44406 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

(a) Accomplish the following if the

airplane records indicate that the propeller

has not been removed and re-installed since

the factory installation.

(1) Remove spinner dome, cowling, and

hardware as required to access propeller

attachment bolts.

(2) Reposition the beta system, using beta

positioning tool, and remove the safety wire

from the propeller mounting bolts (part

number (P/N) B3347).

(3) Check the torque level of the P/N B3347

propeller bolts.

(i) If the torque is less than 60 ft-lbs, prior

to further flight, replace the bolts with

another FAA-approved propeller bolt using

the installation procedures and torque

sequence detailed in the Model 1900D

Maintenance Manual (61–10–00) (A/Steps 1,

2, and B/Step 3).

(ii) If torque is 60 ft-lbs or greater, torque

the bolts to a value of 100–105 ft-lbs using

the torque sequence detailed in the Model

1900D Maintenance Manual (61–10–00) (B/

Step 3).

(4) Re-safety wire the propeller bolts and

remove the beta system positioning tool.

(5) Re-install the hardware, the spinner,

and the cowlings.

(b) 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.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Wichita Aircraft

Certification Office, Room 100, 1801 Airport

Rd., Wichita, Kansas 67209. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Wichita Aircraft Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from Wichita Aircraft Certification

Office.

(d) Information related to this AD may be

inspected at the FAA, Central Region, Office

of the Assistant Chief Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

(e) This amendment (39–10111) becomes

effective on September 24, 1997.

Issued in Kansas City, Missouri, on August

14, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–22146 Filed 8–20–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–71–AD; Amendment 39–

10103; AD 97–16–10]

RIN 2120–AA64

Airworthiness Directives; RAPCO, Inc.

Filter, Part Numbers RA–1J4–4, RA–

1J4–6, and RA–1J4–7 From Lot

Numbers 05597, 07797, and 12597

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

97–16–10, which was sent previously to

owners of airplanes known to have

RAPCO, Inc. (RAPCO) in-line pressure

filters installed. This AD requires

removing RAPCO filters with part

numbers (P/N) RA–1J4–4, RA–1J4–6,

and RA–1J4–7 that are from Lot

Numbers 05597, 07797, and 12597.

Recent operator reports and the

manufacturer’s report of several cracked

filter housings on these RAPCO, Inc. inline pressure filters prompted this AD.

The actions specified by this AD are

intended to prevent failure of the flight

instruments during flight because of a

failed in-line pressure filter, which

could cause loss of control of the

airplane.

DATES: Effective September 18, 1997, to

all persons except those to whom it was

made immediately effective by priority

letter AD 97–16–10, issued July 31,

1997, which contained the requirements

of this amendment.

Comments for inclusion in the Rules

Docket must be received on or before

October 17, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 97–CE–71–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Roy

Boffo, Aerospace Engineer, Chicago

Aircraft Certification Office, 2300 E.

Devon, Des Plaines, Illinois 60018,

telephone (847) 294–7564; facsimile

(847) 294–7834.

SUPPLEMENTARY INFORMATION:

Discussion

On July 31, 1997, the FAA issued

priority letter AD 97–16–10, which

applies to certain RAPCO in-line

pressure filters that may be installed on,

but not limited to, the following

airplanes:

Manufacturer Model

Cessna Aircraft Company (Cessna).310R and T310R.

Raytheon Aircraft

Company

(Raytheon) (formerly known as

Beech Aircraft Corporation).

E33A, F33A, V35A,

V35B, 36, A36, 58,

65–B80, 70, 95–

B55, D55, E55.

The New Piper Aircraft, Inc. (Piper).PA–31–300, PA–31–

325, PA–31P, PA–

31P–350, PA–31T,

PA–34–200T.

This priority letter AD results from

recent operator reports and the

manufacturer’s report of several cracked

filter housings on RAPCO, Inc. in-line

pressure filters produced from lot

numbers 05597, 07797, and 12597 with

part numbers (P/N) RA–1J4–4, RA–1J4–

6, and RA–1J4–7. This product is an inline pressure filter used on single and

twin-engine airplanes with pressuredriven primary and standby flight

instruments (attitude gyros). The filters

are designed to remove the carbon

particles between the vacuum pump

outlet and the instrument pressure inlet.

Failure of this filter results in failure of

the flight instruments, which could

cause loss of control of the airplane.

Further investigation has revealed

that some of the plastic filter housings

have cracked during flight when

exposed to high temperatures and low

humidity conditions. The failure is

occurring anytime between 2 and 6

hours time-in-service (TIS). The

manufacturer discovered that the

vendor of the plastic made a

manufacturing change, moving the sonic

weld machine and the housings into a

high humidity area. Apparently, the

sonic weld time was doubled due to a

higher moisture content in the plastic.

This condition leads to brittle plastic

filter housings that crack when exposed

to low humidity/high temperature

ambient conditions.

This condition, if not corrected, could

result in failure of the operators’ flight

instruments during flight.

The FAA’s Determination and

Explanation of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in airplanes that have RAPCO

in-line pressure filters marked with part

numbers RA–1J4–4, RA–1J4–6, or RA–

1J4–7 from Lot Numbers 05597, 07797,

or 12597 installed, the FAA issued

priority letter AD 97–16–10 on July 31,

1997, to prevent failure of the flight
Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44407

instruments during flight because of a

failed in-line pressure filter, which

could cause loss of control of the

airplane. The AD requires removing the

filters from service.

Compliance Time

The compliance time of this AD is

presented in calendar time instead of

hours time-in-service (TIS). The FAA

has determined that a calendar time

compliance is the most desirable

method because of the diversity of the

affected fleet. Therefore, to ensure that

the above-referenced condition is

corrected within a reasonable period of

time, a compliance schedule based upon

calendar time instead of hours TIS is

utilized.

Determination of the Effective Date of

the AD

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 the AD

effective immediately by individual

letters issued on July 31, 1997, to all

known U.S. owners/operators of

airplanes that may have certain RAPCO

in-line pressure filters installed.

These conditions still exist, and the

AD 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 as to all persons.

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 commenter’s 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 rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–CE–71–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

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. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

97–16–10 RAPCO, INC.: Amendment 39–

10103; Docket No. 97-CE–71-AD.

Applicability: Filter Part Numbers (P/N)

RA–1J4–4, RA–1J4–6, or RA–1J4–7 from Lot

Numbers 05597, 07797, or 12597 installed

on, but not limited to, the following

airplanes, certificated in any category:

Manufacturer Model

Cessna Aircraft Company (Cessna).310R and T310R.

Raytheon Aircraft

Company

(Raytheon) (formerly known as

Beech Aircraft Corporation).

E33A, F33A, V35A,

V35B, 36, A36, 58,

65–B80, 70, 95–

B55, D55, E55.

The New Piper Aircraft, Inc. (Piper).PA–31–300, PA–31–

325, PA–31P, PA–

31P–350, PA–31T,

PA–34–200T.

Note 1: This AD applies to each airplane

with one or more of these filters installed that

is 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 (d) 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 within 2 days after

the effective date of this AD or prior to

further flight, whichever occurs later, unless

already accomplished, except to those

operators receiving this action by priority

letter issued July 31, 1997, which made these

actions effective immediately upon receipt.

To prevent failure of the flight instruments

during flight because of a failed in-line

pressure filter, which could cause loss of

control of the airplane, accomplish the

following:

(a) Remove any filter with an applicable

part number and lot number and replace with

an FAA-approved filter that incorporates a

part number (P/N) and lot number not

covered by this AD.

Note 2: RAPCO, Inc. distributed a news

letter entitled RAPCO, Inc Reporter, dated

January 1, 1995, Issue 6, that discusses the

care and maintenance of the in-line filters

and hoses to prevent damage.

(b) Upon the effective date of this AD, no

person may equip an aircraft with any

RAPCO filters marked with P/N RA–1J4–4,

RA–1J4–6, or RA–1J4–7 that are from Lot

Numbers 05597, 07797, or 12597.

Note 3: Production of the affected filters

has ceased. The affected lots were produced
44408 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

in February 1997, and a check of the aircraft

records will give a good indication as to

whether these filters have been installed on

an aircraft.

(c) Special flight permits may be issued for

daytime visual flight rules (VFR) flight only,

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 to accomplish the

requirement of this AD.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Chicago Aircraft

Certification Office, 2300 E. Devon, Des

Plaines, Illinois 60018. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may concur or

comment and then send it to the Manager,

Chicago Aircraft Certification Office.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Chicago Aircraft

Certification Office.

(e) Information related to this AD may be

inspected at the FAA, Central Region, Office

of the Assistant Chief Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

(f) This amendment (39–10103) becomes

effective on September 18, 1997, to all

persons except those persons to whom it was

made immediately effective by priority letter

AD 97–16–10, issued July 31, 1997, which

contained the requirements of this

amendment.

Issued in Kansas City, Missouri, on August

14, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–22147 Filed 8–20–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 125, 129, and 135

[Docket No. 28109; Amendment Nos. 121–

266, 125–30, 129–27, 135–69]

RIN 2120–AF76

Revisions to Digital Flight Data

Recorder Rules

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

Correction

In rule document 97–18514 beginning

on page 38362 in the issue of Thursday,

July 17, 1997, make the following

correction:

FOR FURTHER INFORMATION CONTACT:

[Corrected]

1. On page 38362, in the first column,

under FOR FURTHER INFORMATION

CONTACT: in the sixth line, the telephone

number ‘‘(202) 267–8096’’ should read

‘‘(202) 267–8166’’.

Issued in Washington, DC, on August 15,

1997.

Brenda D. Courtney,

Manager, Aircraft and Airports Rules

Division.

[FR Doc. 97–22262 Filed 8–20–97; 8:45 am]

BILLING CODE 4910–13–M

RAILROAD RETIREMENT BOARD

20 CFR Part 335

RIN 3220–AB30

Sickness Benefits

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board (Board) hereby amends its

regulations under the Railroad

Unemployment Insurance Act (RUIA) to

permit a substance-abuse professional to

execute a statement of sickness in

support of payment of sickness benefits

under the RUIA.

EFFECTIVE DATE: This rule will be

effective September 22, 1997.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Senior Attorney,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611,

(312) 751–4513, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

335.2(a)(2) of the Board’s regulations

provides that in order to be entitled to

sickness benefits under the RUIA, a

claimant must provide a ‘‘statement of

sickness.’’ Section 335.3(a) of the

Board’s regulations lists the individuals

from whom the Board will accept a

statement of sickness. That list does not

currently include a ‘‘substance-abuse

professional’’ (SAP), although

employees may claim sickness benefits

under circumstances resulting from

alcohol or controlled-substances-related

disorders. In providing that an SAP

under this part must meet the

qualifications outlined in the

Department of Transportation (DOT)

regulations at 49 CFR part 40.3, the

Board recognizes the importance of

nationally-accepted standards for SAPs.

The DOT regulations define an SAP as

a licensed physician (Medical Doctor or

Doctor of Osteopathy), a licensed or

certified psychologist, a licensed or

certified social worker, or a licensed or

certified employee assistance

professional. The DOT regulations also

include alcohol and drug abuse

counselors certified by the National

Association of Alcoholism and Drug

Abuse Counselors (NAADAC)

Certification Commission, a national

organization imposing qualification

standards for treatment of alcohol and

drug-related disorders.

Under the DOT regulations, an SAP

must have knowledge of, and clinical

experience in, the diagnosis and

treatment of alcohol and controlled

substances-related disorders.

Accordingly, those individuals who

have the requisite degrees or certificates,

but who lack knowledge and clinical

experience in alcohol and substance

abuse-related disorders, would not meet

the criteria of a qualified SAP under this

part.

The Board published this rule as a

proposed rule on April 18, 1997 (62 FR

19072), and invited comments by June

17, 1997. No comments were received.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulation action for

purposes of Executive Order 12866.

Therefore, no regulatory impact analysis

is required. There are no information

collections associated with this rule.

List of Subjects in 20 CFR Part 335

Railroad employees, Railroad sickness

benefits.

For the reasons set out in the

preamble, title 20, chapter II, part 335 of

the Code of Federal Regulations is

amended as follows:

PART 335—SICKNESS BENEFITS

1. The authority citation for part 335

continues to read as follows:

Authority: 45 U.S.C. 362(i) and 362(l).

2. Section 335.3(a) is amended by

removing ‘‘or’’ at the end of paragraph

(a)(8) of this section, by removing the

period at the end of paragraph (a)(9) of

this section and adding ‘‘; or’’, and by

adding a new paragraph (a)(10) to read

as follows:

§ 335.3 Execution of statement of sickness

and supplemental doctor’s statement.

(a) * * *

(10) A substance-abuse professional as

defined in 49 CFR part 40.3, if the

infirmity involves alcohol or controlled

substances-related disorders.

* * * * *

Dated: August 12, 1997.

By Authority of the Board.