56056 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations

certification or authentication of records

may be granted in the discretion of the

General Counsel. Waivers will not be

granted routinely. If you request a

waiver, your request for records or

testimony must state the reasons why a

waiver should be granted.

§ 792.48 If my request is granted, what

restrictions apply?

(a) Records. The General Counsel may

impose conditions or restrictions on the

release of nonpublic records, including

a requirement that you obtain a

protective order or execute a

confidentiality agreement with the other

parties in the legal proceeding that

limits access to and any further

disclosure of the nonpublic records. The

terms of a confidentiality agreement or

protective order must be acceptable to

the General Counsel. In cases where

protective orders or confidentiality

agreements have already been executed,

the NCUA may condition the release of

nonpublic records on an amendment to

the existing protective order or

confidentiality agreement.

(b) Testimony. The General Counsel

may impose conditions or restrictions

on the testimony of NCUA employees,

including, for example, limiting the

areas of testimony or requiring you and

the other parties to the legal proceeding

to agree that the transcript of the

testimony will be kept under seal or will

only be used or made available in the

particular legal proceeding for which

you requested the testimony. The

General Counsel may also require you to

provide a copy of the transcript of the

testimony to the NCUA at your expense.

§ 792.49 Definitions.

Legal proceedings means any matter

before any federal, state or foreign

administrative or judicial authority,

including courts, agencies,

commissions, boards or other tribunals,

involving such proceedings as lawsuits,

licensing matters, hearings, trials,

discovery, investigations, mediation or

arbitration. When the NCUA is a party

to a legal proceeding, it will be subject

to the applicable rules of civil procedure

governing production of documents and

witnesses, however, this subpart will

still apply to the testimony of former

NCUA employees.

NCUA employee means current and

former officials, members of the Board,

officers, directors, employees and agents

of the National Credit Union

Administration, including contract

employees and consultants and their

employees. This definition does not

include persons who are no longer

employed by the NCUA and are retained

or hired as expert witnesses or agree to

testify about general matters, matters

available to the public, or matters with

which they had no specific involvement

or responsibility during their

employment.

Nonpublic records means any NCUA

records that are exempt from disclosure

under §792.3, the NCUA regulations

implementing the provisions of the

Freedom of Information Act. For

example, this means records created in

connection with NCUA’s examination

and supervision of insured credit

unions, including examination reports,

internal memoranda, and

correspondence, and, also, records

created in connection with NCUA’s

enforcement and investigatory

responsibilities.

Subpoena means any order, subpoena

for records or other tangible things or for

testimony, summons, notice or legal

process issued in a legal proceeding.

Testimony means any written or oral

statements made by an individual in

connection with a legal proceeding

including personal appearances in court

or at depositions, interviews in person

or by telephone, responses to written

interrogatories or other written

statements such as reports, declarations,

affidavits, or certifications or any

response involving more than the

delivery of records.

[FR Doc. 97–28585 Filed 10–28–97; 8:45 am]

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–84–AD; Amendment

39–10178; AD 97–06–07 R1]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

Equipped With Burns Aerospace

Corporation Passenger Seats

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment revises an

existing airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that currently

requires modification of the restraining

systems of certain passenger seats by

replacing anchor point fasteners with

fasteners that are able to withstand

required 16g load conditions. That AD

was prompted by a report indicating

that the restraining systems on these

seats failed to meet 16g test load

requirements during dynamic testing.

The actions specified by that AD are

intended to prevent the fasteners from

failing, which could result in release of

the seat restraint and consequent injury

to passengers. This amendment revises

the applicability of the existing AD to

specify serial numbers of the affected

passenger seats.

DATES: Effective November 13, 1997.

The incorporation by reference of

Dornier Service Bulletin SB–328–25–

114, Revision 1, dated April 17, 1997, as

listed in the regulations, is approved by

the Director of the Federal Register as of

November 13, 1997.

The incorporation by reference of

Dornier Service Bulletin SB–328–25–

114, dated July 10, 1995, as listed in the

regulations, was approved previously by

the Director of the Federal Register as of

April 18, 1997 (62 FR 12081, March 14,

1997).

Comments for inclusion in the Rules

Docket must be received on or before

November 28, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

84–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Dornier

Luftfahrt GmbH, P.O. Box 1103, D–

82230 Wessling, Germany. 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:

Connie Beane, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2796; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: On March

6, 1997, the FAA issued AD 97–06–07,

amendment 39–9964 (62 FR 12081,

March 14, 1997), applicable to certain

Dornier Model 328–100 series airplanes,

to require modification of the

restraining systems on certain passenger

seats by replacing the anchor point

fasteners with new fasteners that are

able to withstand the required 16g load

conditions. That action was prompted

by a report indicating that the

restraining systems on these seats failed

to meet 16g test load requirements

during dynamic testing. The

requirements of that AD are intended to

prevent the fasteners from failing, which
Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations 56057

could result in release of the seat

restraint and consequent injury to

passengers.

Actions Since Issuance of Previous Rule

Since the issuance of that AD, Dornier

has issued Service Bulletin SB–328–25–

114, Revision 1, dated April 17, 1997.

The modification procedures described

in this revision are identical to those

described in the original version of the

service bulletin (which was referenced

in AD 97–06–07 as the appropriate

source of service information for

accomplishment of the modification).

The only change made by Revision 1 is

to limit the effectivity to airplanes on

which seats with specific serial numbers

are installed. Seats with later serial

numbers have been modified in

production. The Luftfahrt-Bundesamt

(LBA), which is the airworthiness

authority for Germany, classified this

service bulletin as mandatory in order to

assure the continued airworthiness of

these airplanes in Germany.

FAA’s Findings

This airplane model is manufactured

in 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

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the 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.

Explanation of Requirements of 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 revises AD 97–06–07 to

continue to require modification of the

restraining systems on certain passenger

seats installed on Dornier Model 328–

100 series airplanes. This AD also

revises the applicability of the existing

AD to specify serial numbers of the

affected passenger seats.

Determination of Rule’s Effective Date

As with all AD’s, AD 97–06–07

requires accomplishment of certain

actions ‘‘unless accomplished

previously.’’ For the airplanes that are

excluded from the applicability of this

AD by this revision, the required actions

have been ‘‘accomplished previously’’

during production, and this revision

simply identifies explicitly those

airplanes on which no further action is

required. Consequently, this revision

makes no substantive change to the

requirements of the existing AD. For

this reason, it is found that the notice

and opportunity for prior public

comment hereon for this action are

unnecessary, 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 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–84–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

removing amendment 39–9964 (62 FR

12081, arch 14, 1997), and by adding a

new airworthiness directive (AD),

amendment 39–10178, to read as

follows:

97–06–07 R1 Dornier: Amendment 39–

10178. Docket 97-NM–84-AD. Revises

AD 97–06–07, Amendment 39–9964.

Applicability: Model 328–100 series

airplanes equipped with Burns Aerospace

Corporation commuter seat models JB6.8–1–

22 and JB6.8–2–42 passenger seats having

serial numbers up to and including 384616;

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.
56058 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations

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 anchor point

fasteners on the seat restraining system,

which could result in release of the seat

restraint and consequent injury to

passengers, accomplish the following:

(a) Within 60 days after April 18, 1997 (the

effective date of AD 97–06–07, amendment

39–9964), replace each anchor point fastener

on the restraining system of each seat with

a fastener of improved design, in accordance

with Dornier Service Bulletin SB–328–25–

114, dated July 10, 1995, or Revision 1, dated

April 17, 1997.

Note 2: The referenced Dornier service

bulletin refers to Burns Aerospace

Corporation Service Bulletin 25–20–989,

Revision B, dated June 14, 1995, or Revision

D, dated August 25, 1995, as an additional

source of service information for identifying

the affected seats and replacing the anchor

point fasteners on their restraining systems.

(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,

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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(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 replacement shall be done in

accordance with Dornier Service Bulletin

SB–328–25–114, dated July 10, 1995, or

Dornier Service Bulletin SB–328–25–114,

Revision 1, dated April 17, 1997.

(1) The incorporation by reference of

Dornier Service Bulletin SB–328–25–114,

Revision 1, dated April 17, 1997, is approved

by the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51.

(2) The incorporation by reference of

Dornier Service Bulletin SB–328–25–114,

dated July 10, 1995, was approved previously

by the Director of the Federal Register as of

April 18, 1997 (62 FR 12081, March 14,

1997).

(3) Copies may be obtained from Dornier

Luftfahrt GmbH, P.O. Box 1103, D–82230

Wessling, Germany. 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.

Note 4: The subject of this AD is addressed

in German airworthiness directive 95–240/2,

dated August 10, 1995.

(e) This amendment becomes effective on

November 13, 1997.

Issued in Renton, Washington, on October

21, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–28573 Filed 10–28–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–24–AD; Amendment 39–

10182; AD 97–22–10]

RIN 2120–AA64

Airworthiness Directives; Partenavia

Costruzioni Aeronauticas, S.p.A.

Models AP68TP 300 ‘‘Spartacus’’ and

AP68TP 600 ‘‘Viator’’ Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Partenavia Costruzioni

Aeronauticas, S.p.A. (Partenavia)

Models AP68TP 300 ‘‘Spartacus’’ and

AP68TP 600 ‘‘Viator’’ airplanes. This

AD requires amending the Limitations

Section of the airplane flight manual

(AFM) to prohibit the positioning of the

power levers below the flight idle stop

while the airplane is in flight. This AFM

amendment will include a statement of

consequences if the limitation is not

followed. This AD results from

numerous incidents and five

documented accidents involving

airplanes equipped with turboprop

engines where the propeller beta was

improperly utilized during flight. The

actions specified by this AD are

intended to prevent loss of airplane

control or engine overspeed with

consequent loss of engine power caused

by the power levers being positioned

below the flight idle stop while the

airplane is in flight.

EFFECTIVE DATE: December 5, 1997.

ADDRESSES: Information related to this

AD may be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket 97–CE–24–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: J.

Mike Kiesov, Aerospace Engineer, Small

Airplane Directorate, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone (816) 426–6934;

facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to all Partenavia Models AP68TP

300 ‘‘Spartacus’’ and AP68TP 600

‘‘Viator’’ airplanes was published in the

Federal Register as a notice of proposed

rulemaking (NPRM) on July 2, 1997 (62

FR 35702).

The NPRM proposed to require

amending the Limitations Section of the

AFM to prohibit the positioning of the

power levers below the flight idle stop

while the airplane is in flight, including

a statement of consequences if the

limitation is not followed. This AFM

amendment shall consist of the

following language:

Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may lead to

loss of airplane control or may result in an

overspeed condition and consequent loss of

engine power.

The NPRM is the result of numerous

incidents and five documented

accidents involving airplanes equipped

with turboprop engines where the

propeller beta was improperly utilized

during flight.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Compliance Time of This AD

The FAA has determined that the

compliance time of this AD should be

specified in calendar time instead of

hours time-in-service. While the

condition addressed by this AD is

unsafe while the airplane is in flight, the

condition is not a result of repetitive

airplane operation; the potential of the