Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 47933

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–SW–04–AD; Amendment

39–10130; AD 97–19–10]

RIN 2120–AA64

Airworthiness Directives; Sikorsky

Aircraft-Manufactured Model S–64E

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Sikorsky Aircraftmanufactured Model S–64E and S–64F

helicopters, that currently requires

initial and repetitive inspections of the

main gearbox assembly second stage

lower planetary plate (plate) for cracks,

and removal and replacement of the

plate if cracks are found; and daily

inspections of certain main transmission

oil filter packs for magnesium chips,

and removal and replacement of the

main transmission if chips are found.

The AD also provides for reworking and

re-identifying the plate, as well as

establishes a retirement life for the

plate, including those that have been

reworked and re-identified. This

amendment requires, for Model S–64E

helicopters, inspections and rework of

the plate and establishes a new

retirement life for the plate. This

amendment is prompted by the type

certificate holder’s reports that four

plates were discovered to have cracks,

three of which had been reworked in

accordance with the existing AD. The

actions specified by this AD are

intended to add another plate to the

applicability of the AD, remove the

requirements of AD 77–20–01 for the

Model S–64F and prevent failure of the

plate on the Model S–64E due to fatigue

cracking, which could lead to failure of

the main gearbox and subsequent loss of

control of the helicopter.

DATES: Effective October 17, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of October 17,

1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Erickson Air-Crane Co., 3100

Willow Springs Rd., P.O. Box 3247,

Central Point, OR 97502. This

information may be examined at the

FAA, Office of the Assistant Chief

Counsel, 2601 Meacham Blvd., Room

663, Fort Worth, Texas; or at the Office

of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Uday Garadi, Aerospace Engineer, FAA,

Rotorcraft Directorate, Rotorcraft

Certification Office, 2601 Meacham

Blvd., Fort Worth, Texas 76137;

telephone (817) 222–5157, fax (817)

222–5783.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 77–20–01,

Amendment 39–3045 (42 FR 51565,

September 29, 1977), which was revised

by Amendment 39–3064 (42 FR 56600,

October 27, 1977), and is applicable to

Sikorsky Aircraft-manufactured Model

S–64E and S–64F helicopters, was

published in the Federal Register on

October 11, 1996 (61 FR 53339). That

action proposed to require, at 1,300

hours time-in-service (TIS), a

fluorescent magnetic particle inspection

of the plate, part number (P/N) 6435–

20229–102, for cracks, replacement of

the plate if a crack is found, and

reworking the plate if no crack is found.

The action also proposed to require, at

1,500 hours TIS, and thereafter at

intervals not to exceed 70 hours TIS, for

reworked plate, P/N 6435–20229-102,

reidentified as P/N 6435–20229–102-

TS–107 after rework, and for plate, P/N

6435-20229–104, a borescope inspection

for cracks and replacement of the plate

if a crack is found. Finally, it was

proposed that these part-numbered

plates be retired upon reaching 2,600

hours TIS.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

One commenter states that the AD

should not be applicable to Model S64F

helicopters as in the existing AD

because of differences in part numbers

between that model helicopter and the

Model S64E helicopter. The FAA

concurs, and did not include Model

S64F helicopters in the applicability

portion of the proposal, nor in this final

rule.

A second commenter addressed

restricted category Model CH54A

helicopters. This AD does not affect

those model helicopters—only Model

S64E helicopters. The FAA anticipates

issuing another AD applicable to Model

CH54A helicopters at a later date.

After careful review of the available

data, including the comments

previously noted, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for adding

‘‘reidentified as’’ prior to P/N 6435–

20229–102-TS–107, and ‘‘after rework’’

after that P/N. The FAA has determined

that these non-substantive changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

The FAA estimates that 8 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately 8

work hours per helicopter to accomplish

the inspections and 56 hours to remove

and replace the main gearbox assembly,

if necessary, and that the average labor

rate is $60 per work hour. Required

parts will cost $8,000 per helicopter.

Based on these figures, the total cost

impact of this AD on U.S. operators is

estimated to be $94,720; $3,840 to

accomplish the inspections, and

$90,880 to replace the plate in the main

gearbox assembly in all 8 helicopters, if

necessary.

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:
47934 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–3045 (42 FR

51565, September 29, 1977) and 39–

3064 (42 FR 56600, October 27, 1977),

and by adding a new airworthiness

directive (AD), Amendment 39–10130,

to read as follows:

97–19–10 Erickson Air-Crane Co.:

Amendment 39–10130. Docket No. 96–

SW–04–AD. Supersedes AD 77–20–01,

Amendment 39–3045 and Amendment

39–3064.

Applicability: Sikorsky Aircraftmanufactured Model S–64E helicopters, with

main gearbox assembly second stage lower

planetary plate (plate), part number (P/N)

6435–20229–102, reidentified as P/N 6435–

20229–102–TS–107 after rework, or P/N

6435–20229–104, installed, certificated in

any category.

Note 1: This AD applies to each helicopter

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

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (d) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the plate due to

fatigue cracking, which could lead to failure

of the main gearbox and subsequent loss of

control of the helicopter, accomplish the

following:

(a) For plate, part number (P/N) 6435–

20229–102 and P/N 6435–20229–102–TS–

107, at 1,300 hours total time-in-service

(TIS), inspect and rework or replace the

plate, as appropriate, in accordance with the

Accomplishment Instructions, paragraph 2A.,

steps (1), and (3) through (11), of Erickson

Air-Crane Co. Service Bulletin No. 64B35–

7C, dated November 8, 1995.

(b) For any plate, P/N 6435–20229–102,

that has been reworked and identified with

‘‘TS–107’’, and for plate, P/N 6435–20229–

104, at 1,500 hours TIS and thereafter at

intervals not to exceed 70 hours TIS, inspect

the plate in accordance with the

Accomplishment Instructions, paragraph 2B.,

step (1), of Erickson Air-Crane Co. Service

Bulletin No. 64B35–7C, dated November 8,

1995. If a crack is found, replace the main

gearbox assembly with an airworthy

assembly.

(c) This AD revises the airworthiness

limitation section of the maintenance manual

by establishing a retirement life of 2,600

hours TIS for the main gearbox assembly

second stage planetary plate, P/N 6435–

20229–102, reidentified as P/N 6435–20229–

102–TS–107 after rework, and P/N 6435–

20229–104.

(d) 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, Rotorcraft

Certification Office, Rotorcraft Directorate,

FAA. Operators shall submit their requests

through an FAA Principal Maintenance

Inspector, who may concur or comment and

then send it to the Manager, Rotorcraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Certification

Office.

(e) 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 helicopter

to a location where the requirements of this

AD can be accomplished.

(f) The inspections and rework or

replacement, as necessary, shall be done in

accordance with Erickson Air-Crane Co.

Service Bulletin No. 64B35–7C, dated

November 8, 1995. This incorporation by

reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may be

obtained from Erickson Air-Crane Co., 3100

Willow Springs Rd., P.O. Box 3247, Central

Point, OR 97502. Copies may be inspected at

the FAA, Office of the Assistant Chief

Counsel, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas; or at the Office of the

Federal Register, 800 North Capitol Street,

NW., suite 700, Washington, DC.

(g) This amendment becomes effective on

October 17, 1997.

Issued in Fort Worth, Texas, on September

5, 1997.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–24194 Filed 9–11–97; 8:45 am]

BILLING CODE 4910–13–U

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Parts 202, 230, 232, 239, 270,

and 274

[Release Nos. 33–7448, IC–22815; File No.

S7–19–97]

RIN 3235–AG73

Registration Under the Securities Act

of 1933 of Certain Investment

Company Securities

AGENCY: Securities and Exchange

Commission.

ACTION: Final rules.

SUMMARY: The Commission is amending

the rule and the form under the

Investment Company Act of 1940 that

prescribe the method by which certain

investment companies calculate and pay

registration fees under the Securities

Act of 1933. The amendments

implement the provisions of the

National Securities Markets

Improvement Act of 1996 that simplify

the method of determining the amount

of these fees.

EFFECTIVE DATE: October 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Robin S. Gross, Staff Attorney, Office of

Regulatory Policy at (202) 942–0690, or

Carolyn A. Miller, Senior Financial

Analyst, Office of Financial Analysis at

(202) 942–0513, Division of Investment

Management, Mail Stop 10–2, Securities

and Exchange Commission, 450 Fifth

Street, NW., Washington, DC 20549.

Requests for formal interpretive advice

should be directed to the Office of Chief

Counsel at (202) 942–0659, Division of

Investment Management, Securities and

Exchange Commission, 450 Fifth Street,

NW., Mail Stop 10–6, Washington, DC

20549.

SUPPLEMENTARY INFORMATION: The

Commission today is amending rule

24f–2 [17 CFR 270.24f–2] and Form

24F–2 [17 CFR 274.24] under the

Investment Company Act of 1940 [15

U.S.C. 80a] (the ‘‘Investment Company

Act’’). In addition, the Commission is

amending rule 485 [17 CFR 230.485]

under the Securities Act of 1933 [15

U.S.C. 77a–aa] (the ‘‘Securities Act’’);

Form N–1A [17 CFR 274.11A and

239.15A], Form N–3 [17 CFR 274.11b

and 239.17a], and Form N–4 [17 CFR

274.11c and 239.17b], the registration

forms used by certain types of

investment companies to register under

the Investment Company Act and to

register their securities under the

Securities Act; Form S–6 [17 CFR

239.16], the form used by unit

investment trusts to register their

securities under the Securities Act;