Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52055

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:

Short Brothers, PLC: Docket 97-NM–106-AD.

Applicability: All Model SD3–60 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 use the authority

provided in paragraph (c) of this AD 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 airplane from the

applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the main landing gear

(MLG) to extend or retract due to corrosion

and/or wear of the left and right stub wings

in the area of the forward pintle pin of the

MLG, accomplish the following:

(a) Within 90 days after the effective date

of this AD, conduct an inspection for

corrosion of the top and bottom shear decks

of the left and right stub wings in the area

of the forward pintle pin of the MLG, and

measure the retaining pin holes of the pintle

pin for wear; in accordance with Part A. of

the Accomplishment Instructions of Short

Brothers Service Bulletin SD360–53–42,

dated September 1996.

(1) If any corrosion, wear, or measurement

of the holes for the retaining pin of the pintle

pin is found that is within the limits

specified in Part A. of the Accomplishment

Instructions of the service bulletin, prior to

further flight, repair the discrepancy in

accordance with the service bulletin.

Thereafter, repeat the inspection required by

paragraph (a) of this AD at intervals not to

exceed 6 months.

(2) If any corrosion, wear, or measurement

of the holes for the retaining pin of the pintle

pin is found that is beyond the limits

specified in Part A. of the Accomplishment

Instructions of the service bulletin, prior to

further flight, perform the actions required by

paragraph (a)(2)(i) and (a)(2)(ii) of this AD.

(i) Remove the corrosion and install

bushings on the upper and lower shear webs

in the retaining pin holes for the pintle pin

in accordance with Part B. (left MLG) and/

or Part C. (right MLG), as applicable, of the

Accomplishment Instructions of the service

bulletin.

(ii) Perform a visual inspection of the

pintle pin and the sleeve for any discrepancy,

in accordance with Part B. and/or Part C., as

applicable, of the Accomplishment

Instructions of the service bulletin.

(A) If no discrepancy is detected, the pintle

pin and the sleeve of the pintle pin may be

returned to service.

(B) If any discrepancy of the pintle pin and

sleeve is detected, prior to further flight,

repair the pintle pin and sleeve in

accordance with a method approved by the

Manager, Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate.

(b) Removal of corrosion and installation of

bushings in accordance with Part B. and/or

Part C., as applicable, of the Accomplishment

Instructions of Short Brothers Service

Bulletin SD360–53–42, dated September

1996, constitutes terminating action for the

repetitive inspection requirements of this

AD.

(c) 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.

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.

Note 3: The subject of this AD is addressed

in British airworthiness directive 005–09–96.

Issued in Renton, Wash., on September 30,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–26377 Filed 10–3–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–45–AD]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Models PC–12 and PC–12/

45 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain Pilatus

Aircraft Ltd. (Pilatus) Models PC–12 and

PC–12/45 airplanes. The proposed

action would require inspecting the

aileron tie-rod jam nuts for looseness,

tightening any loose jam nuts, and

installing a locking sleeve on both ends

of the aileron tie-rod in the chain-drive

of the aileron system. The proposed AD

results from an incident where the

aileron tie-rod jam nuts on the chaindrive of the aileron system became

loose. This caused a differential of

aileron control between the pilot’s

control wheel and the co-pilot’s control

wheel. The actions specified by the

proposed AD are intended to prevent

such aileron control differential caused

by the aileron tie-rod jam nuts becoming

loose, which could result in loss of

aileron control and consequent loss of

control of the airplane.

DATES: Comments must be received on

or before November 7, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97-CE–45-

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Pilatus Aircraft Ltd., CH–6370 Stans,

Switzerland. This information also may

be examined at the Rules Docket at the

address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Roman T. Gabrys, Aerospace Engineer,

Small Airplane Directorate, Airplane

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone (816) 426–6932;

facsimile (816) 426–2169.

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
52056 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

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 that

summarizes 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-CE–45-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, Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 97-CE–45-AD, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

Discussion

The Federal Office for Civil Aviation

(FOCA), which is the airworthiness

authority for Switzerland, recently

notified the FAA that an unsafe

condition may exist on Pilatus Models

PC–12 and PC–12/45 airplanes. The

FOCA of Switzerland reports an

incident where the aileron tie-rod jam

nuts on the chain-drive of the aileron

system became loose. This caused a

differential of aileron control between

the pilot’s control wheel and the copilot’s control wheel. This condition, if

not corrected in a timely manner, could

result in loss of aileron control and

consequent loss of control of the

airplane.

Applicable Service Information

Pilatus has issued Service Bulletin

No. 27–001, dated March 25, 1997,

which includes procedures for the

following on Pilatus Models PC–12 and

PC–12/45 airplanes:

—inspecting the aileron tie-rod jam nuts

for looseness and tightening any loose

jam nuts; and

—installing a locking sleeve on both

ends of the aileron tie-rod in the

chain-drive of the aileron system.

The FOCA of Switzerland classified

this service bulletin as mandatory and

issued Swiss FOCA AD HB 97–174,

dated April 30, 1997, in order to assure

the continued airworthiness of these

airplanes in Switzerland.

Evaluation of All Applicable

Information

This airplane model is manufactured

in Switzerland and is type certificated

for operation in the United States under

the provisions of § 21.29 of the Federal

Aviation Regulations (14 CFR 21.29)

and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the FOCA of Switzerland has kept the

FAA informed of the situation described

above.

The FAA has examined the findings

of the FOCA of Switzerland; reviewed

all available information, including the

service information referenced above;

and determined that AD action is

necessary for products of this type

design that are certificated for operation

in the United States.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Pilatus Models PC–12

and PC–12/45 airplanes of the same

type design that are registered in the

United States, the FAA is proposing AD

action. The proposed AD would require

inspecting the aileron tie-rod jam nuts

for looseness, tightening any loose jam

nuts, and installing a locking sleeve on

both ends of the aileron tie-rod in the

chain-drive of the aileron system.

Accomplishment of the proposed

actions would be in accordance with

Pilatus Service Bulletin No. 27–001,

dated March 25, 1997.

Cost Impact

The FAA estimates that 40 airplanes

in the U.S. registry would be affected by

the proposed AD, that it would take

approximately 5 workhours per airplane

to accomplish the proposed action, and

that the average labor rate is

approximately $60 an hour. Parts will

be provided by the manufacturer at no

cost to the owner/operator of the

affected airplanes. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $12,000 or $300 per

airplane.

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 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) 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 has been placed 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 USC 106(g), 40101, 40113,

44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

Pilatus Aircraft Ltd.: Docket No. 97–CE–45–

AD.

Applicability: Models PC–12 and PC–12/45

airplanes, serial numbers 101 through 169,

certificated in any category.

Note 1: The modification required by this

AD is incorporated at manufacture on Models

PC–12 and PC-12/45 airplanes, beginning

with serial number 170. Airplanes with this

modification are not affected by this AD.

Note 2: 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 (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.
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52057

Compliance: Required within the next 100

hours time-in-service after the effective date

of this AD, unless already accomplished.

To prevent a differential of aileron control

between the pilot’s control wheel and the copilot’s control wheel caused by the aileron

tie-rod jam nuts becoming loose, which could

result in loss of aileron control and

consequent loss of control of the airplane,

accomplish the following:

(a) Inspect the aileron tie-rod jam nuts for

looseness in accordance with the

Accomplishment Instructions section of

Pilatus Service Bulletin No. 27–001, dated

March 25, 1997. Prior to further flight,

tighten any loose jam nuts in accordance

with this service bulletin.

(b) Install a locking sleeve on both ends of

the aileron tie-rod in the chain-drive of the

aileron system in accordance with the

Accomplishment Instructions section of

Pilatus Service Bulletin No. 27–001, dated

March 25, 1997.

(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.

(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, Small Airplane

Directorate, 1201 Walnut, suite 900, Kansas

City, Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) All persons affected by this directive

may obtain copies of the documents referred

to herein upon request to Pilatus Aircraft

Ltd., CH–6370 Stans, Switzerland; or may

examine these documents at the FAA,

Central Region, Office of the Assistant Chief

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Note 4: The subject of this AD addresses

the actions specified in Swiss AD FOCA AD

HB 97–174, dated April 30, 1997.

Issued in Kansas City, Missouri, on

September 30, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–26411 Filed 10–3–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 101, 161, and 501

[Docket No. 92P–0441]

Food Labeling; Net Quantity of

Contents; Compliance; Reopening of

Comment Period

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Food and Drug

Administration (FDA) is reopening until

December 1, 1997, the comment period

on a proposed rule that was published

in the Federal Register of March 4, 1997

(62 FR 9826). The document proposed

to revise the agency’s human and

animal food labeling regulations that

pertain to declarations of net quantity of

contents on food packages. This action

is being taking to allow interested

persons additional time to submit

comments to FDA on a survey

sponsored by the Federal Trade

Commission on the accuracy of net

content labeling of milk and other

products.

DATES: Written comments by December

1, 1997.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Loretta A. Carey, Center for Food Safety

and Applied Nutrition (HFS–158), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–205–5099.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 4, 1997 (62

FR 9826), FDA published a proposed

rule to revise its human and animal food

labeling regulations that pertain to

declarations of net quantity of contents

on food packages. That proposal set out

procedures for determining whether net

quantity of contents declarations

accurately reflect the amount of product

in food packages. Interested persons

were given until June 2, 1997, to

comment on the proposed rule. In the

Federal Register of May 30, 1997 (62 FR

29313), the agency extended the

comment period for an additional 90

days. The comment period closed on

September 2, 1997.

FDA has received two requests for a

second 90-day extension of the

comment period on its proposed rule on

net quantity of contents on food

packages. The requests were from trade

associations that represent major

segments of both the food and feed

industries. Both requests stated that

industry representatives would need

this extension in light of the national

20-State survey regarding the accuracy

of net content labeling of milk and, to

a lesser extent, of other dairy products

(such as yogurt and cottage cheese) and

of juice. The survey was conducted

because of State and local reports of

short-filling in packages of milk served

in schools or sold in retail stores. The

survey was made available on July 17,

1997. The requests for extension of the

comment period stated that the industry

representatives needed additional time

to review and analyze this study before

they could complete their comments.

FDA informally granted an extension

of 28 days until September 30, 1997,

under the provisions in 21 CFR

10.40(b)(3)(ii). The agency has now

decided, however, that extending the

comment period until December 1,

1997, as requested, will allow interested

persons to fully review and analyze the

data from the national survey. This

extension will ensure that there is full

consideration of all data and issues

relating to the agency’s net quantity of

contents proposal.

Interested persons may, on or before

December 1, 1997, submit to the Dockets

Management Branch (address above)

written comments regarding this

proposal. Two copies of any comments

are to be submitted, except that

individuals may submit one copy.

Comments are to be identified with the

docket number found in brackets in the

heading of this document. Received

comments may be seen in the office

above between 9 a.m. and 4 p.m.,

Monday through Friday.

Dated: September 30, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 97–26450 Filed 10–3–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

46 CFR Parts 25, 27, and 32

[CGD 97–064]

RIN 2115–AF–53

Towing Vessel Safety

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.