9071Rules and Regulations Federal Register Vol. 62, No. 40 Friday, February 28, 1997This section of the FEDERAL REGISTER peanuts. In the import regulation (7 CFR from the Immigration andcontains regulatory documents having general Part 999.600), the definition of Negative Naturalization Service (INS) to theapplicability and legal effect, most of which aflatoxin content on page 1270, Executive Office for Immigrationare keyed to and codified in the Code of incorrectly includes a reference to 25 or Review (EOIR), Office of the ChiefFederal Regulations, which is published under less parts per billion (ppb) aflatoxin Immigration Judge, and amends the50 titles pursuant to 44 U.S.C. 1510. content for inedible quality peanuts. regulations by permitting attorneys whoThe Code of Federal Regulations is sold by The final rule removed the 25 ppb level provide free legal services to indigentthe Superintendent of Documents. Prices of from various other provisions of the aliens to apply to be included on thenew books are listed in the first FEDERAL domestic and import regulations but list. The rule also amends theREGISTER issue of each week. inadvertently left that designation in the regulations by transferring appellate import regulation’s definition of the jurisdiction from the Associate term negative to aflatoxin. That term Commissioner for Examinations, INS, toDEPARTMENT OF AGRICULTURE only is applied to those peanut lots the Board of Immigration Appeals for determined to contain 15 or less ppb appeals from decisions on applicationsAgricultural Marketing Service aflatoxin content. This correction brings to be included on the list of free legal the definition of the term Negative to services providers and from decisions7 CFR Part 999 on removals from such a list. Finally, aflatoxin in the import regulation into[Docket No. FV96–999–3C] conformity with the same term used in this rule will further implementation of the two domestic peanut regulations, as section 604(d)(4) of the recently enactedPeanuts Marketed in the United States; required by law. Illegal Immigration Reform andChanges in Handling and Disposition Immigrant Responsibility Act of 1996 byRequirements Correction of Publication requiring that the list of free legal Accordingly, final regulations services providers maintained by theAGENCY: Agricultural Marketing Service, Chief Immigration Judge include a list of published January 9, 1997, FR Doc. 97–USDA. persons who have indicated their 283, § 999.600, paragraph (a)(10), onACTION: Correction to final rule. page 1270, first column is corrected to availability to represent aliens in read as follows: asylum proceedings on a pro bono basis.SUMMARY: This document contains a EFFECTIVE DATE: March 31, 1997.correction to the final regulations § 999.600 [Corrected]published Thursday, January 9, 1997, FOR FURTHER INFORMATION CONTACT: (a) * * * Margaret M. Philbin, General Counsel,(FR Doc. 97–283) (62 FR 1249). The rule (10) Negative aflatoxin content meanseliminated several requirements Executive Office for Immigration 15 parts per billion (ppb) or less for Review, Suite 2400, 5107 Leesburg Pike,covering the disposition of inedible peanuts which have been certified aspeanuts and relaxed for 1996 and Falls Church, Virginia 22041, telephone meeting edible quality grade (703) 305–0470.subsequent crop peanuts several requirements.sections regulating the handling and SUPPLEMENTARY INFORMATION: On August * * * * * 5, 1996, the Executive Office fordisposition of domestic and foreign- Dated: February 21, 1997.produced peanuts marketed in the Immigration Review published a Sharon Bomer Lauritsen, proposed rule in the Federal RegisterUnited States. Acting Director, Fruit and Vegetable Division. (61 FR 40552) amending 8 CFR parts 3EFFECTIVE DATE: January 14, 1997. [FR Doc. 97–4969 Filed 2–27–97; 8:45 am] and 292a by transferring theFOR FURTHER INFORMATION CONTACT: Tom BILLING CODE 3410–02–P responsibility for maintaining the list ofTichenor, Marketing Specialist, entities that will provide free legalMarketing Order Administration services in immigration proceedingsBranch, Fruit and Vegetable Division, DEPARTMENT OF JUSTICE from INS to EOIR, Office of the ChiefAMS, USDA, P.O. Box 96456, Room Immigration Judge. This list of2525–S, Washington, DC 20090–6456; 8 CFR Parts 3, 103, 212, 235, 236, 242, organizations and attorneys, qualifiedtelephone: (202) 720–6862, fax (202) 287, 292, 292a pursuant to this rule, who can represent720–5968. Small businesses may request aliens in immigration proceedingsinformation on compliance with this [EOIR No. 113F; A.G. Order No. 2070–97] before the Board of Immigrationregulation by contacting: Jay Guerber, RIN 1125–AA14 Appeals and the Immigration Courts isMarketing Order Administration given to aliens who are parties inBranch, Fruit and Vegetable Division, Executive Office for Immigration immigration proceedings in anAMS, USDA, P.O. Box 96456, Room Review; List of Free Legal Services Immigration Court. This rule amends2525–S, Washington, DC 20090–6456; Providers the present regulation by permittingtelephone (202) 720–2491; fax (202) attorneys who provide free legal AGENCY: Executive Office for720–5698. services to indigent aliens to apply to be Immigration Review, Justice.SUPPLEMENTARY INFORMATION: ACTION: Final rule. included on the list of free legal services providers.Background SUMMARY: This final rule transfers the In response to the above rulemaking, The final rule that is subject to this responsibility for maintaining the list of EOIR received two comments. Onecorrection changed several requirements organizations providing free legal commenter noted that there may becovering disposition of inedible services in immigration proceedings areas where Immigration Courts are
9072 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulationslocated but where no organizations or list. The commenter therefore suggested List of Subjectsattorneys are available to represent that the rule be amended to include 8 CFR Part 3aliens on a pro bono basis. The additional organizations that providecommenter suggested that the referral services for indigent aliens. Administrative practice andImmigration Courts should also procedure, Immigration, Lawyers, While the purpose of this regulationmaintain lists of private attorneys who Organizations and functions is to enhance the opportunities for (Government agencies), Reporting andregularly practice before each of the indigent aliens to find free legal counsel recordkeeping requirements.Courts. Such lists could be distributed by expanding the list of organizationsto aliens in need of counsel, and any 8 CFR Part 103 and attorneys who are willing tolicensed attorney would be able to placehis or her name on the lists. represent them on a pro bono basis, Administrative practice and However, EOIR has promulgated this EOIR also recognizes the need to ensure procedure, Authority delegationsrule in order to enhance the that only organizations with bona fide (Government agencies), Freedom ofopportunities for indigent aliens to find referral services be included on the list. Information, Privacy, Reporting andfree legal counsel by providing them Therefore, the rule has been amended to recordkeeping requirements, Suretywith a list of organizations and allow organizations that operate referral bonds.attorneys who are willing to represent services to apply to be on the list and to allow the Chief Immigration Judge to 8 CFR Part 212them on a pro bono basis. Moreover, thestatutory basis to formulate and exercise his or her discretion in ruling Administrative practice andmaintain such lists requires that the lists on such applications. procedure, Aliens, Immigration,be maintained for this purpose. See 8 Passports and visas, Reporting and Finally, this rule furthersU.S.C. 1252(b)(2). Therefore, this recordkeeping requirements. implementation of section 604(d)(4) ofsuggestion will not be adopted. the Illegal Immigration Reform and 8 CFR Part 235 The same commenter also inquired as Immigrant Responsibility Act of 1996,to whether an attorney must accept a Administrative practice and Pub. L. 104–208, by having the list of procedure, Aliens, Immigration,certain number of pro bono cases in free legal services providers maintained Reporting and recordkeepingorder to be included on the list of free by the Chief Immigration Judge include requirements.legal services providers, and whether an a list of persons who have indicatedattorney would be prohibited from 8 CFR Part 236accepting any cases, or a certain their availability to represent aliens inpercentage of cases, for a fee. EOIR does asylum proceedings on a pro bono basis. Administrative practice andnot believe it is necessary or advisable Although the rule requires that an procedure, Aliens, Immigration.to require an attorney to accept a organization or attorney file an 8 CFR Part 242specific number or percentage of cases application requesting to be placed on Administrative practice andon a pro bono basis in order to be the list of free legal services providers, procedure, Aliens.included on the list of free legal services there is no specific application formproviders. Nor will an attorney included being used for this request at the present 8 CFR Part 287on the list be precluded from accepting time. Further, any organization that is Immigration, Law enforcementcases for a fee. An attorney included on on the current list of free legal services officers.the list may continue serving a wide providers will not need to apply at thisrange of paying clients as long as he or time to be included on the new list. All 8 CFR Part 292she agrees to represent indigent aliens organizations on the current list will be Administrative practice andon a pro bono basis. However, if it contacted by the Office of the Chief procedure, Immigration, Lawyers,comes to EOIR’s attention that an Immigration Judge, or his or her Reporting and recordkeepingattorney who is included on the list is designee, to determine if they intend to requirements.not, in fact, accepting cases on behalf of remain on the list and to verifyindigent aliens on a pro bono basis, the identifying information, such as address 8 CFR Part 292aregulation provides that the Chief and telephone number. Any Aliens, Legal services.Immigration Judge, or his or her organizations that cannot be reached Accordingly and under the authoritydesignee, may remove the attorney’s will not be included on the new list. of 8 U.S.C. 1103, chapter I of title 8 ofname from the list after giving the the Code of Federal Regulations isattorney notice and an opportunity to In accordance with 5 U.S.C. 605(b), the Attorney General certifies that this amended as follows:answer. Moreover, this issue is subjectto further review if necessary to rule does not have a significant adverse PART 3—EXECUTIVE OFFICE FOReliminate any abuses. economic impact on a substantial IMMIGRATION REVIEW The other commenter expressed number of small entities. The Attorneyconcern that the proposed rule provided General has determined that this rule is 1. The authority citation for part 3that only an organization that has on its not a significant regulatory action under continues to read as follows:staff, or retains at no expense to the Executive Order No. 12866, and Authority: 5 U.S.C. 301; 8 U.S.C. 1103,alien, an attorney who is available to accordingly this rule has not been 1252 note, 1252b, 1362; 28 U.S.C. 509, 510,render free legal services, or a bar reviewed by the Office of Management 1746; Sec. 2, Reorg. Plan No. 2 of 1950, 3 CFRassociation that provides a referral and Budget. This rule has no Federalism 1949–1953 Comp., p. 1002.service of attorneys who render pro implications warranting the preparation 2. Section 3.1 is amended by addingbono assistance, may apply to be of a Federalism Assessment in a new paragraph (b)(11) to read asincluded on the list of free legal services accordance with section 6 of Executive follows:providers, while organizations other Order No. 12612. The rule merits thethan bar associations that provide applicable standards provided in § 3.1 General authorities.referral services for indigent aliens sections 3(a) and 3(b)(2) of Executive * * * * *could not apply to be included on the Order No. 12988. (b) * * *
Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations 9073 (11) Decisions on applications from (2) At least one accredited Each submission must be identified byorganizations or attorneys requesting to representative, as defined in the notation ‘‘Application for Free Legalbe included on a list of free legal § 292.1(a)(4) of this chapter, who is Services Providers List’’ on theservices providers and decisions on authorized to practice before the Board envelope, and must also indicate if theremovals therefrom pursuant to § 3.65. and Immigration Courts. organization or attorney is willing to* * * * * (b) Organizations not recognized represent indigent aliens in asylum under § 292.2. An organization that is proceedings.Subpart D [Added and Reserved] not recognized under § 292.2 of this (b) Organizations recognized under chapter that seeks to have its name § 292.2. An organization that is 3. Subpart D is added and reserved. appear on the list of free legal services recognized under § 292.2 of this chapter 4. A new Subpart E is added to read providers maintained by the Chief must submit a declaration signed by anas follows: Immigration Judge must declare that: authorized officer of the organizationSubpart E—List of Free Legal Services (1) It is established in the United which states that the organizationProviders States; complies with all of the qualificationsSec. (2) It provides free legal services to set forth in § 3.62(a).3.61 List. indigent aliens; and (c) Organizations not recognized3.62 Qualifications. (3) It has on its staff, or retains at no under § 292.2. An organization that is3.63 Applications. expense to the alien, an attorney, as not recognized under § 292.2 of this3.64 Approval and denial of applications. defined in § 1.1(f) of this chapter, who chapter must submit a declaration3.65 Removal of an organization or attorney is available to render such free legal signed by an authorized officer of the from list. services by representation in organization which states that the immigration proceedings. organization complies with all of theSubpart E—List of Free Legal Services (c) Bar associations. A bar associationProviders qualifications set forth in § 3.62(b). that provides a referral service of (d) Attorneys. An attorney must:§ 3.61 List. attorneys who render pro bono (1) Submit a declaration that states (a) The Chief Immigration Judge shall assistance to aliens in immigration that:maintain a current list of organizations proceedings may apply to have its name (i) He or she provides free legaland attorneys qualified under this appear on the list of free legal services services to indigent aliens;subpart which provide free legal providers maintained by the Chief (ii) He or she is willing to representservices. This list, which shall be Immigration Judge. Any other indigent aliens in immigrationupdated not less than quarterly, shall be organization that provides such a proceedings pro bono; andprovided to aliens in immigration referral service may also apply to have (iii) He or she is not under any orderproceedings. The Chief Immigration its name appear on the list of free legal of any court suspending, enjoining,Judge may designate an employee or services providers, and may, in the sole restraining, disbarring, or otherwiseemployees to carry out his or her discretion of the Chief Immigration restricting him or her in the practice ofresponsibilities under this subpart. Judge, be included on the list. law; andOrganizations and attorneys may be (d) Attorneys. An attorney, as defined (2) Include the attorney’s bar number,included on the list of free legal services in § 1.1(f) of this chapter, who seeks to if any, from each bar of the highest courtproviders if they qualify under one of have his or her name appear on the list of the state, possession, territory, orthe following categories: of free legal services providers commonwealth in which he or she is (1) Organizations recognized under maintained by the Chief Immigration admitted to practice law.§ 292.2 of this chapter that meet the Judge must declare in his or her (e) Changes in addresses or status.qualifications set forth in § 3.62(a) and application that he or she provides free Organizations and attorneys referred towhose representatives, if any, are legal services to indigent aliens and that in this subpart are under a continuingauthorized to practice before the Board he or she is willing to represent indigent obligation to notify the Chiefand Immigration Courts; aliens in immigration proceedings pro Immigration Judge, in writing, within (2) Organizations not recognized bono. An attorney under this section ten business days, of any change ofunder § 292.2 of this chapter that meet may not receive any direct or indirect address, telephone number, orthe qualifications set forth in § 3.62(b); remuneration from indigent aliens for qualifying or professional status. Failure (3) Bar associations that meet the representation in immigration to notify the Chief Immigration Judge ofqualifications set forth in § 3.62(c); and proceedings, although the attorney may any such change may result in the name (4) Attorneys, as defined in § 1.1(f) of be regularly compensated by the firm or of the organization or attorney beingthis chapter, who meet the organization with which he or she is removed from the list.qualifications set forth in § 3.62(d). associated. § 3.64 Approval and denial of applications. (b) The listing of an organization § 3.63 Applications. The Court Administrator of thequalified under this subpart is notequivalent to recognition under § 292.2 (a) Generally. In order to qualify to Immigration Court having jurisdictionof this chapter. appear on the list of free legal services over each locality where an organization providers maintained by the Chief or attorney provides free legal services§ 3.62 Qualifications. Immigration Judge under this subpart, shall forward a recommendation for (a) Organizations recognized under an organization or attorney must file an approval or denial of each application§ 292.2. An organization that is application requesting to be placed on submitted by the organization orrecognized under § 292.2 of this chapter the list. This application must be filed attorney, and the reasons therefor, to thethat seeks to have its name appear on with the Office of the Chief Immigration Chief Immigration Judge. The Chiefthe list of free legal services providers Judge, along with proof of service on the Immigration Judge shall have themaintained by the Chief Immigration Court Administrator of the Immigration authority to approve or deny anJudge must have on its staff: Court having jurisdiction over each application submitted by an (1) An attorney, as defined in § 1.1(f) locality where the organization or organization or an attorney pursuant toof this chapter; or attorney provides free legal services. § 3.63. If an application is denied, the
9074 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulationsorganization or attorney shall be PART 103—POWERS AND DUTIES OF PART 242—PROCEEDINGS TOnotified of the decision in writing, at the SERVICE OFFICERS; AVAILABILITY DETERMINE DEPORTABILITY OForganization’s or attorney’s last known OF SERVICE RECORDS ALIENS IN THE UNITED STATES:address, and shall be given a written APPREHENSION, CUSTODY,explanation of the grounds for such 5. The authority citation for part 103 HEARING, AND APPEALdenial. A denial must be based on the continues to read as follows: 13. The authority citation for part 242failure of the organization or attorney to Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. continues to read as follows:meet the qualifications and/or to 1101, 1103, 1201, 1252 note, 1252b, 1304,comply with the procedures set forth in 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR Authority: 8 U.S.C. 1103, 1182, 1186a, 14874, 15557, 3 CFR 1982 Comp. p. 166; 8 1251, 1252, 1252 note, 1252a, 1252b, 1254,this subpart. The organization or 1362; 8 CFR part 2.attorney shall be advised of its, his or CFR part 2.her right to appeal this decision to the § 103.1 [Amended] § 242.1 [Amended]Board of Immigration Appeals in 14. In § 242.1, paragraph (c) isaccordance with § 3.1(b) and 6. Section 103.1 is amended by amended in the fourth sentence by§ 103.3(a)(1)(ii) of this chapter. removing and reserving paragraph removing the word ‘‘programs’’ and (f)(3)(iii)(U). adding ‘‘provided by organizations and§ 3.65 Removal of an organization or attorneys’’ in its place and by revisingattorney from list. PART 212—DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; the reference to ‘‘part 292a of this (a) Involuntary removal. If the Chief WAIVERS; ADMISSION OF CERTAIN chapter’’ to read ‘‘part 3 of this chapter’’.Immigration Judge believes that an INADMISSIBLE ALIENS; PAROLE § 242.2 [Amended]organization or attorney included on the 15. In § 242.2, paragraph (c)(2) islist of free legal services providers no 7. The authority citation for part 212 amended in the third sentence bylonger meets the qualifications set forth continues to read as follows: removing the word ‘‘programs’’ andin this subpart, he or she shall promptly Authority: 8 U.S.C. 1101, 1102, 1103, 1182, adding ‘‘provided by organizations andnotify the organization or attorney in 1184, 1187, 1225, 1226, 1227, 1228, 1252; 8 attorneys’’ in its place and by revisingwriting, at the organization’s or CFR part 2. the reference to ‘‘part 292a of thisattorney’s last known address, of his or chapter’’ to read ‘‘part 3 of this chapter’’.her intention to remove the name of the § 212.6 [Amended] 16. In § 242.2, paragraph (d) isorganization or attorney from the list. 8. In § 212.6, paragraph (d)(1) is amended in the fourth sentence byThe organization or attorney may amended in the third sentence by removing the word ‘‘programs’’ andsubmit an answer within 30 days from removing the word ‘‘programs’’ and adding ‘‘provided by organizations andthe date the notice is served. The adding ‘‘provided by organizations and attorneys’’ in its place and by revisingorganization or attorney must establish attorneys’’ in its place and by revising the reference to ‘‘part 292a of thisby clear, unequivocal, and convincing the reference to ‘‘part 292a of this chapter’’ to read ‘‘part 3 of this chapter’’.evidence that the organization’s or chapter’’ to read ‘‘part 3 of this chapter’’.attorney’s name should not be removed § 242.16 [Amended]from the list. If, after consideration of PART 235—INSPECTION OF PERSONS 17. In § 242.16, paragraph (a) isany answer submitted by the APPLYING FOR ADMISSION amended in the first sentence byorganization or attorney, the Chief removing the word ‘‘programs’’ andImmigration Judge determines that the 9. The authority citation for part 235 adding ‘‘providing by organizations and continues to read as follows; attorneys’’ in its place and by revisingorganization or attorney no longer meetsthe qualifications set forth in this Authority: 8 U.S.C. 1101, 1103, 1182, 1183, the reference to ‘‘part 292a of thissubpart, the Chief Immigration Judge 1201, 1224, 1225, 1226, 1227, 1228, 1252. chapter’’ to read ‘‘part 3 of this chapter’’.shall promptly remove the name of the § 235.6 [Amended] § 242.24 [Amended]organization or attorney from the list of 18. In § 242.24, paragraph (g) isfree legal service providers, the removal 10. In § 235.6, paragraph (a) is amended in the fourth sentence by amended in the first and secondof which will be reflected in the next sentences by revising the phrase ‘‘foundquarterly update, and shall notify the removing the word ‘‘programs’’ and adding ‘‘provided by organizations and on the free legal services list’’ to readorganization or attorney of such removal ‘‘or attorney found on the list of freein writing, at the organization’s or attorneys’’ in its place and by revising the reference to ‘‘part 292a of this legal services providers maintained inattorney’s last known address. accordance with part 3 of this chapter’’.Organizations and attorneys shall be chapter’’ to read ‘‘part 3 of this chapter’’.advised of their right to appeal this PART 236—EXCLUSION OF ALIENS PART 287—FIELD OFFICERS;decision to the Board of Immigration POWERS AND DUTIESAppeals in accordance with § 3.1(b) and 11. The authority citation for part 236§ 103.3(a)(1)(ii) of this chapter. 19. The authority citation for part 287 continues to read as follows: continues to read as follows: (b) Voluntary removal. Any Authority: 8 U.S.C. 1103, 1182, 1224, 1225, Authority: 8 U.S.C. 1103, 1182, 1225, 1226,organization or attorney qualified under 1226, 1362. 1251, 1252, 1357; 8 CFR part 2.this subpart may, at any time, submit awritten request to have its, his or her § 236.2 [Amended] § 287.3 [Amended]name removed from the list of free legal 12. In § 236.2, paragraph (a) is 20. In § 287.3, the sixth sentence isservice providers. Such a request shall amended in the third sentence by amended by removing the wordbe honored, and the name of the removing the word ‘‘programs’’ and ‘‘programs’’ and adding ‘‘provided byorganization or attorney shall promptly adding ‘‘provided by organizations and organizations and attorneys’’ in its placebe removed from the list, the removal of attorneys’’ in its place and by revising and by revising the reference to ‘‘partwhich will be reflected in the next the reference to ‘‘part 292a of this 292a of this chapter’’ to read ‘‘part 3 ofquarterly update. chapter’’ to read ‘‘part 3 of this chapter’’. this chapter’’.
Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations 9075PART 292—REPRESENTATION AND this AD are intended to ensure that the Support for the ProposalAPPEARANCES airplane maintains adequate thrust The commenter supports the decay characteristics in the event of proposed rule. 21. The authority citation for part 292 critical engine failure during takeoff.continues to read as follows: Conclusion DATES: Effective April 4, 1997. Authority: 8 U.S.C. 1103, 1252b, 1362. The incorporation by reference of After careful review of the available 22. Section 292.22 is amended by Lockheed Airplane Flight Manual data, including the comment notedrevising the first sentence in paragraph Supplement 382–16, dated August 11, above, the FAA has determined that air(a) introductory text to read as follows: 1993, as listed in the regulations, was safety and the public interest require the approved previously by the Director of adoption of the rule as proposed.§ 292.2 Organizations qualified for the Federal Register as of August 10,recognition; requests for recognition; Cost Impact 1994 (59 FR 35236, July 11, 1994).withdrawal of recognition; accreditation of There are approximately 112 Modelrepresentatives; roster. ADDRESSES: The service information 382 series airplanes of the affected (a) Qualifications of organizations. A referenced in this AD may be obtained design in the worldwide fleet. The FAAnon-profit religious, charitable, social from Lockheed Aeronautical Systems estimates that 18 airplanes of U.S.service, or similar organization Support Company (LASSC), Field registry will be affected by thisestablished in the United States and Support Department, Dept. 693, Zone proposed AD.recognized as such by the Board may 0755, 2251 Lake Park Drive, Smyrna, The actions that are currentlydesignate a representative or Georgia 30080. This information may be required by AD 95–12–05 takerepresentatives to practice before the examined at the Federal Aviation approximately 8 work hours perService alone or the Service and the Administration (FAA), Transport airplane to accomplish, at an averageBoard (including practice before the Airplane Directorate, Rules Docket, labor rate of $60 per work hour.Immigration Court). * * * 1601 Lind Avenue, SW., Renton, Required parts cost approximately Washington; or at the FAA, Atlanta $90,000 per airplane. Based on these* * * * * Aircraft Certification Office, Small figures, the cost impact on U.S.PART 292a—[REMOVED] Airplane Directorate, Campus Building, operators of the actions currently 1701 Columbia Avenue, Suite 2–160, required is estimated to be $1,628,640, 23. Part 292a is removed. College Park, Georgia; or at the Office of or $90,480 per airplane. Dated: February 24, 1997. the Federal Register, 800 North Capitol Since this new AD only revisesJanet Reno, Street, NW., suite 700, Washington, DC. certain information and part numbers, itAttorney General. FOR FURTHER INFORMATION CONTACT: will impose no new costs to the affected Thomas Peters, Aerospace Engineer, operators.[FR Doc. 97–5039 Filed 2–27–97; 8:45 am] The cost impact figure discussedBILLING CODE 4410–30–M Systems and Flight Test Branch, ACE– 116A, FAA, Atlanta Aircraft above is based on assumptions that no Certification Office, Small Airplane operator has yet accomplished any of Directorate, Campus Building, 1701 the requirements of this AD action, andDEPARTMENT OF TRANSPORTATION that no operator will accomplish those Columbia Avenue, Suite 2–160, College Park, Georgia 30337–2748; telephone actions in the future if this AD were notFederal Aviation Administration adopted. However, the FAA has been (404) 305–7367; fax (404) 305–7348. advised that the only U.S. operator of14 CFR Part 39 SUPPLEMENTARY INFORMATION: A the affected Lockheed Model 382 series[Docket No. 96–NM–35–AD; Amendment proposal to amend part 39 of the Federal airplanes has already equipped half of39–9951; AD 97–05–07] Aviation Regulations (14 CFR part 39) its fleet (9 airplanes) with the valve by superseding AD 95–12–05, housing assembly that is required byRIN 2120–AA64 amendment 39–9255 (60 FR 28715, June this AD. Therefore, the future economic 2, 1995), which is applicable to certain cost of this AD on U.S. operators is nowAirworthiness Directives; Lockheed Lockheed Model 382 series airplanes, only $814,320.Model 382 Series Airplanes was published in the Federal RegisterAGENCY: Federal Aviation on February 21, 1996 (61 FR 6579). The Regulatory ImpactAdministration, DOT. action proposed to supersede AD 95– The regulations adopted herein willACTION: Final rule. 12–05 to continue to require the not have substantial direct effects on the previous revision to the Airplane Flight States, on the relationship between theSUMMARY: This amendment supersedes Manual to require takeoff operation in national government and the States, oran existing airworthiness directive (AD), accordance with revised performance on the distribution of power andapplicable to certain Lockheed Model data. The action also proposed to responsibilities among the various382 series airplanes, that currently continue to require the installation of levels of government. Therefore, inrequires a revision to the Airplane certain valve housings for the propeller accordance with Executive Order 12612,Flight Manual to require takeoff governor on the outboard engines. The it is determined that this final rule doesoperation in accordance with revised action also proposed to revise the not have sufficient federalismperformance data. That AD also requires applicability of the existing AD to implications to warrant the preparationinstallation of certain valve housings for remove certain airplanes, and to revise of a Federalism Assessment.the propeller governor on the outboard references to a certain replacement part For the reasons discussed above, Iengines. This amendment revises the number of a valve housing. certify that this action (1) is not aapplicability of the existing AD to Interested persons have been afforded ‘‘significant regulatory action’’ underremove certain airplanes. This an opportunity to participate in the Executive Order 12866; (2) is not aamendment also revises references to a making of this amendment. Due ‘‘significant rule’’ under DOTcertain replacement part number of a consideration has been given to the Regulatory Policies and Procedures (44valve housing. The actions specified by single comment received. FR 11034, February 26, 1979); and (3)