45710 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

25F017A&B (reference Raytheon Service

Bulletin SB.55–36–25F017A&B) has not been

installed; certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Note 2: Raytheon Model BAe 125–800B

series airplanes are similar in design to the

airplanes that are subject to the requirements

of this AD and, therefore, also may be subject

to the unsafe condition addressed by this AD.

However, as of the effective date of this AD,

those models are not type certificated for

operation in the United States. Airworthiness

authorities of countries in which the Model

BAe 125–800B series airplanes are approved

for operation should consider adopting

corrective action, applicable to those models,

that is similar to the corrective action

required by this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent overbias or overbalance of the

rudder, which could result in reduced

controllability of the airplane, accomplish

the following:

(a) Within 100 hours time-in-service or

within 6 months after the effective date of

this AD, whichever occurs first, modify the

rudder in accordance with Raytheon Service

Bulletin SB.55–36–25F017A&B, dated April

15, 1996.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Wichita

Aircraft Certification Office (ACO), FAA,

Small Airplane Directorate. Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Wichita ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) The modification shall be done in

accordance with Raytheon Service Bulletin

SB.55–36–25F017A&B, dated April 15, 1996.

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 Raytheon Aircraft Company, Manager

Service Engineering, Hawker Customer

Support Department, P.O. Box 85, Wichita,

Kansas 67201–0085. Copies may be inspected

at the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Wichita Aircraft

Certification Office, Small Airplane

Directorate, 1801 Airport Road, Room 100,

Mid-Continent Airport, Wichita, Kansas; or at

the Office of the Federal Register, 800 North

Capitol Street, NW., Suite 700, Washington,

DC.

(e) This amendment becomes effective on

October 3, 1997.

Issued in Renton, Washington, on August

25, 1997.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–23102 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–41–AD; Amendment

39–10119; AD 97–18–09]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A310 and A300–600 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to all Airbus Model A310

and A300–600 series airplanes, that

currently requires a revision to the

Airplane Flight Manual (AFM) that

warns the flight crew of certain

consequences associated with

overriding the autopilot when it is in

the pitch control axis. That AD also

requires modification of certain flight

control computers (FCC). That AD was

prompted by the results of an FAA

review of the requirements of an earlier

AD. This amendment requires a

modification to the autopilot that would

enable the flight crew to disconnect the

autopilot when direct force is applied to

the control column, regardless of its

mode and the altitude of the airplane;

accomplishment of that modification

terminates the current requirement to

revise the AFM. This amendment also

requires repetitive operational testing of

the modified autopilot to determine if

the disconnect function operates

properly, and repair, if necessary. The

actions specified by this AD are

intended to prevent an out-of-trim

condition between the trimmable

horizontal stabilizer and the elevator,

which could severely reduce

controllability of the airplane.

DATES: Effective October 3, 1997.

The incorporation by reference of

certain publications, as listed in the

regulations, is approved by the Director

of the Federal Register as of October 3,

1997.

The incorporation by reference of

certain other publications listed in the

regulations was approved previously by

the Director of the Federal Register as of

May 23, 1996 (61 FR 16873, April 18,

1996).

ADDRESSES: The service information

referenced in this AD may be obtained

from Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Charles Huber, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2589; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 96–08–07,

amendment 39–9573 (61 FR 16873,

April 18, 1996), which is applicable to

all Airbus Model A310 and A300–600

series airplanes, was published in the

Federal Register on April 9, 1997 (62 FR

17131). The action proposed to

supersede AD 96–08–07 to continue to

require a revision to the Limitations

Section of the AFM that warns the flight

crew of certain consequences associated

with overriding the autopilot when it is

in the pitch control axis, and

modification of certain FCC’s.

The action also proposed to require a

modification to the autopilot that would

enable the flight crew to manually

disconnect it, regardless of the autopilot

mode and the altitude of the airplane.

After this modification has been

accomplished, the action proposed to

require removal of the revision to the

AFM that is currently required by AD

96–08–07. In addition, the action

proposed to require repetitive

operational testing of the modified

autopilot to determine if the disconnect

function operates properly, and repair,

if necessary.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 45711

consideration has been given to the two

comments received.

Both commenters support the

proposed rule.

Clarification of Requirements of the

Final Rule

The FAA has revised paragraph

(d)(2)(ii) of this final rule to clarify that

the operational test applies to the

autopilot disconnect feature.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 77 Airbus

Model A300–600 and A310 series

airplanes of U.S. registry that will be

affected by this proposed AD.

The modification of certain FCC’s that

is required by AD 96–08–07 takes

approximately 1 work hour per airplane

to accomplish, at an average labor rate

of $60 per work hour. Required parts

will be supplied by the manufacturer at

no cost to operators. Based on these

figures, the cost impact of the currently

required modification on U.S. operators

is estimated to be $4,620, or $60 per

airplane.

The AFM revision that is required by

AD 96–08–07 takes approximately 1

work hour per airplane to accomplish,

at an average labor rate of $60 per work

hour. Based on these figures, the cost

impact of the currently required AFM

revision on U.S. operators is estimated

to be $4,620, or $60 per airplane.

The modification of the autopilot that

is currently required by this new AD

will take approximately 25 work hours

per airplane to accomplish, at an

average labor rate of $60 per work hour.

Required parts will cost approximately

$1,578 per airplane. Based on these

figures, the cost impact of the new

modification requirement of this AD on

U.S. operators is estimated to be

$237,006, or $3,078 per airplane.

The operational test that is currently

required by this new AD will take

approximately 7 work hours per

airplane, per test cycle, to accomplish,

at an average labor rate of $60 per work

hour. Based on these figures, the cost

impact of the operational test

requirement of this AD on U.S.

operators is estimated to be $32,340 per

test cycle, or $420 per airplane, per test

cycle.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the rules docket. A copy of

it may be obtained from the rules docket

at the location provided under the

caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

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

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–9573 (61 FR

16873, April 18, 1996), and by adding

a new airworthiness directive (AD),

amendment 39–10119, to read as

follows:

97–18–09 Airbus Industrie: Amendment

39–10119. Docket 97–NM–41–AD.

Supersedes AD 96–08–07, Amendment

39–9573.

Applicability: All Model A300–600 and

A310 series airplanes, certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise 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 (e) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent an out-of-trim condition

between the trimmable horizontal stabilizer

and the elevator, which could severely

reduce controllability of the airplane,

accomplish the following:

Restatement of actions required by AD 96–

08–07, amendment 39–9573:

(a) Within 10 days after May 23, 1996 (the

effective date of AD 96–08–07, amendment

39–9573), revise the Limitations Section of

the FAA-approved Airplane Flight Manual

(AFM) to include the information contained

in paragraph (a)(1) or (a)(2) of this AD, as

applicable. This may be accomplished by

inserting a copy of this AD in the AFM. The

AFM limitation required by AD 94–21–07,

amendment 39–9049, may be removed

following accomplishment of the

requirements of this paragraph.

(1) For airplanes on which the flight

control computers (FCC) have not been

modified in accordance with the

requirements of paragraph (b) of this AD:

‘‘Overriding the autopilot (AP) in pitch axis

does not cancel the AP autotrim when LAND

TRACK mode [green LAND on both Flight

Mode Annunciators (FMA)] or GO-AROUND

mode is engaged. In these modes, if the pilot

counteracts the AP, the autotrim will trim

against pilot input. This could lead to a

severe out-of-trim situation in a critical phase

of flight.’’

(2) For airplanes on which the FCC’s have

been modified in accordance with

requirements of paragraph (b) of this AD:

‘‘Overriding the autopilot (AP) in pitch axis

does not cancel the AP autotrim when LAND

TRACK mode (green LAND on both FMA’s)

is engaged, or GO-AROUND mode is engaged

below 400 feet radio altitude (RA). In these

modes, if the pilot counteracts the AP, the

autotrim will trim against pilot input. This

could lead to a severe out-of-trim situation in

a critical phase of flight.’’

Restatement of actions required by ad 94–

21–07, amendment 39–9049:

(b) For airplanes equipped with FCC’s

having either part number (P/N) B470ABM1

(for Model A310 series airplanes) or

B470AAM1 (for Model A300–600 series

airplanes): Within 60 days after November 2,

1994 (the effective date of AD 94–21–07,

amendment 39–9049), modify the FCC’s in

accordance with Airbus Service Bulletin

A310–22–2036, dated December 14, 1993 (for

Model A310 series airplanes), or Airbus
45712 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

Service Bulletin A300–22–6021, Revision 1,

dated December 24, 1993 (for Model A300–

600 series airplanes), as applicable.

(c) As of November 2, 1994, no person

shall install a FCC having either P/N

B470ABM1 or B470AAM1 on any airplane.

New actions required by this ad:

(d) For airplanes on which Modification

No. 11454 [reference Airbus Service Bulletin

A310–22–2044 (for Model A310 series

airplanes) or Airbus Service Bulletin A300–

22–6032 (for Model A300–600 series

airplanes)] has not been installed:

Accomplish paragraphs (d)(1), (d)(2)(i) and

(d)(2)(ii) of this AD.

(1) Within 24 months after the effective

date of this AD, modify the autopilot in

accordance with Airbus Service Bulletin

A310–22–2044, Revision 1, dated January 8,

1997 (for Model A310 series airplanes), or

Service Bulletin A300–22–6032, Revision 1,

dated January 8, 1997 (for Model A300–600

series airplanes), as applicable. The

requirements of paragraph (a) of AD 95–25–

09, amendment 39–9455, if applicable, must

be accomplished prior to or at the same time

the requirements of this paragraph are

accomplished.

(2) Prior to further flight following

accomplishment of paragraph (d)(1) of this

AD:

(i) Remove the AFM revisions required by

paragraph (b) of this AD; and

(ii) Perform an operational test of this

autopilot disconnect feature to determine

that it operates properly, in accordance with

Airbus Service Bulletin A310–22–2047,

dated July 16, 1996 (for Model A310 series

airplanes), or Service Bulletin A300–22–

6035, dated July 16, 1996 (for Model A300–

600 series airplanes), as applicable. If any

discrepancy is detected, prior to further

flight, repair it in accordance with the

applicable service bulletin. Repeat this test

thereafter at intervals not to exceed 18

months.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(f) 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.

(g) The modification of the FCC’s shall be

done in accordance with Airbus Service

Bulletin A310–22–2036, dated December 14,

1993, or Airbus Service Bulletin A300–22–

6021, Revision 1, dated December 24, 1993,

as applicable. The incorporation by reference

of those documents was approved previously

by the Director of the Federal Register, in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51, as of May 23, 1996 (61 FR 16873,

April 18, 1996). The modification and

operational test of the autopilot shall be done

in accordance with Airbus Service Bulletin

A310–22–2044, Revision 1, dated January 8,

1997; Airbus Service Bulletin A300–22–6032,

Revision 1, dated January 8, 1997; Airbus

Service Bulletin A310–22–2047, dated July

16, 1996; or Airbus Service Bulletin A300–

22–6035, dated July 16, 1996; as applicable.

The incorporation by reference of those

documents 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 Airbus Industrie, 1 Rond

Point Maurice Bellonte, 31707 Blagnac

Cedex, France. Copies may be inspected at

the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(h) This amendment becomes effective on

October 3, 1997.

Issued in Renton, Washington, on August

25, 1997.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–23099 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–13–U

RAILROAD RETIREMENT BOARD

20 CFR Part 261

RIN 3220–AB15

Finality of Decisions Regarding

Railroad Retirement Annuities

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board (Board) hereby adopts regulations

pertaining to the finality of decisions

under the Railroad Retirement Act of

1974 (Act).

EFFECTIVE DATE: This rule will be

effective September 29, 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,

telephone (312) 751–4513, TTD (312)

751–4701.

SUPPLEMENTARY INFORMATION: The

Board’s rules and procedures regarding

the finality of decisions are presently

contained in Board Orders, which are

not readily available to the public. The

Board Order regarding finality of

decisions provides that finality of

certain decisions is based on a number

of factors; adjudication based on these

factors is difficult to administer. Also

the Board Order does not contain any

time limits on reopening.

The regulation addresses the finality

of benefit decisions. This rule is similar

to the regulation of the Social Security

Administration (SSA) entitled

‘‘Reopening and Revising

Determinations and Decisions’’ (20 CFR

404.987–404.996).

Section 261.1 describes who may

open a final decision issued by the

agency. Section 261.2 describes when a

final decision may be reopened. All

final decisions, except decisions

awarding separation allowance lump

sum payments, may be reopened within

12 months of the date of notice of such

decision (see § 261.2(d)); within 4 years

of the date of notice if new and material

evidence is furnished or if there was an

adjudicative error not consistent with

the evidence of record at the time of

adjudication; or at any time under the

conditions set forth in § 261.2(c).

Section 261.3 provides that a change

of legal interpretation or administrative

ruling upon which a decision was based

is not a basis for reopening.

Section 261.4 provides that the

annuity beginning date will not be

changed if the annuitant was later found

to be engaged in compensated service

for an employer, as defined in part 202

of the Board’s regulations, and the

annuitant had no basis for knowing that

he was engaged in such service. This

section also provides that the award of

an annuity would not be withdrawn if

based upon incorrect records of service

where the erroneously credited service

months do not exceed 6 months and the

annuitant was not at fault in causing the

error.

Section 261.5 provides that a decision

may be reopened after the 1 year and 4

year time limits set forth in § 261.2 of

this part if the Board had begun an

investigation within those time limits.

However, if the Board does not

diligently pursue the investigation it

will not reopen the decision if the

decision was favorable to the annuitant.

Sections 261.6–261.8 are procedural

and provide that if a decision is

reopened, the annuitant will be given

notice and will have a right to

reconsideration and/or a hearing. Any

hearing shall be conducted in

accordance with part 260 of the Board’s

regulations (20 CFR 260).

Section 261.9 provides that if a

decision on a claim is reopened it may

also cause a reopening of a decision on

a previous claim based upon the same

compensation record, even though the

time limits for reopening a decision on

the first claim have passed.