52942 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–39–AD; Amendment

39–10155, AD 97–21–02]

RIN 2120–AA64

Airworthiness Directives; Teledyne

Continental Motors E–165, E–185,

E–225, O–470 and IO–470 Series

Reciprocating Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to Teledyne Continental

Motors E–165, E–185, E–225, O–470 and

IO–470 series reciprocating engines.

This action supersedes priority letter

AD 97–15–01 that currently requires

removal from service of affected

cylinders, and reassembly with

serviceable parts. This action adds the

latest revision to applicable Critical

Service Bulletin (CSB), corrects

references to Parts of that CSB, and lists

a new contact telephone number to

obtain the CSB from the manufacturer.

This amendment is prompted by the

availability of the new CSB revision and

the need to correct the CSB references.

The actions specified by this AD are

intended to prevent extreme side

loading of the piston, and consequent

failure of the piston and engine.

DATES: Effective October 27, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of October 27,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 9, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

97–ANE–39–AD, 12 New England

Executive Park, Burlington, MA 01803–

5299. Comments may also be sent via

the Internet using the following address:

‘‘9-ad-engineprop@faa.dot.gov’’.

Comments sent via the Internet must

contain the docket number in the

subject line.

The service information referenced in

this AD may be obtained from Teledyne

Continental Motors, PO Box 90, Mobile,

AL 36601; telephone toll free (888) 826–

5874. This information may be

examined at the FAA, New England

Region, Office of the Assistant Chief

Counsel, 12 New England Executive

Park, Burlington, MA; or at the Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT: Jerry

Robinette, Aerospace Engineer, Atlanta

Aircraft Certification Office, FAA, Small

Airplane Directorate, Campus Building,

1701 Columbia Ave., Suite 2–160,

College Park, GA 30337–2748;

telephone (404) 305–7371, fax (404)

305–7348.

SUPPLEMENTARY INFORMATION: On July

17, 1997, the Federal Aviation

Administration (FAA) issued priority

letter airworthiness directive (AD) 97–

15–01, applicable to Teledyne

Continental Motors (TCM) new and

rebuilt Model O–470 and IO–470 series

engines with serial numbers (S/Ns)

listed in Table 1 of TCM Critical Service

Bulletin (CSB) No. CSB97–10, dated

June 19, 1997; and TCM Model E–165,

E–185, E–225, O–470 and IO–470 series

engines, regardless of S/N, which have

cylinder(s) with part number and

purchase date as shown in Table 2 of

TCM CSB No. CSB97–10, dated June 19,

1997. The priority letter AD requires

removal from service of affected

cylinders, and reassembly with

serviceable parts.

That action was prompted by a report

from TCM of an engine equipped with

factory new cylinders with

approximately 28 hours time in service

(TIS) that was discovered to have high

aluminum particulates during an oil

analysis. Further investigation revealed

the piston pin plug was experiencing

increased wear, which was, in turn,

traced to the roughness of the cylinder

bore. A stock sweep at the factory

revealed 10 additional cylinders with

this condition. The cylinder bore

surface finish on some cylinders is

rougher than specified. This condition

was caused during a manganese

phosphate coating process on the

cylinder barrel bore. The cylinders are

exposed to the phosphate process in

batches of 10 cylinders. The manganese

phosphate coating provides resistance to

corrosion during the first hours of

operation. The problem occurred

because of extended exposure of the

cylinder bore to the manganese

phosphate treatment which results in

the surface finish being rougher than

specified, although the piston pin plug

will wear first; it will, in turn, wear a

groove in the cylinder wall which will

cause massive oil consumption in the

near future. This will result in

accelerated piston pin plug wear, as the

piston pin plug is made of aluminum

while the cylinder barrel is made of

nitrided steel. The FAA has determined

that one side of the piston pin could

disconnect from the piston if the wear

of the pin plug becomes excessive. This

condition, if not corrected, can result in

extreme side loading of the piston, and

consequent failure of the piston and

engine.

Since issuance of the priority letter

AD, the FAA has determined that the

references to Parts 2A and 2B, and

Appendix A of the CSB are in error, and

should reference Parts 2–1(a) and 2–2.

In addition, this superseding AD lists a

new, toll-free contact telephone number

to obtain the CSB from the

manufacturer.

Also, the FAA has reviewed and

approved the technical contents of the

latest revision, TCM CSB No. CSB97–

10A, dated July 15, 1997, that provides

a list of S/Ns of new and rebuilt model

O–470 and IO–470 engines with affected

cylinders installed, and a list of

cylinders with part number and

purchase date that may be installed on

E–165, E–185, E–225, O–470 and IO–

470 series engines, regardless of serial

number. This CSB describes procedures

for removal and shipment to the factory

of affected cylinders, and procedures for

reassembly with serviceable parts.

Since an unsafe condition has been

identified that is likely to exist or

develop on other engines of this same

type design, this AD supersedes priority

letter AD 97–15–01 to add reference to

the latest revision of the applicable CSB,

correct incorrect references to parts of

the applicable CSB, and list a new

contact telephone number to obtain the

CSB from the manufacturer. Operators

that have removed affected cylinders in

accordance with priority letter AD 97–

15–01 or the original version of the CSB

are in compliance with this AD and no

further action is required. The actions

are required to be accomplished in

accordance with the CSB described

previously.

Since a situation exists that requires

the immediate adoption of this

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.
Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations 52943

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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–ANE–39–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 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 the following new airworthiness

directive:

AD 97–21–02 Teledyne Continental Motors:

Amendment 39–10155. Docket No. 97–

ANE–39–AD. Supersedes AD 97–15–01.

Applicability: Teledyne Continental

Motors (TCM) new and rebuilt Model O–470

and IO–470 series reciprocating engines with

serial numbers (S/Ns) listed in Table 1 of

TCM Critical Service Bulletin (CSB) No.

CSB97–10A, dated July 15, 1997; and TCM

Model E–165, E–185, E–225, O–470 and IO–

470 series reciprocating engines, regardless of

S/N, which have cylinder(s) with part

number and purchase date as shown in Table

2 of TCM CSB No. CSB97–10A, dated July

15, 1997. These engines are installed on but

not limited to the following aircraft: Bellanca

Models 14–19–2 and 14–19–3; Cessna

Models 180, 180A through K, 182, 182A

through R, 185, 185A through E, 188, 188A,

188B, 210, 210A through C, 210–5 (205),

210–5A (205A), 305A, 305C, 305D, 305F,

310, 310A through Q, E310H, E310J, 310J–1;

Frontier-Aerospace, Inc. (Fletcher) Models

FU–24 and FU–24A; Luscombe Aircraft

Corporation Model 11A; Navion models

Navion, Navion A, and Navion D through G;

Prop-Jets, Inc. Models 200, 200A through C;

Raytheon (formerly Beech) Models 35, A35

through P35, 35R, 35–33, 35–A355, 35–B33,

35–C33, E33, F33, 45 (YT–34), A45 (T–34A,

B–45), D45 (T–34B), 95–55, 95–55A, 95–B55,

95–B55A and 95–B55B; Reims models F182P

and F182Q; and Twin Commander Aircraft,

Inc. Model 500–A.

Note 1: This airworthiness directive (AD)

applies to each engine 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 engines 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.

Compliance: Required as indicated, unless

accomplished previously.

To prevent extreme side loading of the

piston, and consequent failure of the piston

and engine, accomplish the following:

(a) Operators that have removed affected

cylinders in accordance with priority letter

AD 97–15–01 and TCM CSB No. CSB97–10,

dated June 19, 1997, are in compliance with

this AD and no further action is required

(b) For the TCM O–470 and IO–470 series

engines listed by S/N in Table 1 of TCM CSB

No. CSB97–10A, dated July 15, 1997, within

10 hours time in service (TIS) after the

effective date of this AD, accomplish the

following:

(1) Remove from service the cylinders, six

each, and the piston pins, six each, in

accordance with the Inspection Instructions,

Part 2–1(a), of TCM CSB No. CSB97–10A,

dated July 15, 1997.

(2) Obtain serviceable replacement parts

and reassemble the engine in accordance

with the Inspection Instructions, Part 2–2, of

TCM CSB No. CSB97–10A, dated July 15,

1997.

(c) For the E–165, E–185, E–225, series

engines and those O–470 and IO–470 series

engines not listed by S/N in Table 1 of TCM

CSB No. CSB97–10A dated July 15, 1997,

within 10 hours TIS after the effective date

of this AD, accomplish the following:

(1) Determine from engine log books or

maintenance records if a cylinder has been

replaced with a cylinder purchased in the

time frames shown in Table 2 of TCM CSB

No. CSB97–10A, dated July 15, 1997.

(2) If a cylinder was not replaced with a

cylinder purchased during those time frames

listed in the CSB, or if a cylinder is identified

with the letter ‘‘M’’ or ‘‘P’’ steel stamped after

the cylinder position number, as cylinders

marked with ‘‘M’’ or ‘‘P’’ have a surface

finish that has been found to be within

specification, no further action is required.

The cylinder position number is located at

the 12 o’clock position on the cylinder

mounting flange.

(3) If a cylinder has been replaced with a

cylinder purchased during those time frames

listed in the CSB, remove from service the

affected cylinders and piston pins in

accordance with the Inspection Instructions,

Part 2–1(a) of TCM CSB No. CSB97–10A,

dated July 15, 1997.

(4) Obtain serviceable replacement parts

and reassemble the engine in accordance

with the Inspection Instructions, Part 2–2, of

TCM CSB No. CSB97–10A, dated July 15,

1997.

(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, Atlanta

Aircraft Certification Office. Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Atlanta Aircraft Certification

Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,
52944 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations

if any, may be obtained from the Atlanta

Aircraft 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 aircraft to

a location where the requirements of this AD

can be accomplished.

(f) The actions required by this AD shall be

done in accordance with the following TCM

CSB:

Document No. Pages Date

CSB97–10A ....... 1–11 July 15, 1997.

Total pages: 11.

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 Teledyne Continental Motors, PO Box

90, Mobile, AL 36601; telephone toll free

(888) 826–5874. Copies may be inspected at

the FAA, New England Region, Office of the

Assistant Chief Counsel, 12 New England

Executive Park, Burlington, MA; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(g) This amendment supersedes priority

letter AD 97–15–01, issued July 17, 1997.

(h) This amendment becomes effective on

October 27, 1997.

Issued in Burlington, Massachusetts, on

September 30, 1997.

James C. Jones,

Assistant Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 97–26797 Filed 10–9–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 697

Industries in American Samoa; Wage

Order

AGENCY: Wage and Hour Division,

Employment Standards Administration,

Labor.

ACTION: Final rule.

SUMMARY: Under the Fair Labor

Standards Act, minimum wage rates in

American Samoa are set by a special

industry committee appointed by the

Secretary of Labor. This document puts

into effect the minimum wage rates

recommended for various industry

categories by Industry Committee No. 22

which met in Pago Pago, American

Samoa, during the week of June 22,

1997.

DATES: This rule shall become effective

on October 27, 1997.

Applicability date: The new

minimum wage rates are effective on

October 27, 1997 unless otherwise

noted.

FOR FURTHER INFORMATION CONTACT:

Arthur M. Kerschner, Jr., Office of

Enforcement Policy, Child Labor and

Special Employment Team, Wage and

Hour Division, Employment Standards

Administration, U.S. Department of

Labor, Room S–3510, 200 Constitution

Avenue, NW., Washington, D.C. 20210:

telephone (202) 219–7640. This is not a

toll free number. Copies of the Final

Rule in alternative formats may be

obtained by calling (202) 219–7605,

(202) 219–4634 (TDD). The alternative

formats available are large print,

electronic file on computer disk and

audio-tape.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

This rule contains no reporting or

recordkeeping requirements which are

subject to review and approval by the

Office of Management and Budget

(OMB) under the Paperwork Reduction

Act of 1995 (Pub. L. 104–13).

II. Background

Pursuant to sections 5, 6, and 8 of the

Fair Labor Standards Act of 1938 (52

Stat. 1062, 1064), as amended (29 U.S.C.

205, 206, 208) and Reorganization Plan

No. 6 of 1950 (3 CFR 1949–53 Comp.,

p. 1004), and by means of

Administrative Order No. 663 (62 F.R.

14446), the Secretary of Labor appointed

and convened Industry Committee No.

22 for Industries in American Samoa,

referred to the Committee the question

of the minimum rates of wages to be

paid under section 8 of the FLSA to

employees within the industries, and

gave notice of a hearing to be held by

the Committee.

Subsequent to an investigation and a

hearing conducted in Pago Pago

pursuant to the notice, the Committee

filed with the Administrator of the Wage

and Hour Division a report containing

its findings of fact and

recommendations with respect to

minimum wage rates for various

industry classifications. The FLSA

requires that the Secretary publish this

report in the Federal Register and

further requires that the

recommendations in the report be

effective 15 days after publication.

Accordingly, as authorized and

required by section 8 of the Fair Labor

Standards Act of 1938, Reorganization

Plan No. 6 of 1950 and 29 CFR 511.18,

this rule hereby revises § 697.1 and

697.3 of 29 CFR part 697 to implement

the recommendations of Industry

Committee No. 22.

Executive Order 12866/Section 202 of

the Unfunded Mandates Reform Act of

1995 and Executive Order 12875/Small

Business Regulatory Enforcement

Fairness Act

This rule is not a ‘‘significant

regulatory action’’ within the meaning

of Executive Order 12866, and no

regulatory impact analysis is required.

This document puts into effect the wage

rates recommended by Industry

Committee No. 22 which met in Pago

Pago, American Samoa during the week

of June 22, 1997. The Committee

recommended increases over two years

in various industry categories, ranging

from 6 cents per hour for the shipping

and transportation industry,

classification B—unloading of fish from

marine vessels; to 25 cents per hour for

the publishing industry.

When these increases are fully

implemented, wage rates will range

from $2.45 an hour (miscellaneous

activities) to $3.87 an hour (shipping

and transportation, classification A,

stevedoring, lighterage, and maritime

shipping activities).

There are approximately 16,000

employees in the various industry

classifications. Based on the number of

workers whose wages must be increased

to the new minimum wage levels in

1997 and/or 1998, and assuming that

employees currently paid at or in excess

of the new minimum wages will also

receive commensurate wage increases to

maintain relative pay comparability,

increases in the overall annual wage bill

are expected to be modest—

approximately $208,000 in 1997 and

$2.8 million in 1998. Thus this rule is

not expected to result in a rule that may

[1] have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities; [2] create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; [3] materially alter the

budgetary impact of entitlements,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or [4] raise novel legal or policy

issues arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866.

For reasons similar to those noted

above, the rule does not require a § 202

statement under the Unfunded

Mandates Reform Act of 1995. Because

the Secretary has no authority to change

a recommendation of the Industry

Committee, compliance with Executive