35152 Federal Register / Vol. 68, No. 113 / Thursday, June 12, 2003 / Rules and Regulations

■ Accordingly, part 212 of chapter I of § 235.3(b) or (c) of this chapter and conducted under section 235 or 240 of title 8 of the Code of Federal Regulations paragraph (b) of this section, those the Act and this chapter, or any order is amended as follows: officials listed in paragraph (a) of this of exclusion, deportation, or removal section may, after review of the previously entered shall be executed. If PART 212—DOCUMENTARY individual case, parole into the United the exclusion, deportation, or removal REQUIREMENTS: NONIMMIGRANTS; States temporarily in accordance with order cannot be executed within a WAIVERS; ADMISSION OF CERTAIN section 212(d)(5)(A) of the Act, any reasonable time, the alien shall again be INADMISSIBLE ALIENS; PAROLE alien applicant for admission, under released on parole unless in the opinion ■ 1. The authority citation for part 212 is such terms and conditions, including of the official listed in paragraph (a) of revised to read as follows: those set forth in paragraph (d) of this this section the public interest requires section, as he or she may deem that the alien be continued in custody. Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1225, 1226, appropriate. An alien who arrives at a * * * * * port-of-entry and applies for parole into 1227, 1228; Public Law 107–296, 116 Stat Dated: June 3, 2003. 2135 (6 U.S.C. 1, et seq.); 8 CFR part 2. the United States for the sole purpose of seeking adjustment of status under Tom Ridge, ■ 2. Section 212.5 is amended by: section 245A of the Act, without benefit Secretary of Homeland Security. ■ a. Revising paragraph (a); of advance authorization as described in [FR Doc. 03–14932 Filed 6–10–03; 2:49 pm] ■ b. Revising paragraph (b)(3) paragraph (f) of this section shall be BILLING CODE 4410–10–P introductory text; ■ c. Revising paragraph (b)(5); denied parole and detained for removal ■ d. Revising paragraph (c); in accordance with the provisions of ■ e. Revising paragraph (d) introductory § 235.3(b) or (c) of this chapter. An alien DEPARTMENT OF TRANSPORTATION text; seeking to enter the United States for the ■ f. Revising paragraph (d) (1); and by sole purpose of applying for adjustment Federal Aviation Administration ■ g. Revising paragraph (e)(2)(i). of status under section 210 of the Act The revisions read as follows: shall be denied parole and detained for 14 CFR Part 39 removal under § 235.3(b) or (c) of this [Docket No. 2003–NM–98–AD; Amendment § 212.5 Parole of aliens into the United chapter, unless the alien has been States. 39–13191; AD 2003–12–06] recommended for approval of such (a) The authority of the Secretary to application for adjustment by a consular RIN 2120–AA64 continue an alien in custody or grant officer at an Overseas Processing Office. Airworthiness Directives; Bombardier parole under section 212(d)(5)(A) of the (d) Conditions. In any case where an Act shall be exercised by the Assistant Model CL–600–2C10 (Regional Jet alien is paroled under paragraph (b) or Series 700 & 701) Series Airplanes Commissioner, Office of Field (c) of this section, those officials listed Operations; Director, Detention and in paragraph (a) of this section may AGENCY: Federal Aviation Removal; directors of field operations; require reasonable assurances that the Administration, DOT. port directors; special agents in charge; alien will appear at all hearings and/or deputy special agents in charge; ACTION: Final rule; request for depart the United States when required associate special agents in charge; comments. to do so. Not all factors listed need be assistant special agents in charge; present for parole to be exercised. Those SUMMARY: This amendment adopts a resident agents in charge; field office officials should apply reasonable new airworthiness directive (AD) that is directors; deputy field office directors; discretion. The consideration of all applicable to certain Bombardier Model chief patrol agents; district directors for relevant factors includes: CL–600–2C10 (Regional Jet Series 700 & services; and those other officials as (1) The giving of an undertaking by 701) series airplanes. This action may be designated in writing, subject to the applicant, counsel, or a sponsor to requires a revision to the Airplane the parole and detention authority of the Secretary or his designees. The ensure appearances or departure, and a Flight Manual (AFM) to prohibit Secretary or his designees may invoke, bond may be required on Form I–352 in operations into known or forecast icing in the exercise of discretion, the such amount as may be deemed conditions under certain conditions. authority under section 212(d)(5)(A) of appropriate; This action also requires an inspection the Act. * * * * * to detect damage of the wing anti-ice (b) * * * (e) * * * (WAI) ducts to determine if the external (3) Aliens who are defined as (2)(i) On notice. In cases not covered shrouds of the ducts are open or juveniles in § 236.3(a) of this chapter. by paragraph (e)(1) of this section, upon cracked, and replacement of any The Director, Detention and Removal; accomplishment of the purpose for damaged duct with a new duct or a duct directors of field operations; field office which parole was authorized or when in with the same part number. This action directors; deputy field office directors; the opinion of one of the officials listed also provides for an optional or chief patrol agents shall follow the in paragraph (a) of this section, neither terminating action for the AFM revision guidelines set forth in § 236.3(a) of this humanitarian reasons nor public benefit and inspection. This action is necessary chapter and paragraphs (b)(3)(i) through warrants the continued presence of the to prevent the WAI ducts from (iii) of this section in determining under alien in the United States, parole shall collapsing, cracking, or rupturing, what conditions a juvenile should be be terminated upon written notice to the which could cause leakage of hot air in paroled from detention: alien and he or she shall be restored to the under-floor pressurized area of the * * * * * the status that he or she had at the time fuselage when the anti-ice system is (5) Aliens whose continued detention of parole. When a charging document is turned on. Such leakage of hot air is not in the public interest as served on the alien, the charging results in insufficient heat for the anti- determined by those officials identified document will constitute written notice ice system and consequent aerodynamic in paragraph (a) of this section. of termination of parole, unless degradation. This action is intended to (c) In the case of all other arriving otherwise specified. Any further address the identified unsafe condition. aliens, except those detained under inspection or hearing shall be DATES: Effective June 27, 2003.

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The incorporation by reference of rupture of the WAI ducts, and Explanation of Requirements of Rule certain publications listed in the consequent leakage of hot air in the regulations is approved by the Director under-floor pressurized area of the Since an unsafe condition has been of the Federal Register as of June 27, fuselage when the anti-ice system is identified that is likely to exist or 2003. turned on. Such leakage of hot air develop on other airplanes of the same Comments for inclusion in the Rules results in insufficient heat for the anti- type design registered in the United Docket must be received on or before ice system and consequent aerodynamic States, this AD is being issued to July 14, 2003. degradation. prevent the WAI ducts from collapsing, ADDRESSES: Submit comments in cracking, or rupturing, and consequent TCCA Airworthiness Directive triplicate to the Federal Aviation leakage of hot air in the under-floor Administration (FAA), Transport TCCA issued airworthiness directive pressurized area of the fuselage when Airplane Directorate, ANM–114, CF–2003–07, effective on March 25, the anti-ice system is turned on. Such Attention: Rules Docket No. 2003–NM– 2003, to ensure the continued leakage of hot air results in insufficient 98–AD, 1601 Lind Avenue, SW., airworthiness of these airplanes in heat for the anti-ice system and Renton, Washington 98055–4056. Canada. The Canadian airworthiness consequent aerodynamic degradation. Comments may be inspected at this directive requires an amendment to the This AD requires a revision to the location between 9 a.m. and 3 p.m., Master Minimum Equipment List Limitations Section of the Airplane Monday through Friday, except Federal (MMEL)/Minimum Equipment List Flight Manual (AFM) to prohibit holidays. Comments may be submitted (MEL) to prohibit operations into known operations into known or forecast icing via fax to (425) 227–1232. Comments or forecast icing conditions under conditions under certain conditions. may also be sent via the Internet using certain conditions, and accomplishment This AD also requires accomplishment the following address: 9–anm– of the actions specified in CRJ 700/900 of the actions specified in the service [email protected]. Comments sent Series Regional Jet (Bombardier) Alert bulletin described previously, except as via the Internet must contain ‘‘Docket Service Bulletin A670BA–30–007 described below. No. 2003–NM–98–AD’’ in the subject (described below). line and need not be submitted in Differences Between This AD and triplicate. Comments sent via fax or the Explanation of Relevant Service Service Bulletin/Canadian Internet as attached electronic files must Information Airworthiness Directive be formatted in Microsoft Word 97 or The manufacturer has issued CRJ 700/ 2000 or ASCII text. Operators should note that, although The service information referenced in 900 Series Regional Jet (Bombardier) the service bulletin specifies that the this AD may be obtained from Alert Service Bulletin A670BA–30–007, manufacturer may be contacted for Bombardier, Inc., Canadair, Aerospace Revision A, dated April 15, 2003. The disposition of certain conditions of the Group, P.O. Box 6087, Station Centre- alert service bulletin describes surrounding equipment and structure of ville, Montreal, Quebec H3C 3G9, procedures for a detailed inspection to the external shroud of the WAI ducts, Canada. This information may be detect damage of the four WAI ducts this AD requires the inspection of those examined at the FAA, Transport and to determine if the external shrouds areas to be accomplished per a method Airplane Directorate, 1601 Lind of the ducts are open or cracked, and approved by either the FAA or TCCA (or replacement of any damaged duct with Avenue, SW., Renton, Washington; or at its delegated agent). In light of the type a new duct or a duct with the same part the FAA, New York Aircraft of inspection that will be required to number (P/N) that is free of any dent or Certification Office, 10 Fifth Street, address the identified unsafe condition, Third Floor, Valley Stream, New York; other handling damage. The alert service bulletin also describes and in consonance with existing or at the Office of the Federal Register, bilateral airworthiness agreements, the 800 North Capitol Street, NW., suite procedures for eventual replacement of all four WAI ducts with new ducts. FAA has determined that, for this AD, 700, Washington, DC. an inspection approved by either the FOR FURTHER INFORMATION CONTACT: Dan TCCA classified this service bulletin FAA or TCAA (or its delegated agent) Parrillo, Aerospace Engineer, Systems as mandatory and issued Canadian will be acceptable for compliance with and Flight Test Branch, ANE–172, FAA, airworthiness directive CF–2003–07 to this AD. New York Aircraft Certification Office, ensure the continued airworthiness of 10 Fifth Street, Third Floor, Valley these airplanes in Canada. The Canadian airworthiness directive requires an amendment to the MMEL/ Stream, New York 11581; telephone FAA’s Conclusions (516) 256–7505; fax (516) 568–2716. MEL to prohibit operations into known or forecast icing conditions under SUPPLEMENTARY INFORMATION: Transport This airplane model is manufactured Canada Civil Aviation (TCCA), which is in Canada and is type certificated for certain conditions. In the United States, the airworthiness authority for Canada, operation in the United States under the the MMEL and the MEL are not notified the FAA that an unsafe provisions of section 21.29 of the developed or approved as part of the condition may exist on certain Federal Aviation Regulations (14 CFR certification requirements of the Bombardier Model CL–600–2C10 21.29) and the applicable bilateral airplane. Therefore, in order to prohibit (Regional Jet Series 700 & 701) series airworthiness agreement. Pursuant to operations into known or forecast icing airplanes. TCCA advises that it has this bilateral airworthiness agreement, conditions under certain conditions, the received several reports of failure of the TCCA has kept the FAA informed of the FAA has determined that it is necessary wing anti-ice (WAI) ducts. Failure situation described above. The FAA has to address the identified unsafe analysis indicates that the WAI ducts, examined the findings of TCCA, condition by requiring a revision to the located in the under-floor pressurized reviewed all available information, and Limitations Section of the AFM. In area, can collapse due to insufficient determined that AD action is necessary accordance with 14 CFR 121.628(b)(2), strength for the applied differential for products of this type design that are this AD has the effect of overriding the pressure. This condition, if not certificated for operation in the United MMEL/MEL, so it has the same effect as corrected, could result in cracks or States. the Canadian airworthiness directive.

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Interim Action request to change the service bulletin amends part 39 of the Federal Aviation The FAA is considering further reference as two separate issues. Regulations (14 CFR part 39) as follows: • For each issue, state what specific rulemaking action to supersede this AD change to the AD is being requested. PART 39—AIRWORTHINESS to require replacement of all four WAI • Include justification (e.g., reasons or DIRECTIVES ducts with new ducts per CRJ 700/900 data) for each request. Series Regional Jet (Bombardier) Alert Comments are specifically invited on ■ 1. The authority citation for part 39 Service Bulletin A670BA–30–007, the overall regulatory, economic, continues to read as follows: which would terminate the inspection environmental, and energy aspects of Authority: 49 U.S.C. 106(g), 40113, 44701. and AFM requirements of this AD. the rule that might suggest a need to However, the planned compliance time modify the rule. All comments § 39.13 [Amended] for the replacement is sufficiently long submitted will be available, both before ■ 2. Section 39.13 is amended by adding so that notice and opportunity for prior and after the closing date for comments, the following new airworthiness public comment will be practicable. in the Rules Docket for examination by directive: Changes to 14 CFR Part 39/Effect on the interested persons. A report that AD summarizes each FAA-public contact 2003–12–06 Bombardier, Inc. (Formerly concerned with the substance of this AD Canadair): Amendment 39–13191. On July 10, 2002, the FAA issued a will be filed in the Rules Docket. Docket 2003–NM–98–AD. new version of 14 CFR part 39 (67 FR Commenters wishing the FAA to Applicability: Model CL–600–2C10 47997, July 22, 2002), which governs the acknowledge receipt of their comments (Regional Jet Series 700 & 701) series FAA’s airworthiness directives system. submitted in response to this rule must airplanes, serial numbers 10004 through The regulation now includes material submit a self-addressed, stamped 10119 inclusive; certificated in any category. that relates to altered products, special postcard on which the following Compliance: Required as indicated, unless accomplished previously. flight permits, and alternative methods statement is made: ‘‘Comments to of compliance (AMOC). Because we To prevent the wing anti-ice (WAI) ducts Docket Number 2003–NM–98–AD.’’ The from collapsing, cracking, or rupturing, have now included this material in part postcard will be date stamped and 39, only the office authorized to consequent leakage of hot air in the under- returned to the commenter. floor pressurized area of the fuselage when approved AMOCs is identified in each Regulatory Impact the anti-ice system is turned on, insufficient individual AD. heat for the anti-ice system, and aerodynamic Determination of Rule’s Effective Date The regulations adopted herein will degradation, accomplish the following: not have a substantial direct effect on Since a situation exists that requires the States, on the relationship between Referenced Service Information the immediate adoption of this the national Government and the States, (a) The term ‘‘service bulletin,’’ as used in regulation, it is found that notice and or on the distribution of power and this AD, means the Accomplishment opportunity for prior public comment responsibilities among the various Instructions of CRJ 700/900 Series Regional Jet (Bombardier) Alert Service Bulletin hereon are impracticable, and that good levels of government. Therefore, it is A670BA–30–007, Revision A, dated April 15, cause exists for making this amendment determined that this final rule does not effective in less than 30 days. 2003, including Appendices A and B, dated have federalism implications under March 18, 2003. Comments Invited Executive Order 13132. The FAA has determined that this Airplane Flight Manual (AFM) Revision Although this action is in the form of regulation is an emergency regulation (b) Within 48 hours after the effective date a final rule that involves requirements that must be issued immediately to of this AD, revise the Limitations Section of affecting flight safety and, thus, was not correct an unsafe condition in aircraft, the CRJ 700 AFM to include the following preceded by notice and an opportunity and that it is not a ‘‘significant (this may be accomplished by inserting a for public comment, comments are regulatory action’’ under Executive copy of this AD into the AFM): invited on this rule. Interested persons Order 12866. It has been determined ‘‘1. Anti-Ice Bleed Leak Detection Controller (AILC) Channels (see Note 1): are invited to comment on this rule by further that this action involves an Flight with ‘‘WING A/I FAULT’’ status submitting such written data, views, or emergency regulation under DOT arguments as they may desire. message on the engine indication and crew Regulatory Policies and Procedures (44 alerting system (EICAS) is not authorized, Communications shall identify the FR 11034, February 26, 1979). If it is except as follows: Rules Docket number and be submitted determined that this emergency One may be inoperative as indicated by in triplicate to the address specified regulation otherwise would be ‘‘WING A/I FAULT’’ status message on under the caption ADDRESSES. All significant under DOT Regulatory EICAS provided: communications received on or before Policies and Procedures, a final (a) Wing Anti-Ice switch is selected OFF, the closing date for comments will be regulatory evaluation will be prepared and considered, and this rule may be and placed in the Rules Docket. A copy (b) Operations are not conducted into amended in light of the comments of it, if filed, may be obtained from the known or forecast icing conditions. received. Factual information that Rules Docket at the location provided 2. Wing/Fuselage Anti-Ice Bleed Leak Detection Loops (see Note 1): supports the commenter’s ideas and under the caption ADDRESSES. suggestions is extremely helpful in Flight with Wing/Fuselage Anti-Ice Bleed evaluating the effectiveness of the AD List of Subjects in 14 CFR Part 39 Leak Detection Loops inoperative is not authorized, except as follows: action and determining whether Air transportation, Aircraft, Aviation One loop (A or B) may be inoperative additional rulemaking action would be safety, Incorporation by reference, provided: needed. Safety. (a) Wing Anti-Ice switch is selected OFF, Submit comments using the following Adoption of the Amendment and format: (b) Operations are not conducted into • Organize comments issue-by-issue. ■ Accordingly, pursuant to the authority known or forecast icing conditions. For example, discuss a request to delegated to me by the Administrator, Note 1: This limitation supersedes the change the compliance time and a the Federal Aviation Administration Master Minimum Equipment List (MMEL).’’

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Detailed Inspection and Corrective Actions if Appendices A and B, dated March 18, 2003. the proposed AD are intended to Necessary This incorporation by reference was prevent propeller separation due to hub (c) Within 150 flight hours after the approved by the Director of the Federal fatigue cracking, which can result in effective date of this AD, do a detailed Register in accordance with 5 U.S.C. 552(a) loss of control of the airplane. and 1 CFR part 51. Copies may be obtained inspection to detect damage of the four WAI DATES: Effective July 17, 2003. The ducts and to determine if the external from Bombardier, Inc., Canadair, Aerospace shrouds of the WAI ducts are open or Group, P.O. Box 6087, Station Centre-ville, incorporation by reference of certain cracked, per the alert service bulletin. Montreal, Quebec H3C 3G9, Canada. Copies publications listed in the regulations is (1) If no discrepancy is found, no further may be inspected at the FAA, Transport approved by the Director of the Federal action is required by this AD. Airplane Directorate, 1601 Lind Avenue, Register as of July 17, 2003. (2) If any external shroud of a WAI duct SW., Renton, Washington; or at the FAA, ADDRESSES: The service information is found open or cracked, before further New York Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New referenced in this AD may be obtained flight, inspect the surrounding equipment from McCauley Propeller Systems, 3535 and structure per a method approved by the York; or at the Office of the Federal Register, Manager, New York Aircraft Certification 800 North Capitol Street, NW., suite 700, McCauley Drive, PO Drawer 5053, Office, FAA, or Transport Canada Civil Washington, DC. Vandalia, OH 45377–5053; telephone: Aviation (TCCA) (or its delegated agent). Note 2: The subject of this AD is addressed 937–890–5246; fax: 937–890–6001. This (3) If any damaged WAI duct is found, in Canadian airworthiness directive CF– information may be examined, by before further flight, replace the WAI duct 2003–07, effective on March 25, 2003. appointment, at the FAA, New England with a new duct or a duct with the same part Region, Office of the Regional Counsel, number (P/N) that is free of any dent, crease, Effective Date 12 New England Executive Park, or other handling damage, per the alert (h) This amendment becomes effective on Burlington, MA; or at the Office of the service bulletin. June 27, 2003. Federal Register, 800 North Capitol Note 1: For the purposes of this AD, a Issued in Renton, Washington, on June 5, Street, NW., suite 700, Washington, DC. detailed inspection is defined as: ‘‘An 2003. intensive visual examination of a specific FOR FURTHER INFORMATION CONTACT: structural area, system, installation, or Ali Bahrami, Timothy Smyth, Aerospace Engineer, assembly to detect damage, failure, or Acting Manager, Transport Airplane Chicago Aircraft Certification Office, irregularity. Available lighting is normally Directorate, Aircraft Certification Service. FAA, Small Airplane Directorate, 2350 supplemented with a direct source of good [FR Doc. 03–14676 Filed 6–11–03; 8:45 am] East Devon Avenue, Room 323, Des lighting at intensity deemed appropriate by BILLING CODE 4910–13–P Plaines, IL 60018; telephone: (847) 294– the inspector. Inspection aids such as mirror, 7132; fax: (847) 294–7834. magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures SUPPLEMENTARY INFORMATION: A may be required.’’ DEPARTMENT OF TRANSPORTATION proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) Federal Aviation Administration Optional Terminating Action by superseding AD 97–06–16, (d) Replacement of all four WAI ducts with Amendment 39–9973 (62 FR 16064, 14 CFR Part 39 new ducts having P/N GG670–80504–5 or –6, April 4, 1997), which is applicable to or P/N GG670–80312–3 or –4, as applicable, [Docket No. 97–ANE–06–AD; Amendment McCauley Propeller Systems 1A103/ per the service bulletin, terminates the 39–13190; AD 2003–12–05] TCM series propellers, was published in requirements of this AD. After doing the replacement, the AFM revision required by RIN 2120–AA64 the Federal Register on September 27, paragraph (b) of this AD may be removed. 2002 (67 FR 61043). That action Airworthiness Directives; McCauley proposed to require: Reporting Requirement Propeller Systems 1A103/TCM Series • An initial inspection for cracks in (e) Submit a report of the results of the Propellers the propeller hub in accordance with a inspection required by paragraph (c) of this dye penetrant inspection procedure. AD per the alert service bulletin specified in AGENCY: Federal Aviation • Replacement of propellers with paragraph (c) of this AD. Information Administration, DOT. cracks that do not meet acceptable collection requirements contained in this AD ACTION: Final rule. limits. have been approved by the Office of • Management and Budget (OMB) under the Rework of propellers with cracks SUMMARY: provisions of the Paperwork Reduction Act of This amendment supersedes that meet acceptable limits. 1980 (44 U.S.C. 3501 et seq.) and have been an existing airworthiness directive (AD), • Painting of the propeller hub before assigned OMB Control Number 2120–0056. that is applicable to McCauley Propeller installation of the propeller. (1) If the inspection was done after the Systems 1A103/TCM series propellers. • Repetitive inspections of all effective date of this AD: Submit the report That AD currently requires an initial affected propellers. within 14 days after the inspection. inspection for cracks in the propeller • Installation of a steel backing plate (2) If the inspection was accomplished hub in accordance with a dye penetrant and Mylar gasket during installation of prior to the effective date of this AD: Submit inspection procedure, replacement of the propeller. the report within 14 days after the effective propellers with cracks that do not meet date of this AD. These actions must be done in acceptable limits, rework of propellers accordance with McCauley Propeller Alternative Methods of Compliance with cracks that meet acceptable limits, Systems Alert Service Bulletin (ASB) (f) In accordance with 14 CFR 39.19, the and repetitive inspections of all affected 221C, dated September 7, 1999. Manager, New York ACO, FAA, is authorized propellers. This amendment allows to approve alternative methods of additional rework operations to be Comments compliance for this AD. performed at more than one bolt hole Interested persons have been afforded Incorporation by Reference location. This amendment is prompted an opportunity to participate in the (g) Unless otherwise specified in this AD, by the need to clarify the requirement to making of this amendment. Due the actions must be done per CRJ 700/900 use a steel backing plate and Mylar consideration has been given to the Series Regional Jet (Bombardier) Alert gasket during installation of the comments received. Service Bulletin A670BA–30–007, Revision propeller, and to relax the replacement One commenter agrees with the A, dated April 15, 2003, including requirements. The actions specified in NPRM as written.

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