Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Proposed Rules 44245

type design registered in the United

States, the proposed AD would require

accomplishment of the actions specified

in the service bulletins described

previously.

Cost Impact

The FAA estimates that 10 British

Aerospace BAe Model ATP airplanes of

U.S. registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $600, or $60

per airplane.

Currently, there are no British

Aerospace Model HS 748 series

airplanes on the U.S. Register. However,

should an affected airplane be imported

and placed on the U.S. Register in the

future, it would require approximately 1

work hour to accomplish the proposed

actions, at an average labor rate of $60

per work hour. Based on these figures,

the cost impact of the proposed AD

would be $60 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the proposed 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 proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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 the following new airworthiness

directive:

British Aerospace Regional Jet [Formerly

Jetstream Aircraft Limited, British

Aerospace (Commercial Aircraft)

Limited]: Docket 97–NM–104–AD.

Applicability: Model BAe ATP airplanes

having constructor’s numbers 2002 through

2063 inclusive; and all Model HS 748 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

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.

Compliance: Required as indicated, unless

accomplished previously.

To detect and correct corrosion of the

cylinder tube of the main hydraulic

accumulator, which could result in loss of

certain hydraulic system functions that are

essential for safe operation of the airplane,

accomplish the following:

(a) Within 30 days after the effective date

of this AD, perform an inspection of the main

hydraulic accumulator for corrosion, in

accordance with British Aerospace Service

Bulletin ATP–29–15, dated February 25,

1997; or HS748–29–49, dated February 25,

1997; as applicable. If any discrepancy is

found, prior to further flight, accomplish the

applicable corrective actions specified in the

service bulletins.

(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,

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.

(c) Special flight permits may be issued in

accordance with §§ 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.

Issued in Renton, Washington, on August

13, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–21983 Filed 8–19–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–03–AD]

Airworthiness Directives; McDonnell

Douglas Helicopter Systems Model

369F and 369FF Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

McDonnell Douglas Helicopter Systems

(MDHS) Model 369F and 369FF

helicopters. This proposal would

require removing the tail rotor control

rod assembly (rod assembly) and

replacing it with an airworthy rod

assembly. This proposal is prompted by

a failure of a rod assembly during a

proof-load test conducted by the

manufacturer. The actions specified by

the proposed AD are intended to

prevent buckling of the rod assembly

when subjected to ultimate jam loads,

loss of tail rotor control, and subsequent

loss of control of the helicopter.

DATES: Comments must be received by

October 20, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 97–SW–03–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137. Comments may be

inspected at this location between 9:00

a.m. and 3:00 p.m., Monday through

Friday, except Federal holidays.
44246 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: Mr.

John L. Cecil, Aerospace Engineer,

ANM–120L, Los Angeles Aircraft

Certification Office, FAA, 3960

Paramount Boulevard, Lakewood,

California 90712, telephone (562) 627–

5322, fax (562) 627–5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–SW–03–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

97-SW–03–AD, 2601 Meacham Blvd.,

Room 663, Fort Worth, Texas 76137.

Discussion

This document proposes the adoption

of a new AD that is applicable to MDHS

Model 369F and 369FF helicopters. This

proposal would require removing the

rod assembly, part number (P/N)

369D27516, and replacing it with an

airworthy rod assembly, P/N

369D27516–5, within 300 hours time-inservice (TIS) after the effective date of

the AD. On April 16, 1996, one rod

assembly failed during a proof-load test

conducted by the manufacturer. It was

determined that the design of the rod

assembly was inadequate for jam load

conditions. This condition, if not

corrected, could result in buckling of

the rod assembly when subjected to

ultimate jam loads, loss of tail rotor

control, and subsequent loss of control

of the helicopter.

Since an unsafe condition has been

identified that is likely to exist or

develop on other MDHS Model 369F

and 369FF helicopters of the same type

design, the proposed AD would require,

within 300 hours TIS after the effective

date of the AD, removing the rod

assembly and replacing it with an

airworthy rod assembly. Replacement of

the rod assembly, P/N 369D27516, with

an airworthy rod assembly, P/N

369D27516–5, constitutes a terminating

action for the requirements of this AD.

The FAA estimates that 17 helicopters

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 4 work hours per

helicopter to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $4080.

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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 to

read as follows:

McDonnell Douglas Helicopter Systems:

Docket No. 97–SW–03–AD.

Applicability: Model 369F and 369FF

helicopters, 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 (b) 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 within 300 hours

time-in-service after the effective date of this

AD, unless accomplished previously.

To prevent buckling of the tail rotor control

rod assembly (rod assembly) when subjected

to ultimate jam loads, loss of tail rotor

control, and subsequent loss of control of the

helicopter, accomplish the following:

(a) Remove the rod assembly, part number

(P/N) 369D27516, and replace it with an

airworthy rod assembly, P/N 369D27516–5.

Replacement of the rod assembly with an

airworthy rod assembly, P/N 369D275216–5,

constitutes a terminating action for the

requirements of this AD.

(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, Los

Angeles Aircraft Certification Office.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Los Angeles Aircraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles Aircraft

Certification Office.

(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 helicopter
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Proposed Rules 44247

to a location where the requirements of this

AD can be accomplished.

Issued in Fort Worth, Texas, on August 13,

1997.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–22045 Filed 8–19–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 111

[Docket No. 95N–0304]

RIN 0901–AA59

Dietary Supplements Containing

Ephedrine Alkaloids; Notification of

Intent to Reopen Comment Period

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule.

SUMMARY: The Food and Drug

Administration (FDA) is announcing

that it will reopen the comment period

for the proposed rule on dietary

supplements containing ephedrine

alkaloids that appeared in the Federal

Register of June 4, 1997 (62 FR 30678).

The agency intends to take this action

because FDA has identified a number of

inadvertent omissions in the

administrative record. After the agency

rectifies these omissions, it will

announce in the Federal Register the

reopening of the comment period for 75

days.

FOR FURTHER INFORMATION CONTACT:

Margaret C. Binzer, Center for Food

Safety and Applied Nutrition (HFS–

456), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–401–9859, FAX 202–260–8957, or

E-mail M.Binzer@Bangate.fda.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of June 4, 1997, FDA

published a proposed rule regarding the

formulation and labeling of dietary

supplements containing ephedrine

alkaloids. FDA proposed this rule in

response to reports of serious illnesses

and injuries, including multiple deaths,

associated with the use of dietary

supplement products that contain

ephedrine alkaloids and the agency’s

investigations and analyses of these

reports of illnesses and injuries.

Interested persons were given until

August 18, 1997, to comment on the

proposal.

It has come to FDA’s attention that

there are omissions in the

administrative record. The agency has

identified a number of missing pages in

some documents that were placed in the

administrative record and other minor

problems. FDA will rectify these

omissions and problems and make the

corrected administrative record

available with ample time for interested

persons to review the record and

prepare comments. Thus, the agency

will correct the administrative record

and will provide a new 75-day period

for comment.

Dated: August 15, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination, FDA.

[FR Doc. 97–22127 Filed 8–15–97; 8:45 am]

BILLING CODE 4160–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[SC 30–1–9645b: FRL–5876–9]

Approval and Promulgation of State

Implementation Plan, South Carolina:

Listing of Exempt Volatile Organic

Compounds

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On May 6, 1996, the South

Carolina Department of Health and

Environmental Control submitted

revisions to the South Carolina State

Implementation Plan (SIP) involving the

addition of Supplement C to the air

quality modeling guidelines located in

61–62.5 Standard 7, Prevention of

Significant Deterioration. In the final

rules section of this Federal Register,

the EPA is approving the SIP revision as

a direct final rule without prior proposal

because the EPA views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by September 19,

1997.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Randy Terry at the EPA Region 4 Office

listed below.

Copies of the documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

South Carolina Department of Health

and Environmental Control, 600 Bull

Street, Columbia, South Carolina

29201–1708.

FOR FURTHER INFORMATION CONTACT: Mr.

Randy Terry, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides, and Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303. The telephone

number is 404/562–9032.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: May 22, 1997.

R. F. McGhee,

Acting Regional Administrator.

[FR Doc. 97–21918 Filed 8–19–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 213, 214, 215, and 242

[DEARS Case 95–D715]

Defense Federal Acquisition

Regulation Supplement; Past

Performance

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule; withdrawal.

SUMMARY: The Department of Defense

(DoD) has decided to withdraw a

proposed rule published at 60 FR 57691,

November 17, 1995. The rule proposed

amendments to the Defense Federal

Acquisition Regulation Supplement

(DFARS) to implement Section 1091 of

the Federal Acquisition Streamlining