33650 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

Issued in Renton, Washington, on June 17,

1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–15954 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 95–NM–231–AD; Amendment

39–9681; AD 96–13–12]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that requires

replacement of a bus power control unit

(BPCU) and two generator control units

(GCU) with new improved units. This

amendment is prompted by results of

the manufacturer’s re-certification and

laboratory testing of a BPCU, which

revealed abnormal functions of the

BPCU and the GCU. The actions

specified by this AD are intended to

prevent such abnormal functions, which

could result in electrical short circuits

in the electrical power distribution

systems and a subsequent fire.

DATES: Effective August 2, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 2,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from Dornier Luftfahrt GmbH, P.O. Box

1103, D–82230 Wessling, Germany. 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: Gary

Lium, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1112; 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 Dornier

Model 328–100 series airplanes was

published in the Federal Register on

April 4, 1996 (61 FR 15000). That action

proposed to require replacement of the

generator control units (GCU’s) 2PC and

12PC with new improved units having

part number 118–000–1. The AD also

will require replacement of the bus

power control unit (BPCU) 20PC with a

new improved unit having part number

106–000–3.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 12 Dornier

Model 328–100 series airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 1 work hour

per airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. The manufacturer

will provide required parts at no cost to

the operators. Based on these figures,

the cost impact of the AD on U.S.

operators is estimated to be $720, or $60

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:

96–13–12 Dornier: Amendment 39–9681.

Docket 95–NM–231–AD.

Applicability: Model 328–100 series

airplanes having serial numbers 3005

through 3024 inclusive, 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 abnormal functions of the bus

power control units and the generator control

units, which could result in electrical short

circuits in the electrical power distribution

systems and a subsequent fire, accomplish

the following:

(a) Within 3 months after the effective date

of this AD, perform the requirements of

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

accordance with Dornier Service Bulletin

SB–328–24–061, Revision 1, dated November

3, 1994.

(1) Remove the generator control units 2PC

and 12PC and replace them with new

improved units having part number 118–

000–1. And,
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33651

1 61 FR 6801.

(2) Remove bus power control unit 20PC

and replace it with a new improved unit

having part number 106–000–3.

(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 removals and replacements shall be

done in accordance with Dornier Service

Bulletin SB–328–24–061, Revision 1, dated

November 3, 1994, which contains the

following effective pages:

Page No.

Revision

level

shown on

page

Date shown on

page

1, 3 ............... 1 .............. Nov. 3, 1994.

2 ................... Original .... Oct. 14, 1994.

This incorporation by reference is 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 Dornier

Luftfahrt GmbH, P.O. Box 1103, D–82230

Wessling, Germany. 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

August 8, 1996.

Issued in Renton, Washington, on June 19,

1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–16245 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–13–P

FEDERAL TRADE COMMISSION

16 CFR Part 305

Rule Concerning Disclosures

Regarding Energy Consumption and

Water use of Certain Home Appliances

and Other Products Required Under

the Energy Policy and Conservation

Act (‘‘Appliance Labeling Rule’’)

AGENCY: Federal Trade Commission.

ACTION: Final rule.

SUMMARY: The Federal Trade

Commission (‘‘Commission’’) issues

final amendments to the Appliance

Labeling Rule (‘‘the Rule’’) to permit the

placement of energy use labels required

by the Canadian and Mexican

governments in a location ‘‘directly

adjoining’’ the Rule’s required

‘‘EnergyGuide’’ label. Previously the

Rule prohibited the affixation of nonrequired information ‘‘on or directly

adjoining’’ the EnergyGuide. The

relaxation of this prohibition will

further the goal of the North American

Free Trade Agreement (‘‘NAFTA’’) to

make compatible the standards-related

measures of the signatories to facilitate

trade in a good or service among the

parties. Moreover, the amendment will

result in considerable savings for the

appliance manufacturing industry.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT:

James G. Mills, Attorney, Division of

Enforcement, Federal Trade

Commission, Washington, D.C. 20580

(202–326–3035).

SUPPLEMENTARY INFORMATION:

I. Background

A. The Request by Whirlpool

In July, 1995, the Whirlpool

Corporation (‘‘Whirlpool’’) requested

permission to use hang tag EnergyGuide

labels that have the corresponding

Canadian ‘‘EnerGuide’’ appliance

energy use label printed on the reverse

side, and/or permission to use a single

stick-on or hang tag label consisting of

the Commission’s EnergyGuide

immediately next to (or above) the

appropriately corresponding Canadian

EnerGuide. Whirlpool also asked for

permission to label in the same manner

using the appliance energy use label

required by Mexico, or using all three

labels.

In support of its request, Whirlpool

stated that the continued existence of

separate appliance labeling

requirements among the United States,

Canada, and Mexico represents an

obstacle to free trade among the

signatories to NAFTA. Whirlpool

contended that the ability to print the

labels required by the three countries

next to each other on a single piece of

label stock would mitigate the impact of

that obstacle. Whirlpool also stated that

using such labels would save Whirlpool

significant resources—by reducing the

number of separate U.S. and Canadian

models of appliances that Whirlpool

produces and by reducing labeling

expenses.

B. Applicable Sections of the Appliance

Labeling Rule

Section 305.11(a)(5)(i)(K) of the Rule,

16 CFR 305.11(a)(5)(i)(K), states that: No

marks or information other than that

specified in this Part shall appear on or

directly adjoining [the EnergyGuide]

label except for a part or publication

number identification, as desired by the

manufacturer. * * * [emphasis added]

The language in this section pertains

to labels for refrigerators, refrigeratorfreezers, freezers, dishwashers, clothes

washers, water heaters, and room air

conditioners. Identical language appears

in two other sections relating to labels

for furnaces and pool heaters (16 CFR

305.11(a)(5)(ii)(I)) and central air

conditioners (16 CFR

305.11(a)(5)(iii)(H)(1)). The purpose of

this prohibition was to avoid having

other information detract from the

Energy Guide label.

C. The Notice of Proposed Rulemaking

The Commission agreed that

permitting manufacturers to use side-byside or back-to-back labeling that

included the energy use labels of the

three NAFTA signatories could further

the goals of NAFTA and could reduce

the cost of compliance with the Rule.

The Commission, therefore, on February

22, 1996, issued a Notice of Proposed

Rulemaking (‘‘NPR’’) proposing

amendments to the above-referenced

sections of the Rule.1

In the NPR, the Commission

addressed whether permitting this type

of labeling would result in consumer

confusion. The Commission reasoned

that, because the EnergyGuide is the

only one of the three labels that is

exclusively in English, and because

there are two disclosures on it stating

that the information is derived from

U.S. government tests and utility costs,

U.S. consumers may realize that only

one label is pertinent to them. Further,

the United States and Canada, and, to a

slightly lesser extent, Mexico, use

compatible test procedures for

identifying energy use, and require

information to be reported in terms of

kilowatt-hour use per year. Thus, the

Commission concluded preliminarily

that the similarity of the information

being disclosed on each country’s label

may make the possibility of confusion

less likely. Moreover, U.S. consumers

are already seeing Canadian labels on

some appliances (especially in the

northern states), and possibly Mexican

labels, although not directly adjoining

the EnergyGuide. Finally, the

Commission pointed out that, on many