Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations 33305

302(e)(2) of MITINA and, therefore, the

recent changes to 8 CFR 204.5(d). The

effect of this legislation is that the

priority date for all employment-based

petitions, regardless of when they are

filed, shall be the date on which the

state employment office accepted the

labor certification application. In light

of the above, 8 CFR 204.5(d) will be

amended by removing the sentence

which refers to labor certifications filed

before October 1, 1991.

The Service’s implementation of this

rule as an interim rule, with provision

for post-promulgation public comment,

is based on the ‘‘good cause’’ exceptions

found at 5 U.S.C. 553 (b)(3)(B), (d)(3).

The reason and necessity for immediate

implementation of this interim rule is as

follows: This rule implements section

218 of INTCA, which became effective

upon enactment, by removing a

sentence in the regulations which is

inconsistent with that section.

Immediate promulgation of this rule is

necessary to ensure that beneficiaries of

employment-based petitions may avail

themselves of a pre-October 1, 1991

priority date. As this rule benefits a very

limited number of beneficiaries, it

should have no adverse impact on other

beneficiaries of employment-based

petitions.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and, by

approving it, certifies that this rule will

not have a significant economic impact

on a substantial number of small

entities. This rule affects only a very

limited number of petitioners and aliens

who filed requests for labor

certifications prior to October 1, 1991.

Executive Order 12866

This rule is not considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review, and

the Office of Management and Budget

has waived its review process under

section 6(a)(3)(A).

Executive Order 12612

The regulation 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 rule does not

have sufficient Federalism implications

to warrant the preparation of a

Federalism Assessment.

List of Subjects in 8 CFR Part 204

Administrative practice and

procedure, Aliens, Employment,

Immigration, Petitions.

Accordingly, part 204 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 204—IMMIGRANT PETITIONS

1. The authority citation for part 204

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1153,

1154, 1182, 1186a, 1255; 8 CFR part 2.

§ 204.5 [Amended]

2. In § 204.5, paragraph (d) is

amended by removing the second

sentence.

Dated: June 13, 1996.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 96–16347 Filed 6–26–96; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–224–AD; Amendment

39–9682; AD 96–13–13]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F28 Mark 0100 and 0070 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Fokker Model F28

Mark 0100 series airplanes, that

currently requires certain maximum

brake wear limits to be incorporated

into the FAA-approved maintenance

inspection program. That AD also

currently requires that the Airplane

Flight Manual (AFM) be revised to

include certain procedures concerning

operations in the event of a rejected

takeoff (RTO). This amendment requires

the incorporation of new maximum

brake wear limits for additional brake

units into the FAA-approved

maintenance program. This action also

deletes the previous requirement for the

AFM revision. This amendment is

prompted by the determination of the

maximum allowable brake wear limits

for additional brake unit part numbers.

The actions specified by the AD are

intended to prevent the loss of brake

effectiveness during a high energy RTO.

EFFECTIVE DATE: August 1, 1996.

ADDRESSES: Information pertaining to

this rulemaking action may be examined

at the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 1601 Lind Avenue, SW.,

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Ruth Harder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1721; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 94–06–06,

amendment 39–8854 (59 FR 11713,

March 14, 1994), which is applicable to

certain Fokker Model F28 Mark 0100

series airplanes, was published in the

Federal Register on February 12, 1996

(61 FR 5331). The action proposed to

require the incorporation of new

maximum brake wear limits for

additional brake units into the FAAapproved maintenance program. The

action also proposed to delete a

previous requirement for a revision to

the Airplane Flight Manual (AFM) that

pertained to reporting certain rejected

takeoff conditions to maintenance.

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 Extend Compliance Time

One commenter requests that the

proposed compliance time of 180 days

for incorporating the maximum brake

wear pin limits into the maintenance

program be extended to 360 days. This

commenter, a U.S. operator, requests

this extension in order to ensure that the

new information provided in the AD

can be inserted in its fleet’s required

manuals during a normal revision cycle.

This would avoid the costs and time

associated with having to issue a

temporary partial revision and/or

supplement.

The FAA does not concur. In

developing an appropriate compliance

time for this action, the FAA considered

not only the degree of urgency

associated with addressing the subject

unsafe condition, but the practical

aspect of incorporating and

implementing the required maintenance

program change within a reasonable
33306 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

period of time for the majority of

affected operators. Additionally, the

FAA has issued numerous other AD’s,

applicable to transport category

airplanes, with requirements and

compliance times similar to this one [for

example, reference AD 94–09–03,

amendment 39–8891 (59 FR 18713,

April 20, 1994), pertaining to British

Aerospace Model BAe 146 series

airplanes; AD 94–11–07, amendment

39–8923 (59 FR 28475, June 2, 1994),

pertaining to British Aerospace Model

BAC 1–11 series airplanes; and AD 94–

26–05, amendment 39–9101, (60 FR 3,

January 3, 1995), pertaining to Airbus

Model A300, A310, and A320 series

airplanes]. The 180-day compliance

time specified in each of the previously

issued AD’s apparently has posed no

problem in implementation for

operators that are subject to those AD’s.

The FAA considers that the brake wear

limits should be followed as soon as this

information can reasonably be

incorporated into an affected operator’s

maintenance program. Since the

issuance of temporary manual revisions

is a common practice among operators,

the FAA cannot find that the

incorporation of information required

by this AD within the 180-day time

period would be an undue burden on

any operator.

Request To Clarify Service Information

This same commenter requests

clarification as to the appropriate

manual that should be used to

determine the limits for refurbished

brakes. The commenter points out an

apparent discrepancy in the proposed

AD between Note 5 in proposed

paragraph (a)(l) and Table 4: Both

reference the Aircraft Braking Systems

(ABS) Component Maintenance Manual

with Illustrated Parts List, but one

specifies the document number as ‘‘AP–

652,’’ while the other specifies ‘‘AP–

625.’’

The FAA notes this typographical

error. The correct document number is

AP–652, which was shown correctly in

Note 5 of the proposal. The FAA has

revised Table 4 of the final rule to

indicate this correct document number.

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

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

There are approximately 124 Model

F28 Mark 0100 and 0070 series

airplanes of U.S. registry and 5 U.S.

operators that will be affected by this

AD.

The actions that are currently

required by AD 94–06–06 take

approximately 20 work hours per

operator to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact on U.S.

operators of the actions currently

required is estimated to be $6,000, or

$1,200 per operator.

The new actions that are required by

this AD action will take approximately

20 work hours per operator to

accomplish, at an average labor rate of

$60 per work hour. Based on these

figures, the cost impact on U.S.

operators of the new requirements of

this AD is estimated to be $6,000, or

$1,200 per operator.

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, 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 39–8854 (59 FR

11713, March 14, 1994), and by adding

a new airworthiness directive (AD),

amendment 39–9682, to read as follows:

96–13–13 Fokker: Amendment 39–9682.

Docket 95–NM–224–AD. Supersedes AD

94–06–06, Amendment 39–8854.

Applicability: Model F28 Mark 0100 and

F28 Mark 0070 series airplanes, equipped

with Aircraft Braking Systems Corp. brakes

having part number (P/N) 5008132–2, –3, –4,

–5, –6, –7, –8, or 5011809; 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 (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 indicated, unless

accomplished previously.

To prevent loss of brake effectiveness

during a high energy rejected take off (RTO),

accomplish the following:

Note 2: An alternate wear measurement

(AWM) is a measurement of the brake stack

that determines stack wear. This

measurement is used for any brake assembly

without a wear indicator pin, or any brake

assembly having a damaged wear indicator

pin. The brake wear can be determined by

measuring the distance from the back of the

pressure plate subassembly to the inboard

face of the brake housing at the wear

indicator location.

(a) For Model F28 Mark 0100 series

airplanes: Within 180 days after April 13,

1994 (the effective date of AD 94–06–06,

amendment 39–8854), accomplish the

requirements of paragraphs (a)(1) and (a)(2)

of this AD:

(1) Incorporate the maximum brake wear

limits specified in the following tables into

the FAA-approved maintenance inspection
Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations 33307

program and comply with these

measurements thereafter.

TABLE 1.—BRAKE MANUFACTURER: AIRCRAFT BRAKING SYSTEMS CORPORATION (ABS)

Brake P/N

Maximum settings—non refurbished

brakes

Maximum wear pin

measurement

(inch/mm)

Alternate wear

measurement

(inch/mm)

5008132–2 ............................................................................................................................................ 1.85′′ (47 mm) 4.00′′ (101.6 mm)

5008132–3 ............................................................................................................................................ 1.85′′ (47 mm) 4.00′′ (101.6 mm)

5008132–4 ............................................................................................................................................ 2.10′′ (53.3 mm) 4.25′′ (107.9 mm)

5008132–5 ............................................................................................................................................ 2.10′′ (53.3 mm) 4.25′′ (107.9 mm)

5008132–6 ............................................................................................................................................ 2.10′′ (53.3 mm) 4.25′′ (107.9 mm)

5008132–7 ............................................................................................................................................ 2.10′′ (53.3 mm) 4.25′′ (107.9 mm)

Note 3: Measuring instructions for non

refurbished brakes can be found in the ABS

Component Maintenance Manual with

Illustrated Parts List AP–652 (Fokker Manual

No. 32–43–77) or in ABS Service Bulletin

Fo100–32–35. ABS Service Bulletin Fo100–

32–35 does not contain measurement

information relative to brake P/N’s 5008132–

2 and –3.

TABLE 2

Brake P/N

Maximum settings—refurbished brakes

Maximum wearpin

measurement

(inch/mm)

Alternate wear

measurement

(inch/mm)

5008132–2 ............................................................................................................................................ 1.85′′ (47 mm) 4.00′′ (101.6 mm)

5008132–3 ............................................................................................................................................ 1.85′′ (47 mm) 4.00′′ (101.6 mm)

5008132–4 ............................................................................................................................................ 2.20′′ (55.9 mm) 4.35′′ (110.5 mm)

5008132–5 ............................................................................................................................................ 2.20′′ (55.9 mm) 4.35′′ (110.5 mm)

5008132–6 ............................................................................................................................................ 2.20′′ (55.9 mm) 4.35′′ (110.5 mm)

5008132–7 ............................................................................................................................................ 2.20′′ (55.9 mm) 4.35′′ (110.5 mm)

Note 4: Refurbished brakes will have

‘‘R11–3’’ etched on the brake housing

adjacent to the shuttle valve.

Note 5: Measuring instructions for

refurbished brakes can be found in the ABS

Component Maintenance Manual with

Illustrated Parts List AP–652 (Fokker Manual

No. 32–43–77) or in ABS Service Bulletin

Fo100–32–38.

(2) For brakes on which a heat stack kit

having an ‘‘R’’ after the part number (i.e.,

5010322–2R; also called ‘‘short stacks’’) have

been installed: Operators must use the

maximum wear pin length which is based on

the measured wear of the thinnest disk in the

stack and is specified on the Airworthiness

Tag that accompanies each heat stack kit (i.e.,

for airplanes equipped with brakes having

short stacks installed, do not use either the

standard maximum wear pin measurements

or the alternate brake wear measurements

specified in either Table 1 or Table 2 of this

AD to determine brake wear.)

(b) Within 180 days after the effective date

of this AD, incorporate the maximum brake

wear pin limits specified in paragraphs (b)(1)

and (b)(2) of this AD, as applicable, into the

FAA-approved maintenance program and

comply with these measurements thereafter.

If any brake has measured wear beyond the

maximum wear limits specified in those

paragraphs, prior to further flight, replace it

with a brake that is within the wear limits

specified in the applicable paragraph.

(1) For Model F28 Mark 0100 and 0070

series airplanes:

TABLE 3

Brake unit part No.

Maximum settings—non-refurbished brakes (original equipment manufacturer)

Maximum wear pin

measurement

Alternate brake wear

measurement

Measure in accordance with aircraft

braking systems (ABS) component

maintenance manual with illustrated

parts list (CMM w/IPL) number

5008132–2 ......................................................................... 1.85′′ (47 mm) 4.00′′ (101.6 mm) CMM w/IPL AP–652 (32–43–77)

5008132–3 ......................................................................... 1.85′′ (47 mm) 4.00′′ (101.6 mm) CMM w/IPL AP–652 (32–43–77)

5008132–4 ......................................................................... 2.10′′ (53.3 mm) 4.25′′ (107.9 mm) CMM w/IPL AP–652 (32–43–77)

5008132–5 ......................................................................... 2.10′′ (53.3 mm) 4.25′′ (107.9 mm) CMM w/IPL AP–652 (32–43–77)

5008132–6 ......................................................................... 2.10′′ (53.3 mm) 4.25′′ (107.9 mm) CMM w/IPL AP–652 (32–43–77)

5008132–7 ......................................................................... 2.10′′ (53.3 mm) 4.25′′ (107.9 mm) CMM w/IPL AP–652 (32–43–77)

5008132–8 ......................................................................... 2.20′′ (55.9 mm) 4.35′′ (110.5 mm) CMM w/IPL AP–652 (32–43–77)
33308 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

1Final Rule and Statement of Basis and Purpose

(‘‘Light Bulb Rule SBP’’), 35 FR 11784 (1970).

2The Light Bulb Rule defines ‘‘general service

incandescent lamps’’ as all medium screw base

incandescent electric lamps, 15-watt through 150-

watt, 115-volt through 130-volt. The term includes

lamps in the customary ‘‘A’’ type and other bulb

shapes included in Interim Federal Specification

W–L–00101G, and lamps that are produced in

generally comparable bulb shapes for sale in

competition with other general service

incandescent lamps. The rule specifically excludes

lamps designed and promoted primarily for

decorative applications, appliances, traffic signals,

showcases, projectors, airport equipment, trains,

and lamps such as color, flood, reflector, rough

service, and vibration service. 16 CFR 409.1 note 3

(1996). The lamp products covered by the Light

Bulb Rule commonly are referred to as ‘‘light

bulbs.’’ The term ‘‘lamp products,’’ on the other

hand, refers more broadly to lighting products in

general. In this notice, the term ‘‘light bulb’’ refers

only to those lamp products covered by the Light

Bulb Rule.

3 In the Light Bulb Rule SBP, the Commission

explained that industry stressed the need to

maintain a prominent wattage disclosure on

incandescent light bulbs because the use of excess

wattage in fixtures is unsafe and because consumers

were accustomed to buying on the basis of wattage.

35 FR at 11786.

TABLE 4

Brake unit part number

Maximum settings—refurbished brakes (R11–3 on brake housing)

Maximum wear pin

measurement

Alternate brake wear

measurement

Measure in accordance with aircraft

braking systems (ABS) component

maintenance manual with illustrated

parts list (CMM w/IPL) number

5008132–2 ......................................................................... 1.85′′ (47 mm) 4.00′′ (101.6 mm) CMM w/IPL AP–652(32–43–77)

5008132–3 ......................................................................... 1.85′′ (47 mm) 4.00′′ (101.6 mm) CMM w/IPL AP–652 (32–43–77)

5008132–4 ......................................................................... 2.20′′ (55.9 mm) 4.35′′ (110.5 mm) CMM w/IPL AP–652 (32–43–77)

5008132–5 ......................................................................... 2.20′′ (55.9 mm) 4.35′′ (110.5 mm) CMM w/IPL AP–652 (32–43–77)

5008132–6 ......................................................................... 2.20′′ (55.9 mm) 4.35′′ (110.5 mm) CMM w/IPL AP–652 (32–43–77)

5008132–7 ......................................................................... 2.20′′ (55.9 mm) 4.35′′ (110.5 mm) CMM w/IPL AP–652 (32–43–77)

5008132–8 ......................................................................... 2.20′′ (55.9 mm) 4.35′′ (110.5 mm) CMM w/IPL AP–652 (32–43–77)

(2) For Model F28 Mark 0100 and 0070

series airplanes equipped a brake unit having

P/N 5011809, A5011809, or B5011809: The

maximum wear pin measurement is 2.50′′

(63.5 mm), with an alternate brake wear

measurement of 4.35′′ (110.5 mm). The

measurement shall be done in accordance

with Aircraft Braking Systems (ABS)

Component Maintenance Manual (CMM)

with Illustrated Parts List (IPL) AP–747 (32–

43–65).

(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 6: 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) This amendment becomes effective on

August 1, 1996.

Issued in Renton, Washington, on June 19,

1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–16242 Filed 6–26–96; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR Part 409

Trade Regulation Rule Concerning the

Incandescent Lamp (Light Bulb)

Industry

AGENCY: Federal Trade Commission.

ACTION: Repeal of rule.

SUMMARY: The Federal Trade

Commission (‘‘Commission’’ or ‘‘FTC’’)

announces the repeal of the Trade

Regulation Rule Concerning the

Incandescent Lamp (Light Bulb)

Industry (‘‘Light Bulb Rule’’ or ‘‘Rule’’).

The Commission has reviewed the

rulemaking record and determined that,

because of more comprehensive lamp

labeling rules that the Commission

promulgated in 1994 under the Energy

Policy and Conservation Act, as

amended by the Energy Policy Act of

1992, and current industry light bulb

marking practices, the Light Bulb Rule

is no longer necessary or in the public

interest. This notice contains a

Statement of Basis and Purpose for

repealing the Light Bulb Rule.

EFFECTIVE DATE: June 27, 1996.

FOR FURTHER INFORMATION CONTACT: Kent

C. Howerton, Attorney, Federal Trade

Commission, Bureau of Consumer

Protection, Division of Enforcement,

Room S–4302, 601 Pennsylvania

Avenue, NW, Washington, DC 20580,

telephone (202) 326–3013.

SUPPLEMENTARY INFORMATION:

Statement of Basis and Purpose

I. Background

The Commission undertook this

rulemaking proceeding as part of the

Commission’s ongoing program of

evaluating rules and guides to

determine their effectiveness, impact,

cost, and need. This proceeding also

responds to President Clinton’s National

Regulatory Reinvention Initiative,

which, among other things, urges

agencies to eliminate obsolete or

unnecessary regulations.

A. Light Bulb Rule

The Commission promulgated the

Light Bulb Rule on July 23, 1970,

following a public rulemaking

proceeding.1 The Light Bulb Rule

became effective on January 25, 1971. It

applies only to non-reflector general

service incandescent electric lamps

(commonly referred to as ‘‘light

bulbs’’).2

In summary, the Light Bulb Rule

declares it is an unfair method of

competition and an unfair and

deceptive act or practice, in connection

with the sale of general service

incandescent light bulbs, to:

(1) fail to disclose clearly and

conspicuously on the containers of such light

bulbs (or, if there are no containers, on the

bulbs themselves) their average initial

wattage, average initial lumens, and average

laboratory life, 16 CFR 409.1(a)–(b) (1996);

(2) fail to disclose clearly and

conspicuously on the bulbs themselves their

average initial wattage and design voltage, Id.

at 409.1(b) (1996); 3

(3) represent or imply that savings in light

bulb cost or the cost of light output will

result from the use of a particular light bulb

product because of the bulb’s life or light

output unless, in computing such savings,

the following factors are taken into account

and disclosed clearly and conspicuously for

the light bulb being sold and the bulb with