49434 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–SW–31–AD; Amendment

39–10142; AD 97–20–04]

RIN 2120–AA64

Airworthiness Directives; Enstrom

Helicopter Corporation Model F–28A,

F–28C, 280 and 280C Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to Enstrom Helicopter

Corporation (Enstrom) Model F–28A,

280 and certain serial-numbered F–28C

and 280C helicopters. This action

requires an inspection of the voltage

control system and an owner/operator

(pilot) cockpit check of the amperage of

the electrical system. If certain

Prestolite-manufactured components are

installed, additional tests and actions

are required before further flight and at

each pre-flight run-up and annual

inspection thereafter. A terminating

action is provided by replacing the

existing voltage control system with a

transistorized system. This amendment

is prompted by 14 reports of voltage

control system problems, including one

incident in which smoke emanated from

the radio panel during flight, forcing the

pilot to make an emergency landing.

The actions specified in this AD are

intended to prevent an electrical

overload and a failure of the voltage

regulator and over-voltage relay, that

could result in an inflight fire, and

subsequent forced landing of the

helicopter.

DATES: Effective October 7, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of October 7,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

November 21, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 96–SW–31–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

The service information referenced in

this AD may be obtained from Enstrom

Helicopter Corporation, Twin County

Airport, P.O. Box 490, Menominee,

Michigan 49858. This information may

be examined at the FAA, Office of the

Assistant Chief Counsel, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas

76137; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ms.

Brenda S. Ocker, Aerospace Engineer,

FAA, Systems and Flight Test Branch,

Chicago Aircraft Certification Office,

2300 East Devon Ave., Des Plaines,

Illinois 60018, telephone (847) 294–

7126, fax (847) 294–7834.

SUPPLEMENTARY INFORMATION: This

amendment adopts a new AD that is

applicable to Enstrom Model F–28A,

280 and certain serial-numbered Model

F–28C and 280C helicopters. This action

requires a determination of whether a

Prestolite-manufactured voltage

regulator, part number (P/N) VSF7203,

or a Prestolite-manufactured overvoltage relay, P/N X16799, X17621, or

FOC–4002A is installed, and if

installed, within 5 hours time-in-service

(TIS), an inspection of the alternator

output voltage system for proper

operation and an operational test of the

over-voltage relay; after the initial

inspection, before each flight, a pilot

check to determine that the amp meter

is reading within the normal range

while the engine is operating at 2,200

revolutions-per-minute (RPM); and

thereafter, at each annual inspection or

100 hour TIS inspection, whichever

occurs first, a test to determine if the

alternator output voltage is within

normal limits and a test of the overvoltage relay. The checks required by

this AD may be performed by the

owner/operator holding at least a

private pilot certificate, and must be

entered into the aircraft records showing

compliance with the applicable sections

of this AD in accordance with sections

43.9 and 91.417(a)(2)(v) (14 CFR 43.9

and 91.417(a)(2)(v)) of the Federal

Aviation Regulations. This amendment

is prompted by 14 reports of these

helicopters having electrical system

problems, including one incident in

which smoke came from the radio panel

during flight, forcing the pilot to make

an emergency landing. An investigation

conducted by the rotorcraft

manufacturer, with FAA participation,

revealed that the Prestolitemanufactured voltage regulator, P/N

VSF7203, failed, which resulted in a

massive voltage increase. A subsequent

failure of the over-voltage protection

device resulted in overheating of the

system wiring and components. The

investigation revealed that at least four

of the 14 helicopters did not have overvoltage protection installed. This

condition, if not corrected, could result

in an electrical overload and a failure of

the voltage regulator and over-voltage

relay, that could result in an inflight

fire, and subsequent forced landing of

the helicopter.

The FAA has reviewed and approved

the technical contents of Enstrom

Helicopter Corporation Service

Directive Bulletin No. 0086, dated

March 31, 1996, which describes

procedures for inspecting the voltage

control system, testing the components,

and replacing the voltage regulator and

over-voltage relay as necessary.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Enstrom Model F–

28A, F–28C, 280 and 280C helicopters

of the same type design, this AD is being

issued to prevent failure of the voltage

regulator and over-voltage relay,

resulting in an over-voltage and possible

fire. This AD requires, within the next

five hours time-in-service (TIS), an

inspection to determine if the Prestolitemanufactured voltage regulator, part

number (P/N) VSF7203, or Prestolitemanufactured over-voltage relays, P/N

X16799, X17621, or FOC–4002A, are

installed, and an inspection of the

alternator output voltage and an

operational test of the over-voltage

relay. If any of these components are

installed, the AD further requires, before

each flight, a pilot check of the amp

meter for readings within the normal

operating range. Thereafter, at each

annual inspection or 100 hour TIS

inspection (whichever occurs first), a

test is required to determine if the

alternator output voltage is within

tolerance, and if the alternator output

voltage is not within the specified range,

an adjustment to the voltage regulator,

or replacement of the voltage regulator

with an airworthy voltage regulator if

the voltage regulator cannot be adjusted

within the specified range. An

operational test of the over-voltage relay

is required to determine if the relay

operates at the correct voltage, and

replacement of any over-voltage relay

that fails the operational test with an

airworthy over-voltage relay. Any

aircraft found without over-voltage relay

protection must have an airworthy overvoltage relay installed. A terminating

action is provided for in the AD by

modifying the wiring and replacing the

existing voltage control system with a

transistorized voltage controller, P/N

ECD–069–11, with built-in over-voltage

protection. The actions are required to

be accomplished in accordance with the

Compliance section of the service

bulletin described previously.

Since a situation exists that requires

the immediate adoption of this
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations 49435

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public 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

under the caption ADDRESSES. 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. 96–SW–31–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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 that it 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, 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

adding a new airworthiness directive to

read as follows:

97–20–04 Enstrom Helicopter Corporation:

Amendment 39–10142. Docket No. 96–

SW–31–AD.

Applicability: Model F–28A; 280; F–28C

helicopters, with a serial number (S/N) less

than S/N 745; and Model 280C helicopters,

with a S/N less than S/N 1502, 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 (e) 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 an electrical overload and a

failure of the voltage regulator and overvoltage relay, that could result in an inflight

fire, and subsequent forced landing of the

helicopter:

(a) Within the next five hours time-inservice (TIS) after the effective date of this

AD, determine if a Prestolite-manufactured

voltage regulator, part number (P/N)

VSF7203, or Prestolite-manufactured overvoltage relay,

P/N X16799, P/N X17621, or P/N FOC–

4002A, is installed.

(1) If any of these parts are installed,

perform the following:

(i) Determine if the alternator output is

within the proper output voltage range (14.2

+ .2 to ¥.4 volts). If the alternator output

voltage is not within the proper voltage

range, adjust or replace the voltage regulator.

(ii) Conduct an operational test of the overvoltage relay, and replace any over-voltage

relay that fails the operational test with an

airworthy over-voltage relay. Accomplish

both the operational test and the over-voltage

relay replacement in accordance with

paragraph 6.3.3 of Enstrom Helicopter

Corporation SDB No. 0086, dated March 31,

1996.

(2) If no over-voltage relay is installed,

before further flight, install an airworthy

relay, P/N FOC–4002A, in accordance with

paragraph 6.3.4. of Enstrom Helicopter

Corporation Service Directive Bulletin (SDB)

No. 0086, dated March 31, 1996, or complete

the terminating action described in paragraph

(c).

(b) After compliance with paragraph (a) of

this AD, thereafter, before each flight, check

the amp meter for readings within the normal

operating range while the helicopter engine

is operating at 2,200 revolutions-per-minute

(RPM). This check may be performed by the

owner/operator (pilot) holding at least a

private pilot certificate, and must be entered

into the aircraft records showing compliance

with this paragraph in accordance with

sections 43.9 and 91.417(a)(2)(v) of the

Federal Aviation Regulations (14 C.F.R. 43.9

and 91.417(a)(2)(v)).

(c) After compliance with paragraph (a) of

this AD, thereafter, at each annual inspection

or 100 hour time-in-service (TIS) inspection,

whichever occurs first, perform the

following:

(1) Determine if the alternator output is

within the proper output voltage range, and

if the alternator output voltage is not within

the proper voltage range, adjust or replace the

voltage regulator.

(2) Conduct an operational test of the overvoltage relay, and replace any over-voltage

relay that fails the operational test with an

airworthy over-voltage relay in accordance

with paragraph 6.3.3 of Enstrom Helicopter

Corporation SDB No. 0086, dated March 31,

1996.

(d) Replacement of the existing voltage

control system with a transistorized voltage

controller, P/N ECD–069–11, and modifying

the wiring in accordance with paragraph 6.4

of Enstrom Helicopter Corporation SDB No.

0086, dated March 31, 1996, is considered a

terminating action for the requirements of

this AD.

(e) An alternative method of compliance or

adjustment of the compliance time that
49436 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

provides an acceptable level of safety may be

used if approved by the Manager, Chicago

Aircraft Certification Office, FAA. Operators

shall submit their requests through an FAA

Principal Maintenance Inspector, who may

concur or comment and then send it to the

Manager, Chicago 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 Chicago Aircraft

Certification Office.

(f) The check, test, and replacement, if

necessary, shall be done in accordance with

Enstrom Helicopter Corporation Service

Directive Bulletin No. 0086, dated March 31,

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 Enstrom Helicopter Corporation, Twin

County Airport, P.O. Box 490, Menominee,

Michigan 49858. 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 7, 1997.

Issued in Fort Worth, Texas, on September

16, 1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–25059 Filed 9–19–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket No. 970624153–7228–02]

RIN 0607–AA23

Conditional Exemptions for Filing

Shipper’s Export Declarations (SED)

for Tools of Trade

AGENCY: Bureau of the Census,

Commerce.

ACTION: Final rule.

SUMMARY: The Bureau of the Census is

amending the Foreign Trade Statistics

Regulations (FTSR) to include an

exemption for exporters who currently

must file a Shipper’s Export Declaration

(SED) for temporary exports of tools of

trade. This exemption will apply

whenever the tools of trade are

company-owned commodities and

software, accompany the employees or

representatives of the exporting

company, and are intended to remain

outside of the country for less than one

year. The current regulation only

allowed an exemption for filing an SED

when the tools of trade were owned by

individuals. This exemption will still

apply. The Department of Treasury

concurs with the provisions contained

in this rule.

EFFECTIVE DATE: This rule will become

effective September 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information

should be directed to C. Harvey Monk,

Jr., Chief, Foreign Trade Division,

Bureau of the Census, Room 2104,

Federal Building 3, Washington, D.C.

20233–6700, by telephone on (301) 457–

2255 or by fax on (301) 457–2645.

SUPPLEMENTARY INFORMATION: The FTSR

currently exempts tools of trade that are

owned by individuals from the

requirement to file an SED. However, for

tools of trade owned by a company

rather than an individual, the FTSR

provided no such exemption.

Companies doing business abroad

requested that the Census Bureau

review the current regulation to allow

an exemption to eliminate the SED

filing requirement for company-owned

tools of trade that accompany

employees or representatives of the

company for temporary use abroad.

Based upon our evaluation of these

customer requests, the Census Bureau

determined to broaden the current

exemption criteria for filing SEDs to

include an exemption for companyowned tools of trade.

Based upon reviews by the Bureau of

Export Administration (BXA) and the

U.S. Customs Service, the Census

Bureau determined that, for statistical

purposes, it is not necessary to collect

information on temporary exports of

company-owned tools of trade that do

not normally require an export license

or that are exported without a license as

specified in 15 CFR 740.9 of the BXA

Export Administration Regulations

(EAR). For SED filing exemption

purposes, the Census Bureau will

include certain provisions of 15 CFR

740.9 of the EAR in its criteria for

exemptions to the SED filing

requirements.

Therefore, the Bureau of the Census is

amending 15 CFR 30.56 (b) to include

an exemption to SED filing

requirements for exports of companyowned tools of trade, which are

reasonable kinds and quantities of

commodities and software for use by

employees or representatives of the

company in its enterprises or

undertakings abroad. Commodities and

software are eligible for export under

this exemption provided that the

commodities and software:

(1) Are owned by the individual or

the exporting company;

(2) Accompany the individual

exporter, employee or representative of

the exporting company;

(3) Are necessary and appropriate and

intended for the personal and/or

business use of the individual exporter,

employee or representative of the

company or business;

(4) Are not for sale; and

(5) Are returned to the United States

no later than one year from the date of

export.

This revision to 15 CFR 30.56 (b) will

increase the conditional exemptions for

tools of trade owned by individuals,

companies and/or businesses and

minimize the reporting burden for filing

an SED.

Response to Comments

The Census Bureau issued a Notice of

Proposed Rulemaking and Request for

Comments in the Federal Register (62

FR 36242) on Monday, July 7, 1997. The

Bureau of the Census received four

letters commenting on the proposed

rule. All of the letters expressed support

for the proposal and recommended

prompt enactment of the final rule. No

changes were made to the final rule as

a result of comments received.

Rulemaking Requirements

This rule is exempt from all

requirements of Section 553 of the

Administrative Procedure Act because it

deals with a foreign affairs function (5

U.S.C. (A) (1)).

Because a notice of proposed

rulemaking was not required by 5 U.S.C.

553 or any other law, a Regulatory

Flexibility Analysis was not required

and was not prepared (5 U.S.C. 603(a)).

This rule is exempt from the

requirements of Executive Order 12866.

This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under Executive Order

12612.

Paperwork Reduction Act

Notwithstanding any other provisions

of law, no person is required to respond

to, nor shall a person be subject to a

penalty for failure to comply with, a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid Office of Management

and Budget (OMB) control number.

This rule covers collections of

information subject to the provisions of

the Paperwork Reduction Act, which are

cleared by the Office of Management

and Budget under OMB control

numbers 0607–0001, 0607–0018, and

0607–0152.