to

this AD may be obtained from Aviat

Aircraft, Inc., P.O. Box 1240 (postal

service delivery), 672 South Washington

Street (express mail), Afton, Wyoming

83110. This information may also be

examined at the FAA, Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 96–CE–23–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Roger Caldwell, Aerospace Engineer,

FAA, Denver Aircraft Certification

Office, 5440 Roslyn Street, suite 133,

Denver, Colorado 80216; telephone

(303) 286–5683; facsimile (303) 286–

5689.

SUPPLEMENTARY INFORMATION:

Events Leading to the AD

The FAA has received 11 reports of

the aft lower fuselage wing attach

fittings cracking on Aviat Models S–1S,

S–1T, S–2, S–2A, S–2S, and S–2B

airplanes. Five of these incidents were

reported on in-service airplanes and six

were found defective during Aviat’s inhouse manufacturing process. Each of

the cracked aft lower fuselage wing

attach fittings incorporate either part

number (P/N) 76090, P/N 2–2107–1, or

P/N 1–210–102. If not detected and

corrected, a cracked aft lower fuselage

wing attach fitting could lead to inflight separation of the wing from the

airplane.

Further analysis of the design of the

P/N 76090, 2–2107–1, and 1–210–102

aft lower fuselage wing attach fittings

reveals a bend radius that could reduce

the fatigue life and subsequently make

the parts more susceptible to cracking.

Aviat started manufacturing airplanes in

1990 with aft lower fuselage wing attach

fittings with a larger bend radius. The

FAA has received no reports of cracking

on airplanes incorporating attach

fittings that incorporate this larger bend

radius design.

Aviat has issued Service Bulletin (SB)

No. 25, dated April 3, 1996, which

specifies procedures for inspecting and

modifying the aft lower fuselage wing

attach fittings incorporating either P/N

76090, 2–2107–1, and 1–210–102.

After examining the circumstances

and reviewing all available information

related to the incidents described above,

the FAA has determined that AD action

should be taken to prevent possible inflight separation of the wing from the

airplane caused by a cracked fuselage

wing fitting.

Explanation of the Provisions of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Aviat Models S–1S, S–

1T, S–2, S–2A, S–2S, and S–2B

airplanes of the same type design that

are equipped with aft lower fuselage

wing attach fittings incorporating either

P/N 76090, 2–2107–1, or 1–210–102,

this AD requires repetitively inspecting

the aft lower fuselage wing attach fitting

on both wings for cracks, and modifying

any cracked aft lower fuselage wing

attach fitting. Modifying the aft lower

fuselage wing fitting on both wings

eliminates the repetitive inspection

requirement of this AD.

Accomplishment of the required actions

is in accordance with Aviat SB No. 25,

dated April 3, 1996.

Since a situation exists (possible inflight separation of the wing from the

airplane) that requires the immediate

adoption of this regulation, it is found

that notice and opportunity for public

prior comment hereon are

impracticable, and that good cause

exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting immediate flight safety and,

thus, was not preceded by notice and

opportunity to comment, comments are

invited on this rule. 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

above. All communications received on

or before the closing date for comments

will be considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

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 AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 96–CE–23–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and is not a significant regulatory action

under Executive Order 12866. It has

been determined further that this action

involves an emergency regulation under

DOT Regulatory Policies and Procedures

(44 FR 11034, February 26, 1979). If it

is determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket

(otherwise, an evaluation is not

required). A copy of it, if filed, may be

obtained from the Rules Docket.

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:

96–12–03 Aviat Aircraft, Inc.: Amendment

39–9645; Docket No. 96–CE–23–AD.

Applicability: Models S–1S, S–1T, S–2, S–

2A, S–2S, and S–2B airplanes (formerly
28732 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

known as Pitts Models S–1S, S–1T, S–2, S–

2A, S–2S, and S–2B airplanes), all serial

numbers, certificated in any category, that are

equipped with aft lower fuselage wing attach

fittings incorporating part number (P/N)

76090, 2–2107–1, or 1–210–102, and where

these aft lower fuselage wing attach fittings

on both wings have not been modified in

accordance with the ACCOMPLISHMENT

INSTRUCTIONS section of Aviat Service

Bulletin (SB) No. 25, dated April 3, 1996.

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 (e) 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 initially within the

next 50 hours time-in-service (TIS) after the

effective date of this AD, unless already

accomplished, and thereafter at intervals not

to exceed 50 hours TIS.

To prevent possible in-flight separation of

the wing from the airplane caused by a

cracked aft lower fuselage wing attach fitting,

accomplish the following:

(a) Inspect the aft lower fuselage wing

attach fitting on both wings for cracks in

accordance with the ACCOMPLISHMENT

INSTRUCTIONS section of Aviat Service

Bulletin (SB) No. 25, dated April 3, 1996.

(b) If any cracked aft lower fuselage wing

attach fitting is found during any inspection

required by this AD, prior to further flight,

modify the cracked aft lower fuselage wing

attach fitting in accordance with the

ACCOMPLISHMENT INSTRUCTIONS

section of Aviat SB No. 25, dated April 3,

1996. Repetitive inspections are no longer

necessary on a cracked aft lower fuselage

wing attachment fitting that has the

referenced modification incorporated.

(c) Modifying the aft lower fuselage wing

attach fitting on both wings in accordance

with the ACCOMPLISHMENT

INSTRUCTIONS section of Aviat SB No. 25,

dated April 3, 1996, is considered

terminating action for the repetitive

inspection requirement of this AD.

(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) 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, Denver Aircraft Certification Office,

5440 Roslyn Street, suite 133, Denver,

Colorado 80216. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Denver ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Denver ACO.

(f) The inspection and modification (if

necessary) required by this AD shall be done

in accordance with Aviat Service Bulletin

No. 25, dated April 3, 1996. 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 Aviat

Aircraft, Inc., P.O. Box 1240 (postal service

delivery), 672 South Washington Street

(express mail), Afton, Wyoming 83110.

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., suite

700, Washington, DC.

(g) This amendment (39–9645) becomes

effective on June 24, 1996.

Issued in Kansas City, Missouri, on May

29, 1996.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 96–14051 Filed 6–5–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 90–CE–60–AD; Amendment 39–

9654; AD 96–12–12]

RIN 2120–AA64

Airworthiness Directives; The New

Piper Aircraft, Inc. (formerly Piper

Aircraft Corporation) Models PA31,

PA31–300, PA31–325, and PA31–350

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 80–22–04,

which currently requires the following

on The New Piper Aircraft, Inc. (Piper)

Models PA31, PA31–300, PA31–325,

and PA31–350 airplanes: repetitively

inspecting the upper section of Fuselage

Station (FS) 317.75 bulkhead for cracks,

and incorporating a certain

reinforcement kit if any crack is found.

This action requires inspecting (onetime) the upper section of the FS 317.75

bulkhead for cracks, and incorporating

one of two reinforcement kits depending

on whether cracks are found in the FS

317.75 bulkhead area. Cracks found on

airplanes in compliance with the

inspection requirements of AD 80–22–

04 and the Federal Aviation

Administration’s policy on aging

commuter-class aircraft prompted this

action. The actions specified in this AD

are intended to prevent structural

failure of the vertical fin forward spar

caused by cracks in the FS 317.75

bulkhead, which, if not detected and

corrected, could result in loss of control

of the airplane.

DATES: Effective July 16, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 16,

1996.

ADDRESSES: Service information that

applies to this AD may be obtained from

The New Piper Aircraft, Inc., Customer

Services, 2926 Piper Drive, Vero Beach,

Florida 32960. This information may

also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket 90–

CE–60–AD, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106; or

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Christina Marsh, Aerospace Engineer,

FAA, Atlanta Aircraft Certification

Office, Campus Building, 1701

Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748; telephone

(404) 305–7362; facsimile (404) 305–

7348.

SUPPLEMENTARY INFORMATION:

Events Leading to the AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to Piper Models PA31, PA31–300,

PA31- 325, and PA31–350 airplanes was

published in the Federal Register on

January 31, 1996 (61 FR 3338). The

action proposed to supersede AD 80–

22–04 with a new AD that would

require inspecting (one-time) the upper

section of the FS 317.75 bulkhead for

cracks in accordance with Piper Service

Bulletin No. 636A, dated August 26,

1980, and accomplishing one of the

following, as applicable:

—If any crack is found, incorporating

Piper Kit 764–028 in accordance with

the instructions to that kit, revised

June 18, 1990; or

—If no crack is found, incorporating

Piper Kit 763–917 in accordance with

the instructions to that kit, revised

June 18, 1990.

Cracks found on airplanes in

compliance with the inspection

requirements of AD 80–22–04 prompted

the proposal.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the