59566 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Rules and Regulations

Communications shall 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 Number 97–NM–268–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

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 the following new airworthiness

directive:

97–23–02 Boeing: Amendment 39–10190.

Docket 97–NM–268–AD.

Applicability: Model 727–100 series

airplanes modified in accordance with

Supplemental Type Certificate (STC)

SA8472SW, which includes installation of

Rolls-Royce Tay 651–54 engines; 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.

Compliance: Required as indicated, unless

accomplished previously.

To prevent uncontained failure of engine

fan blades due to high cycle fatigue cracking,

which could result in loss of thrust from the

affected engine and secondary damage to the

airplane and/or fire, accomplish the

following:

(a) Within 72 hours after the effective date

of this AD, revise the Limitations Section of

the FAA-approved Airplane Flight Manual

(AFM) by inserting a copy of Dee Howard

Airplane AFM Supplement CR102–F–066,

Change 19, dated October 2, 1997, in the

AFM.

(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, Airplane

Certification Office, ASW–150, FAA,

Rotorcraft Directorate. Operators shall submit

their requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Airplane Certification Office,

ASW–150.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Airplane Certification

Office, ASW–150.

(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) The AFM revision shall be done in

accordance with Dee Howard Airplane Flight

Manual Supplement CR102–F–066, Change

19, dated October 2, 1997 (for Boeing 727QF

airplanes), which contains the following list

of effective pages.

Page number

Revision

level shown

on page

Date shown

on page

Title Page ..... 19 ................. November

25, 1992.

1–1, 1–3, 3–

4, 3–15, 4–

61.

Not Shown ... October 2,

1997.

The 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 the Dee Howard Company, P.O. Box

469001, San Antonio, Texas 78246. Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at the FAA,

Rotorcraft Directorate, 2601 Meacham

Boulevard, Fort Worth, Texas; or at the Office

of the Federal Register, 800 North Capitol

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

(e) This amendment becomes effective on

November 19, 1997.

Issued in Renton, Washington, on October

29, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29114 Filed 11–3–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–225–AD; Amendment

39–10191; AD 97–23–03]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace (Jetstream) Model HS 748

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Rules and Regulations 59567

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain British Aerospace

(Jetstream) Model HS 748 series

airplanes. This action requires a onetime visual inspection of the retraction

jack mounting brackets in the nose

landing gear bay to determine the type

of attachment bolts installed on the

bracket bearing caps, and replacement

of any incorrect bolt with a serviceable

bolt of the correct type. This

amendment is prompted by the issuance

of mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified in this AD are intended to

prevent failure of the bearing cap

attachment bolts, which could result in

detachment of the bearing caps and

consequent collapse of the nose landing

gear on landing.

DATES: Effective November 19, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

19, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 4, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

225–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Ai(R)

American Support, Inc., 13850

McLearen Road, Herndon, Virginia

20171. This information may be

examined 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.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The Civil

Aviation Authority (CAA), which is the

airworthiness authority for the United

Kingdom, notified the FAA that an

unsafe condition may exist on certain

British Aerospace (Jetstream) Model HS

748 series airplanes. The CAA advises

that it received reports indicating that

mounting bracket assemblies of several

replacement retraction jack mounting

brackets in the nose landing gear bay

were installed with incorrect

‘‘transport’’ bolts, rather than the

required high-strength bolts. The actions

specified in this AD are intended to

prevent failure of the bearing cap

attachment bolts, which could result in

detachment of the bearing caps and

consequent collapse of the nose landing

gear on landing.

Explanation of Relevant Service

Information

Jetstream has issued Service Bulletin

HS748–53–59-INSP, dated May 4, 1994,

which describes procedures for a onetime visual inspection of the retraction

jack mounting brackets in the nose

landing gear bay to determine the type

of attachment bolts installed on the

bracket bearing caps, and replacement

of any incorrect bolt with a serviceable

bolt of the correct type.

Accomplishment of the actions

specified in the service bulletin is

intended to adequately address the

identified unsafe condition. The CAA

classified this service bulletin as

mandatory and issued British

airworthiness directive 007–05–94 in

order to assure the continued

airworthiness of these airplanes in the

United Kingdom.

FAA’s Conclusions

This airplane model is manufactured

in the United Kingdom and is type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.19) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD requires accomplishment

of the actions specified in the service

bulletin described previously, except as

described below.

Differences Between this AD and the

Service Information

Operators should note that, unlike the

procedures described in the referenced

service bulletin and the British

airworthiness directive, this AD will not

permit further flight with any incorrect

bolt installed on a bracket bearing cap.

The FAA has determined that, due to

the safety implications and

consequences associated with the

installation of such incorrect parts, all

incorrect bolts must be replaced prior to

further flight.

Cost Impact

None of the Jetstream Model HS 748

series airplanes affected by this action

are on the U.S. Register. All airplanes

included in the applicability of this rule

currently are operated by non-U.S.

operators under foreign registry;

therefore, they are not directly affected

by this AD action. However, the FAA

considers that this rule is necessary to

ensure that the unsafe condition is

addressed in the event that any of these

subject airplanes are imported and

placed on the U.S. Register in the future.

Should an affected airplane be

imported and placed on the U.S.

Register in the future, it would require

approximately 1 work hour per airplane

to accomplish the required actions, at an

average labor rate of $60 per work hour.

Based on these figures, the cost impact

of this AD would be $60 per airplane.

Determination of Rule’s Effective Date

Since this AD action does not affect

any airplane that is currently on the

U.S. register, it has no adverse economic

impact and imposes no additional

burden on any person. Therefore, prior

notice and public procedures hereon are

unnecessary and the amendment may be

made effective in less than 30 days after

publication in the Federal Register.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and 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

shall 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,
59568 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Rules and Regulations

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 Number 97–NM–225–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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

adding the following new airworthiness

directive:

97–23–03 British Aerospace Regional

Aircraft [Formerly Jetstream Aircraft

Limited, British Aerospace (Commercial

Aircraft] Limited]: Amendment 39–

10191. Docket 97–NM–225–AD.

Applicability: Jetstream Model HS 748

series airplanes on which Modification 7513

has been accomplished; 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.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the bearing cap

attachment bolts, which could result in

detachment of the bearing caps and

consequent collapse of the nose landing gear

on landing, accomplish the following:

(a) Within 100 landings after the effective

date of this AD, perform a one-time visual

inspection of the retraction jack mounting

brackets in the nose landing gear bay to

determine the type of attachment bolts

installed on the bracket bearing caps, in

accordance with Jetstream Service Bulletin

HS748–53–59–INSP, dated May 4, 1994. If

any series A111 bolt or any other hexagonal

head bolt is found, prior to further flight,

replace that bolt with a new 12-point, starshaped bolt having part number A228E18H

or MS21250H04018, and washer having part

number 8D14776; in accordance with the

service bulletin.

(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,

International Branch, ANM–116, 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, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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 actions shall be accomplished in

accordance with Jetstream Service Bulletin

HS748–53–59–INSP, dated May 4, 1994. 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

Jetstream Aircraft, Inc., 13850 McLearen

Road, Herndon, Virginia 20171. 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.

(e) This amendment becomes effective on

November 19, 1997.

Note 3: The subject of this AD is addressed

in British airworthiness directive 007–05–94.

Issued in Renton, Washington, on October

29, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29113 Filed 11–3–97; 8:45 am]

BILLING CODE 4910–13–U

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

29 CFR Part 2204

Amendment of the Commission’s

Equal Access to Justice Rules

AGENCY: Occupational Safety and Health

Review Commission.

ACTION: Final rule.

SUMMARY: This document amends the

Occupational Safety and Health Review

Commission’s procedural rules on

eligibility under the equal Access to

Justice Act by adding a paragraph

requiring that the net worth and number

of employees of an applicant shall be

aggregated with those of its affiliates,

unless to do so would be unfair and

contrary to the purposes of the Equal

Access to Justice Act. This amendment

will minimize extra unnecessary

collateral litigation and bring the

Commission into conformity with the

corresponding rule adopted by most

other federal agencies. This document

also changes the shortened reference to

the Equal Access to Justice Act used in

this Part to read, as it is commonly

referred to, ‘‘EAJA.’’

DATES: Effective November 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Earl R. Ohman, Jr., General Counsel,

(202) 606–5410, Occupational Safety

and Health Review Commission, 1120

20th Street, N.W., Ninth Floor,

Washington, DC 20036–3419.

SUPPLEMENTARY INFORMATION: On August

11, 1997, the Commission published in