Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Rules and Regulations 52655

remove the existing never-exceed-velocity

(VNE) placard from the overhead console and

install VNE placard, P/N 430–075–208–107,

or P/N 430–075–208–109, as applicable, in

accordance with Part II, of the

Accomplishment Instructions of BHTC ASB

No. 430–97–2, dated July 11, 1997.

(e) Install on each airspeed indicator a red

arc between 120 knots and 150 knots to

indicate that airspeeds above 120 knots

indicated airspeed are prohibited. Install a

slippage mark on each airspeed indicator

glass and instrument case.

(f) Insert the temporary revisions, BHT–

430–FM–1 and BHT–430–FMS–1, as

appropriate, both dated July 7, 1997, into the

rotorcraft flight manual.

(g) 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, Rotorcraft

Certification Office, Rotorcraft Directorate,

FAA. Operators shall submit their requests

through an FAA Principal Maintenance

Inspector, who may concur or comment and

then send it to the Manager, Rotorcraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Certification

Office.

(h) Special flight permits will not be

issued.

(i) The inspections and installations shall

be done in accordance with Bell Helicopter

Textron Alert Service Bulletin (ASB) No.

430–97–2, dated July 11, 1997. 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 Bell

Helicopter Textron Canada, 12,800 Rue de

l’Avenir, Mirabel, Quebec JON1LO,

telephone (800) 463–3036, fax (514) 433–

0272. 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.

(j) This amendment becomes effective on

October 24, 1997, to all persons except those

persons to whom it was made immediately

effective by priority letter AD 97–15–16,

issued July 18, 1997, which contained the

requirements of this amendment.

Issued in Fort Worth, Texas, on September

26, 1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–26623 Filed 10–8–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–15–AD; Amendment

39–10153; AD 97–20–16]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

Deutschland GmbH (ECD) (Eurocopter)

Model MBB–BK117 A–1, A–3, A–4, B–

1, B–2, and C–1 Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Eurocopter Model MBB–

BK117 A–1, A–3, A–4, B–1, B–2, and C–

1 helicopters, that currently requires

initial and repetitive inspections of both

surfaces of the tail boom vertical fin

(vertical fin) spar, the skin, and the lefthand and right-hand frame sheets for

cracks or loose rivets. This amendment

requires the same initial and repetitive

inspections of the vertical fin spar that

are required by the existing AD, and

also requires repairing certain cracks, if

found, and repairing and reporting loose

rivets and certain other cracks, if found.

This amendment is prompted by an

accident which occurred on April 15,

1997, resulting in one fatality. A

subsequent investigation revealed that

the vertical fin had failed as a result of

a fatigue crack that initiated on the left

side of the vertical fin spar cap. The

actions specified by this AD are

intended to prevent failure of the

vertical fin and subsequent loss of

control of the helicopter.

DATES: Effective October 24, 1997. The

incorporation by reference of certain

publications listed in the regulations is

approved by the Director of the Federal

Register as of October 24, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 8, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 97–SW–15–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

The service information referenced in

this AD may be obtained from American

Eurocopter Corporation, 2701 Forum

Drive, Grand Prairie, Texas 75053–4005,

telephone (972) 641–3460, fax (972)

641–3527. This information may be

examined at the FAA, Office of Regional

Counsel, Southwest Region, 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:

Mr. Richard Monschke, Aerospace

Engineer, Rotorcraft Standards Staff,

2601 Meacham Blvd., Fort Worth, Texas

76137, telephone (817) 222–5116, fax

(817) 222–5961.

SUPPLEMENTARY INFORMATION: On April

25, 1997, the FAA issued priority letter

AD 97–09–16, to require inspecting both

surfaces of the vertical fin spar, part

number (P/N) 105–304061.03, P/N

1120–30406.03, or P/N 117–30423–03,

paying particular attention to the area

extending from the top edge of the

second lightening hole from the top of

the vertical fin spar to the bottom edge

of the fourth lightening hole, the outer

skin (skin), and the left-hand and righthand frame plates for cracks, loose

rivets, or other anomalies. This

inspection must be performed before

further flight, then repeated at intervals

not to exceed 100 hours time-in-service.

That action was prompted by an

accident involving a Eurocopter Model

MBB–BK117 series helicopter, which

occurred on April 15, 1997, resulting in

one fatality. A subsequent investigation

revealed that the vertical fin had failed

as a result of a fatigue crack that

initiated on the left side of the vertical

fin spar cap. The crack propagated

across the spar cap and spar web until

only the skin was carrying the flight

load. The skin then started cracking,

with the crack propagating horizontally

toward the vertical fin leading edge

until catastrophic overstress occurred.

Inspections of other helicopters of the

same type design revealed cracks in the

vertical fin spars of three additional

helicopters. That condition, if not

corrected, could result in failure of the

vertical fin and subsequent loss of

control of the helicopter.

Since the issuance of that AD, the

manufacturer has developed repair

procedures for the cracks, which were

unavailable at the time of the release of

the priority letter AD, and has issued

Eurocopter Alert Service Bulletin MBB–

BK117 No. ASB–MBB–BK117–30–106,

Revision 3, dated May 5, 1997, which

specifies repair procedures for the spar

cap, as well as subsequent inspection

requirements.

This helicopter model is

manufactured in The Federal Republic

of Germany and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral
52656 Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Rules and Regulations

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the Luftahrt-Bundesamt (LBA) has kept

the FAA informed of the situation

described above. The FAA has

examined the findings of the LBA,

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.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Eurocopter Model

MBB–BK117 series helicopters of the

same type design, this AD supersedes

AD 97–09–16 to require inspecting both

surfaces of the vertical fin spar, part

number (P/N) 105–304061.03, P/N

1120–30406.03, or P/N 117–30423–03,

paying particular attention to the area

extending from the top edge of the third

lightening hole from the top of the

vertical fin spar to halfway between the

fourth and fifth lightening hole (see

Figure 1 for description of area to be

inspected), the skin, and the left-hand

and right-hand frame sheets for cracks

or loose rivets. This inspection must be

repeated at intervals not to exceed 100

hours time-in-service until the repair is

accomplished. If a crack is found in the

area of the fourth lightening hole of the

vertical fin spar, including a crack in the

cap or ‘‘c’’ channel area of the spar, or

in the left-hand frame sheet, P/N 105–

304161 or P/N 1120–30416, or in the

right-hand frame sheet, P/N 105–304211

or P/N 1120–30421, before further flight,

the crack must be repaired in

accordance with the repair instructions

that are an Appendix titled ‘‘Repair of

BK117 Vertical Fin’’ to Eurocopter Alert

Service Bulletin MBB–BK117 No. ASB–

MBB–BK117–30–106, Revision 3, dated

May 5, 1997. Thereafter, this AD

requires that a visual inspection for

cracks be performed at intervals not to

exceed 300 hours TIS. If a crack or loose

rivet is found in the area other than that

described in paragraph (a) of this AD,

including any crack that is found to

extend into the skin, P/N 105–

304011.18 or P/N 1120–30402.0, contact

the Rotorcraft Standards Staff before

further flight. Further evaluation is

required before further flight. If no crack

is found, the repetitive visual inspection

for cracks is required at intervals not to

exceed 100 hours TIS until the repair

specified in the repair instruction is

accomplished. The repair must be

accomplished within 600 hours TIS

after the accomplishment of the initial

inspection. Thereafter, the repetitive

visual inspections for cracks at intervals

not to exceed 300 hours TIS are

required. The actions are required to be

accomplished in accordance with the

service bulletin 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.

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. 97–SW–15–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

(AD), Amendment 39–10153, to read as

follows:

97–20–16 Eurocopter Deutschland GmbH

(ECD): Amendment 39–10153. Docket

No. 97–SW–15–AD. Supersedes priority

letter AD 97–09–16.

Applicability: Model MBB–BK117 A–1, A–

3, A–4, B–1, B–2, and C–1 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 (f) 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
Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Rules and Regulations 52657

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 failure of the tail boom vertical

fin (vertical fin) and subsequent loss of

control of the helicopter, accomplish the

following:

(a) Before further flight, remove the tail

rotor drive shaft between the intermediate

and tail rotor gearboxes and the yaw servo (if

installed). Thoroughly clean the vertical fin

spar and adjacent areas and visually inspect

the following for cracks or loose rivets:

(1) Both surfaces of the vertical fin spar,

part number (P/N) 105–304061.03, P/N 1120–

30406.03, or P/N 117–30423–03, paying

particular attention to the area extending

from the top edge of the third lightening hole

from the top of the vertical fin spar to

halfway between the fourth and fifth

lightening hole (see Figure 1).

(2) The skin and left-hand and right-hand

frame sheets.

(b) If a crack or loose rivet is found in the

area described in paragraph (a) of this AD

(see Figure 1), before further flight, repair in

accordance with the Appendix, ‘‘Repair of

BK117 Vertical Fin’’, to Eurocopter Alert

Service Bulletin MBB–BK117 No. ASB–

MBB–BK117–30–106, Revision 3, dated May

5, 1997. Thereafter, perform the inspection

described in paragraph (a) of this AD at

intervals not to exceed 300 hours TIS.

(c) If a crack or lose rivet is found in the

area other than that described in paragraph

(a) of this AD, including any crack that is

found to extend into the skin, P/N 105–

304011.18 or P/N 1120–30402.08, before

further flight, contact the Rotorcraft

Standards Staff. Reporting requirements have

been approved by the Office of Management

and Budget and assigned OMB control

number 2120–0056.

(d) If no crack or loose rivet is found as a

result of the inspection required by

paragraph (a) of this AD, thereafter, until the

repair is made in accordance with the

Appendix, ‘‘Repair of BK117 Vertical Fin’’, to

Eurocopter Alert Service Bulletin MBB–

BK117 No. ASB–MBB–BK117–30–106,

Revision 3, dated May 5, 1997, conduct the

visual inspection required by paragraph (a) of

this AD at intervals not to exceed 100 hours

TIS.

(e) Within 600 hours TIS after the effective

date of this AD, accomplish the repair to the

vertical fin in accordance with the Appendix,

‘‘Repair of BK117 Vertical Fin’’, to

Eurocopter Alert Service Bulletin MBB–

BK117 No. ASB–MBB–BK117–30–106,

Revision 3, dated May 5, 1997. Thereafter,

perform the visual inspection required by

paragraph (a) of this AD at intervals not to

exceed 300 hours TIS.

(f) 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, FAA,

Rotorcraft Directorate, Rotorcraft Standards

Staff. Operators shall submit their requests

through an FAA Principal Maintenance

Inspector, who may concur or comment and

then send it to the Manager, Rotorcraft

Standards Staff.

BILLING CODE 4910–13–U
52658 Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Rules and Regulations

BILLING CODE 4910–13–C
Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Rules and Regulations 52659

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(g) Special flight permits will not be

issued.

(h) The inspections and repair shall be

done in accordance with Eurocopter

Deutschland GmbH (ECD) Alert Service

Bulletin ASB–MBB–BK117–30–106, Revision

3, dated May 5, 1997, including Appendix.

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 American Eurocopter Corporation, 2701

Forum Drive, Grand Prairie, Texas 75053–

4005, telephone (972) 641–3460, fax (972)

641–3527. Copies may be inspected at the

FAA, Office of Regional Counsel, Southwest

Region, 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.

Note 3: The subject of this AD is addressed

in Luftfahrt-Bundesamt (Germany) AD 97–

144/2, dated June 5, 1997.

(i) This amendment becomes effective on

October 24, 1997.

Issued in Fort Worth, Texas, on September

26, 1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–26792 Filed 10–8–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 331

RIN 0905–AA06

Antacid Drug Products for Over-theCounter Human Use; Amendment of

Antacid Monograph

CFR Correction

In Title 21 of the Code of Federal

Regulations, parts 300 to 499, revised as

of April 1, 1997, on page 227, in

§ 331.10, the revision of paragraph (a)

and the source note were inadvertently

omitted. The correct text of paragraph

(a) and the source note read as follows:

§ 331.10 Antacid active ingredients.

(a) The active antacid ingredients of

the product consist of one or more of the

ingredients permitted in § 331.11 within

any maximum daily dosage limit

established, each ingredient is included

at a level that contributes at least 25

percent of the total acid neutralizing

capacity of the product, and the finished

product contains at least 5 meq of acid

neutralizing capacity as measured by

the procedure provided in the United

States Pharmacopeia 23/National

Formulary 18. The method established

in § 331.20 shall be used to determine

the percent contribution of each antacid

active ingredient.

* * * * *

[39 FR 19874, June 4, 1974, as amended at

61 FR 4822, Feb. 8, 1996]

BILLING CODE 1505–01–D

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 436

Antibiotic Drugs; Loracarbef,

Loracarbef Capsules, and Loracarbef

for Oral Suspension and Rifabutin and

Rifabutin Capsules

CFR Correction

In Title 21 of the Code of Federal

Regulations, parts 300 to 499, revised as

of April 1, 1997, on page 399, in

§ 436.215(c)(16)(iv), make the following

changes:

1. Immediately following the

equation, insert the word ‘‘where:’’ as a

separate line.

2. In the second column, delete the

hyphen between the words

‘‘milligrams’’ and ‘‘per’’ in line 2.

3. In paragraph (c)(18)(iv) of

§ 436.215, immediately following the

equation, insert the word ‘‘where:’’ as a

separate line.

BILLING CODE 1505–01–D

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 510

New Animal Drugs

CFR Correction

In Title 21 of the Code of Federal

Regulations, parts 500 to 599, revised as

of April 1, 1997, on page 48, in

§ 510.515, paragraph (c), entry 5 is

amended by adding ‘‘Arsanilic acid’’

below ‘‘Chlortetracyline’’ in the first

column.

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 027–1027; FRL–5891–2]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final conditional rule.

SUMMARY: The EPA is taking final action

to conditionally approve the State

Implementation Plan (SIP) revision

concerning Missouri Rule 10 CSR 10–

2.330, Control of Gasoline Reid Vapor

Pressure, submitted by the Missouri

Department of Natural Resources

(MDNR). This revision sets a

summertime gasoline Reid vapor

pressure (RVP) limit of 7.2 pounds per

square inch (psi), and 8.2 psi for

gasoline containing at least 9.0 percent

by volume but not more than 10.0

percent by volume ethanol, for gasoline

distributed in Clay, Platte, and Jackson

Counties in Missouri. This revision is

necessary to ensure that the area

continues to maintain the National

Ambient Air Quality Standard (NAAQS)

for ozone.

DATES: This rule is effective on

November 10, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Stan

Walker at (913) 551–7494.

SUPPLEMENTARY INFORMATION: On March

24, 1997 (62 FR 13846) the EPA

proposed approval of the SIP revision

concerning Missouri Rule 10 CSR 10–

2.330, Control of Gasoline Reid Vapor

Pressure, submitted by MDNR. This

revision, which limits the RVP of

gasoline sold in the Missouri portion of

the Kansas City metropolitan area, is

necessary to help the Kansas City area

maintain the NAAQS for ozone. In

accord with section 211(c)(4)(C), the

EPA is able to approve this fuel control

measure because the state of Missouri

demonstrated that the measure is

necessary to achieve the national

primary and secondary ambient air

quality standard. The EPA also approves

the state fuel requirement as necessary

because no other measures would bring

about timely attainment, or if other

measures exist, they are unreasonable or

impracticable.