35936 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Rules and Regulations

storage procedures in 10 CFR Part 53,

and the Commission received no

requests for interim storage since its

promulgation in 1985. Under these

circumstances, the Commission believes

that public comment is unnecessary.

The action will become effective on

August 8, 1996.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

final rule is the type of action described

in categorical exclusion 10 CFR

51.22(c)(2). Therefore, neither an

environmental impact statement nor an

environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This final rule contains no

information collection requirements

and, therefore, is not subject to the

requirements of the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). Existing requirements, which

are being discontinued, were approved

by the Office of Management and

Budget, approval number 3150–0126.

Public Protection Notification

The NRC may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid OMB control

number.

Regulatory Analysis

A regulatory analysis has not been

prepared for this final rule because this

final rule is considered a minor, nonsubstantive amendment and has no

economic impact on NRC licensees or

the public.

Small Business Regulatory Enforcement

Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, the NRC has

determined that this action is not a

major rule and has verified this

determination with the Office of

Information and Regulatory Affairs of

OMB.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 50.109 does not

apply to this final rule because these

amendments do not involve any

provisions which would impose backfits

as defined in 10 CFR 50.109(a)(1).

Therefore, a backfit analysis is not

required for this final rule.

List of Subjects in 10 CFR Part 53

Administrative practice and

procedure, High-level waste, Nuclear

materials, Nuclear power plants and

reactors, Reporting and recordkeeping

requirements, Spent fuel, Waste

treatment and disposal.

PART 53—[REMOVED]

For the reasons set out in the

preamble and under the authority of the

Atomic Energy Act of 1954 (42 U.S.C.

2201), as amended; the Energy

Reorganization Act of 1974 (42 U.S.C.

5841), as amended; and 5 U.S.C. 552

and 553; the NRC is removing 10 CFR

Part 53.

Dated at Rockville, Maryland, this 25th day

of June 1996.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 96–17447 Filed 7–8–96; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–CE–101–AD; Amendment

39–9690; AD 96–09–08 R1]

RIN 2120–AA64

Airworthiness Directives; Aviat Aircraft

Inc. Models S–2A, S–2B, and S–2S

Airplanes (formerly Pitts Models S–2A,

S–2B, and S–2S airplanes)

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment revises

Airworthiness Directive (AD) 96–09–08,

which currently requires inspecting the

longerons aft of the rear cabane struts

for cracks, and if cracked, prior to

further flight, repairing the cracks. The

current AD is applicable to Aviat

Aircraft Inc. (Aviat), Models S–2A, S–

2B, and S–2S airplanes (formerly Pitts

Models S–2A, S–2B, and S–2S

airplanes). This action requires the same

action as AD 96–09–08; however, after

AD 96–09–08 was issued, the FAA was

notified by the manufacturer that the

compliance time in the service bulletin

was changed, and as a result, the issue

date for the service bulletin was

changed. This revision will ensure that

the owner and operators are using the

most up-to-date service bulletin

applicable to the required actions in this

AD. The actions specified by this AD are

intended to prevent cracking and

subsequent failure of the longerons

resulting in possible loss of control of

the airplane.

DATES: Effective July 26, 1996.

The original Aviat Service Bulletin

No. 24, dated February 8, 1996 was

incorporated by reference and approved

by the Director of the Federal Register

to become effective May 20, 1996 (61 FR

19540, May 2, 1996). The incorporation

by reference of Aviat Service Bulletin

No. 24, dated March 20, 1996 that is

applicable to this revised AD and listed

in the regulations is approved by the

Director of the Federal Register as of

July 26, 1996.

Comments for inclusion in the Rules

Docket must be received on or before

August 30, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 95–CE–101–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Service information that applies to

this AD may be obtained from Aviat

Aircraft Inc., The Airport-Box No. 1240,

672 South Washington Street, Afton,

Wyoming, 83110; telephone (307) 886–

3151; facsimile (307) 886–9674. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket 95–CE–101–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:

Roger Caldwell, Project Engineer, FAA,

Denver Aircraft Certification Office,

5440 Roslyn St., suite 133, Denver,

Colorado 80216; telephone (303) 286–

5683; facsimile (303) 286–5689.

SUPPLEMENTARY INFORMATION:

Airworthiness Directive 96–09–08,

Amendment 39–9584, (61 FR 19540,

May 2, 1996) is applicable to Aviat

Aircraft Inc., Models S–2A, S–2B, and

S–2S airplanes (formerly Pitts Models

S–2A, S–2B, and S–2S airplanes) and

currently requires inspecting the

longerons around the rear cabane struts

for cracks, and if no cracks are found,

continue repetitively inspecting the

airplane. If cracks are found during any

inspection, prior to further flight, repair

any cracks found according to the

approved repair scheme provided by the

Denver ACO manager.

Accomplishment of the actions of AD

96–09–08 is required in accordance

with Aviat Aircraft Inc. Service Bulletin

(SB) No. 24, dated February 8, 1996,

which has been revised and replaced by

Aviat SB No. 24, dated March 20, 1996.
Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Rules and Regulations 35937

Explanation of the Need for the

Revision

The service bulletin incorporated into

AD 96–09–08 contains identical

requirements as this revised AD, except

for the change in the date to March 20,

1996 and the change to the compliance

time.

The FAA determined that the revised

service bulletin should be incorporated

because the previous service bulletin

dated February 8, 1996 was not made

available to the owners and operators by

the manufacturer until after the service

bulletin was changed. The FAA cannot

determine if some of the owners/

operators of the affected airplanes may

have already complied with AD 96–09–

08 in accordance with Aviat SB No. 24,

dated February 8, 1996.

Since the service bulletin must be

available in order for the owners/

operators to comply with this action,

this AD revises AD 96–09–08 by (1)

retaining the initial inspection, the

repetitive inspection, and repair

required by AD 96–09–08; and (2)

incorporating the revised service

bulletin to require accomplishment of

the actions in accordance with Aviat SB

No. 24, dated March 20, 1996.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make AD 96–09–

08 effective in less than 30 days to all

known U.S. operators of Aviat Models

S–2A, S–2B, and S–2S airplanes. These

conditions still exist, and the AD

revision is hereby published in the

Federal Register as an amendment to

section 39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective to all persons. The actions are

to be done in accordance with the

instructions in Aviat SB No. 24, dated

March 20, 1996.

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 commenters 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. 95–CE–101–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

and 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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13, Amendment 39–

9584, (61 FR 19540, May 2, 1996), is

revised to read as follows:

96–09–08 R1. Aviat Aircraft Inc.:

Amendment 39–9690; Docket No. 95–

CE–101–AD R1. Revises AD 96–09–08,

Amendment 39– 9584.

Applicability: Models S–2A, S–2B, and S–

2S Airplanes (formerly Pitts Models S–2A, S–

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

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 use the authority

provided in paragraph (d) of this AD to

request approval from the FAA. This

approval may address either no action, if the

current configuration eliminates the unsafe

condition, or different actions necessary to

address the unsafe condition described in

this AD. Such a request should include an

assessment of the effect of the changed

configuration on the unsafe condition

addressed by this AD. In no case does the

presence of any modification, alteration, or

repair remove any airplane from the

applicability of this AD.

Compliance: Required at the accumulation

of 300 hours total time-in-service (TIS), or

within the next 25 hours TIS, whichever

occurs later, and thereafter at intervals not to

exceed 25 hours TIS, unless already

accomplished in accordance with AD 96–09–

08, effective date May 20, 1996 and

corresponding Aviat Service Bulletin (SB)

No. 24, dated February 8, 1996.

Note 2: The compliance time of this

revised AD takes precedence over the

compliance time stated in Aviat SB No. 24,

dated March 20, 1996.

To prevent cracking and subsequent failure

of the longerons resulting in possible loss of

control of the airplane, accomplish the

following:

(a) Inspect (using a 10x magnifying glass)

the longerons aft of the rear cabane struts for

cracks in accordance with paragraphs 1.)

through 5.) in the Aviat Service Bulletin (SB)

No. 24, dated March 20, 1996. If cracks are

found during any inspection required by this

AD, prior to further flight, contact the

Manager of the Denver Aircraft Certification

Office (ACO) for an approved repair scheme.

(b) Prior to further flight, repair any cracks

found in accordance with the approved
35938 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Rules and Regulations

repair scheme provided by the Denver ACO

Manager.

(c) Report the results of the initial

inspection to the Manager of the Denver

Aircraft Certification Office (ACO), FAA,

Denver Aircraft Certification Office, 5440

Roslyn St., suite 133, Denver, Colorado,

80216, within 10 days of the inspection. The

information provided should include

airplane model number, serial number,

registration number, location of cracks found,

number of cracks, and total TIS. Reporting

requirements have been approved by the

Office of Management and Budget and

assigned OMB control number 2120–0056.

(d) 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, Roger Caldwell, Project Engineer,

FAA, Denver Aircraft Certification Office,

5440 Roslyn St., 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 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 Denver Aircraft

Certification Office.

(e) The inspections and repairs required by

this AD shall be done in accordance with

Aviat Aircraft Inc. Service Bulletin No. 24,

dated March 20, 1996, or in accordance with

Aviat Aircraft Inc. Service Bulletin No. 24,

dated February 8, 1996, previously

incorporated by reference in the Federal

Register (61 FR 19540, May 2, 1996) and

applicable to AD 96–09–08. 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., The Airport-Box No. 1240, 672

South Washington Street, 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.

(f) This amendment (39–9690) revises AD

96–09–08, Amendment 39–9584.

(g) This amendment (39–9690) becomes

effective on July 26, 1996.

Issued in Kansas City, Missouri, on June

25, 1996.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 96–17294 Filed 7–8–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 95–NM–124–AD; Amendment

39–9687; AD 96–14–05]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 767 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Boeing Model 767

series airplanes, that currently requires

an inspection of the control rods of the

outboard leading edge slat, and followon actions (including repetitive

ultrasonic inspections), if necessary. For

certain airplanes, that AD also requires

replacement of the control rod ends and

attach bolts. It also provides for an

optional terminating action for followon repetitive inspections. That AD was

prompted by reports of cracks and worn

attach bolts of the control rods of the

leading edge outboards slats of the

wings due to the high breakout torque

in the joint of the control rod end. This

amendment requires the installation of

the previously optional terminating

action. The actions specified by this AD

are intended to prevent reduced

controllability of the airplane and

damage in the slat structure or fixed

leading edge of the wing, as a result of

cracks and worn attach bolts.

DATES: Effective August 13, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 13,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT:

Kristin Larson, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington; telephone (206) 227–1760;

fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 90–20–16,

amendment 39–6726 (55 FR 37858,

September 14, 1990), which is

applicable to certain Boeing Model 767

series airplanes, was published in the

Federal Register on December 13, 1995

(60 FR 63990). The action proposed to

continue to require a one-time visual

inspection to determine the date of

manufacture of the control rods of the

outboard leading edge slat, and followon actions (i.e., repetitive ultrasonic

inspection), if necessary. The action also

proposed to continue to require

replacement of the control rod ends and

attach bolts, for certain airplanes. For

operators accomplishing the (follow-on)

repetitive ultrasonic inspections, that

action proposed to require replacement

of the control rod with a new control

rod manufactured after June 1983; this

replacement would constitute

terminating action for the repetitive

inspections.

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 Add a Visual Inspection

One commenter requests that the FAA

revise paragraph (a)(2)(i) of the proposal

to require a visual inspection to detect

cracks of the control rods, prior to

further flight, rather than the proposed

ultrasonic inspection. The commenter

suggests that the proposed ultrasonic

inspection be accomplished within 300

flight hours following accomplishment

of the visual inspection. The commenter

points out that the control rods

currently are being inspected

ultrasonically at 2,000 flight cycles/15-

month intervals in accordance with AD

90–20–16. Since the ultrasonic

inspections will identify cracks prior to

rod failure, the commenter states that it

is unnecessary to accomplish an

additional ultrasonic inspection.

The FAA finds that clarification is

necessary. Paragraph (a)(2)(i) of this AD

merely restates the existing

requirements of paragraph A.2. of AD

90–20–16. Therefore, for operators who

have previously accomplished at least

the initial ultrasonic inspection in

accordance with AD 90–20–16,

paragraph (a)(2)(i) of this AD requires

that the next scheduled inspection be

performed within 2,000 landings or 15

months, whichever occurs first, after the

last inspection performed in accordance

with paragraph A.2. of AD 90–20–16. In

light of this, the FAA finds that the

addition of a visual inspection, as

suggested by the commenter, is

unnecessary. NOTE 2 has been added to

this final rule to clarify the restatement