Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations 5755

1991, has been accomplished; or that have

been repaired in accordance with an FAAapproved repair procedure, as specified in

paragraph (a)(3) of AD 91–24–09, amendment

39–8095; or on which the shroud assembly

has been replaced with a serviceable part:

Prior to the accumulation of 600 flight hours,

or within 60 days after July 24, 1996 (the

effective date AD 96–14–07, amendment 39–

9691), whichever occurs later.

(2) For airplanes on which the

modification specified in McDonnell Douglas

Service Bulletin 28–22, dated September 24,

1991, has not been accomplished: Prior to the

accumulation of 600 flight hours, or within

60 days since accomplishment of the last

visual inspection in accordance with AD 91–

24–09, amendment 39–8095; whichever

occurs first.

(b) Condition 1. No Discrepancy Found. If

no discrepancy is detected during any visual

inspection required by paragraph (a) of this

AD, accomplish either paragraph (b)(1) or

(b)(2) of this AD.

(1) Condition 1. Option 1. Repeat the visual

inspection required by paragraph (a) of this

AD thereafter at intervals not to exceed 600

flight hours or 60 days, whichever occurs

later. Or

(2) Condition 1. Option 2. Prior to further

flight, install a temporary phenolic support

block assembly, shim, clamp, and bracket

between the tail tank fuel pipe and station

Y=2033.750 bulkhead, in accordance with

Condition 1, Option 2, of McDonnell Douglas

Alert Service Bulletin MD11–28A082, dated

May 14, 1996. Within 6 months after

accomplishment of this installation, perform

a one-time inspection to verify the correct

position of the temporary support block

assembly installation in accordance with

Figure 2 (Sheet 2 of 3) of the alert service

bulletin.

(i) If the assembly is found to be positioned

properly, repeat the verification of the correct

position of the fuel pipe flange, as specified

in paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

(ii) If the assembly is found be improperly

positioned, prior to further flight, reposition

the fuel pipe in accordance with Figure 2

(Sheet 2 of 3) of the alert service bulletin.

Repeat the verification of the correct position

of the fuel pipe flange, as specified in

paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

(c) Condition 2. Discrepancy Found; ORing Not Exposed. If any discrepancy is

detected, and the fuel pipe is found to be

improperly positioned, but the O-ring is not

exposed, during any visual inspection

required by paragraph (a) of this AD, prior to

further flight, accomplish either paragraph

(c)(1) or (c)(2) of this AD.

(1) Condition 2. Option 1. Repeat the visual

inspection in paragraph (a) of this AD

thereafter at intervals not to exceed 600 flight

hours or 60 days, whichever occurs later. Or

(2) Condition 2. Option 2. Prior to further

flight, install a temporary phenolic support

block assembly, shim, clamp, and bracket

between the tail tank fuel pipe and station

Y=2033.750 bulkhead; and reposition the

fuel pipe assembly, as applicable; in

accordance with Condition 2, Option 2, of

McDonnell Douglas Alert Service Bulletin

MD11–28A082, dated May 14, 1996. Within

6 months after accomplishment of this

installation, perform a one-time inspection to

verify the correct position of the temporary

support block assembly installation in

accordance with Figure 2 (Sheet 2 of 3) of the

alert service bulletin.

(i) If the assembly is found to be positioned

properly, repeat the verification of the correct

position of the fuel pipe flange, as specified

in paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

(ii) If the assembly is found to be

improperly positioned, prior to further flight,

reposition the fuel pipe in accordance with

Figure 2 (Sheet 2 of 3) of the alert service

bulletin. Repeat the verification of the correct

position of the fuel pipe flange, as specified

in paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

(d) Condition 3. Discrepancy Found; ORing Exposed. If any discrepancy is detected,

and the fuel pipe is found to be improperly

positioned, and the O-ring is exposed, during

any visual inspection required by paragraph

(a) of this AD, prior to further flight, replace

the O-ring with a new O-ring, and install a

temporary phenolic support block assembly,

shim, clamp, and bracket between the tail

tank fuel pipe and station Y=2033.750

bulkhead, in accordance with McDonnell

Douglas Alert Service Bulletin MD11–

28A082, dated May 14, 1996. Within 6

months after accomplishment of the

replacement and installation, perform a onetime inspection to verify the correct position

of the temporary support block assembly

installation in accordance with Figure 2

(Sheet 2 of 3) of the alert service bulletin.

(1) If the assembly is found to be

positioned properly, repeat the verification of

the correct position of the fuel pipe flange,

as specified in paragraph (a) of this AD,

thereafter at intervals not to exceed 15

months.

(2) If the assembly is found to be

improperly positioned, prior to further flight,

reposition the fuel pipe in accordance with

Figure 2 (Sheet 2 of 3) of the alert service

bulletin. Repeat the verification of the correct

position of the fuel pipe flange, as specified

in paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

New Requirements of this AD

(e) Within 24 months after the effective

date of this AD, install a restraint on the tail

tank fuel pipe in accordance with McDonnell

Douglas Service Bulletin MD11–28–082,

dated July 29, 1996. Accomplishment of the

installation constitutes terminating action for

the repetitive inspection requirements of this

AD.

(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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(g) 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.

(h) The actions shall be done in accordance

with McDonnell Douglas Alert Service

Bulletin MD11–28A082, dated May 14, 1996;

and McDonnell Douglas Service Bulletin

MD11–28–082, dated July 29, 1996. The

incorporation by reference of McDonnell

Douglas Alert Service Bulletin MD11–

28A082, dated May 14, 1996, was approved

previously by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51 as of July 24, 1996 (61 FR

35946, July 9, 1996). The incorporation by

reference of McDonnell Douglas Service

Bulletin MD11–28–082, dated July 29, 1996,

is 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 McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1-L51

(2–60). Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

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

FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(i) This amendment becomes effective on

March 14, 1997.

Issued in Renton, Washington, on January

30, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2852 Filed 2–6–97; 8:45 am]

BILLING CODE 4910–13–p

14 CFR Part 71

[Airspace Docket No. 97–ANE–02]

Amendment to Class E Airspace; New

Haven, CT

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action modifies the Class

E airspace at New Haven, CT (KHVN) by

removing the Class E airspace extending

upward from the surface, effective

during the times when the Airport

Traffic Control Tower (ATCT) is not

operating. This action results from the

lack of continuous weather reporting at

Tweed-New Haven Municipal Airport.

DATES: Effective 0901 UTC, March 27,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

March 10, 1997.
5756 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations

ADDRESSES: Send comments on the

proposal to: Manager, Operations

Branch, ANE–530, Federal Aviation

Administration, Docket No. 97–ANE–

02, 12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(617) 238–7530; fax (617) 238–7596.

Comments may also be submitted

electronically to the following Internet

address: ‘‘9 ne airspace@faa.dot.gov’’

Comments must indicate Docket No.

97–ANE–02 in the subject line.

The official docket file may be

examined in the Office of the Assistant

Chief Counsel, New England Region,

ANE–7, Room 401, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone (617) 238–7050; fax

(617) 238–7055.

An informal docket may also be

examined during normal business hours

in the Air Traffic Division, Room 408,

by contacting the Manager, Operations

Branch at the first address listed above.

FOR FURTHER INFORMATION CONTACT:

Raymond Duda, Operations Branch,

ANE–530.3, 12 New England Executive

Park, Burlington, MA 01803–5299;

telephone (617) 238–7533; fax (617)

238–7596.

SUPPLEMENTARY INFORMATION: On May

16, 1994, the FAA established Class E

airspace at Tweed-New Haven Airport,

New Haven, CT (59 FR 25301, effective

June 23, 1994) based on the availability

of continuous weather reporting and

need for controlled airspace for aircraft

operating under instrument flight rules

(IFR) when the Airport Traffic Control

Tower (ATCT) was closed. That Class E

airspace extends upward from the

surface, and is effective during the

hours when the ATCT is closed.

The FAA has been advised that

continuous surface weather

observations are no longer available at

Tweed-New Haven. While the FAA has

selected Tweed-New Haven as a future

site for fully automated weather

observations using the Automated

Surface Observing System (ASOS), the

commissioning date for the New Haven

ASOS is unknown at this time.

Accordingly, the FAA must remove the

Class E airspace area that extends

upward from the surface during the

times when the ATCT does not operate.

This action does not affect the Class E

airspace area that extends upward from

700 feet above the surface, which

remains in place to provide adequate

controlled airspace for those aircraft

using the standard instrument approach

procedures at Tweed-New Haven when

the ATCT is closed.

Class E airspace designations for

airspace areas extending upward from

the surface of the earth are published in

paragraph 6002 of FAA Order 7400.9D,

dated September 4, 1996, and effective

September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be removed

subsequently from this Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment, and, therefore, issues

it as a direct final rule. The FAA has

determined that this regulation only

involves an established body of

technical regulations for which frequent

and routine amendments are necessary

to keep them operationally current.

Unless a written adverse or negative

comment, or a written notice of intent

to submit an adverse or negative

comment is received within the

comment period, the regulation will

become effective on the date specified

above. After the close of the comment

period, the FAA will publish a

document in the Federal Register

indicating that no adverse or negative

comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a direct final rule, and was not preceded

by a notice of proposed rulemaking,

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 or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this 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

action 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–ANE–02.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

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 noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation (1) is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under Department of

Transportation (DOT) Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979); and (3) does not

warrant preparation of a Regulatory

Evaluation as these routine matters will

only affect air traffic procedures and air

navigation. It is certified that these

proposed rules will not have significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration amends part 71

of the Federal Aviation Regulations (14

CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p.389.

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation
Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations 5757

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6002 Class E Airspace Areas

Designated as a Surface Area for an Airport

* * * * *

ANE CT E2 New Haven, CT [Removed]

* * * * *

Issued in Burlington, MA, on January 31,

1997.

David J. Hurley,

Manager, Air Traffic Division, New England

Region.

[FR Doc. 97–3073 Filed 2–6–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 96–ANE–29]

Amendment of Class E Airspace; Old

Town, ME

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; correction.

SUMMARY: This action corrects the

longitude and latitude coordinates for

Dewitt Field, Old Town Municipal

Airport (KOLD) in the description of

revised Class E airspace intended to

provide for adequate controlled airspace

for those aircraft using the new GPS

RWY 12 and GPS RWY 30 Instrument

Approach Procedures.

EFFECTIVE DATE: 0901 UTC, January 30,

1997.

FOR FURTHER INFORMATION CONTACT:

Joseph A. Bellabona, Operations Branch,

ANE–530.6, 12 New England Executive

Park, Burlington, MA 01803–5299;

telephone (617) 238–7536; fax (617)

238–7596.

SUPPLEMENTARY INFORMATION:

History

On October 24, 1996, the FAA

published in the Federal Register (61

FR 55091) a direct final rule revising

Class E airspace at Old Town, ME. That

action was necessary to provide

adequate controlled airspace for aircraft

using the new GPS RWY 12 and GPS

RWY 30 Instrument Approach

Procedures to Dewitt Field, Old Town

Municipal Airport (KOLD). The FAA

uses the direct final rulemaking

procedure for non-controversial rules

when the FAA believes that no adverse

public comment will be received. On

December 19, 1996, the FAA published

in the Federal Register (61 FR 66910)

confirmation that the FAA received no

adverse comments to this direct final

rule, and that the effective date of the

rule was December 5, 1996. Since

publication of that confirmation, the

FAA has determined that this action is

necessary to correct the longitude and

latitude coordinates for the Dewitt Field

and the Old Town Non-Directional

Beacon (NDB) that appear in the

description of the revised Class E

airspace at Old Town, ME.

Correction to the Final Rule

Accordingly, pursuant to the

authority delegated to me, the

geographic coordinates of Dewitt Field

and the Old Town NDB contained in the

description of Class E airspace at Old

Town, ME, as published in the Federal

Register on October 24, 1996 (61 FR

55091), Federal Register document 96–

27184: page 55092, column 2; and the

description in FAA Order 7400.9D,

dated September 4, 1996, and effective

September 16, 1996, which is

incorporated by reference in 14 CFR

71.1; are corrected as follows:

§ 71.71 [Corrected]

Subpart E—Class E Airspace

* * * * *

ANE ME E5—Old Town, ME [Corrected]

Dewitt Field, Old Town Municipal Airport,

ME

By removing ‘‘(lat. 44°57′10′′ N, long.

68°40′25′′ W)’’ and substituting ‘‘(lat.

44°57′09′′ N, long. 68°40′28′′ W),’’ and

Old Town NDB

By removing ‘‘(lat. 44°00′24′′ N, long.

68°38′00′′ W)’’ and substituting ‘‘(lat.

45°00′24′′ N, long. 68°38′00′′ W),’’

* * * * *

Issued in Burlington, MA on January 31,

1997.

David J. Hurley,

Manager, Air Traffic Division, New England

Region.

[FR Doc. 97–3072 Filed 2–6–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 96–ANE–28]

Amendment to Class E Airspace;

Lebanon, NH

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; correction.

SUMMARY: This document makes a

correction to the amendment to the

Class E airspace at Lebanon, NH (LEB)

published in the Federal Register on

September 10, 1996 (61 FR 47672). In

the description of the airspace removed,

the state identifier is incorrect, listing

Lebanon as in ‘‘ME’’ rather than ‘‘NH.’’

This document corrects that

typographical error.

EFFECTIVE DATE: February 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Raymond Duda, Operations Branch,

ANE–530.3, Federal Aviation

Administration, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone: (617) 238–7533; fax

(617) 238–7596.

SUPPLEMENTARY INFORMATION: On

September 10, 1996, the FAA published

in the Federal Register an amendment

to the Class E airspace at Lebanon, NH

removing the Class E airspace extending

upward from the surface of the airport

(61 FR 47672). A confirmation of the

effective date for this amendment was

published in the Federal Register on

December 19, 1996 (61 FR 66910).

Correction to the Final Rule

Accordingly, pursuant to the

authority delegated to me, the

amendment to Class E airspace at

Lebanon, NH as published in the

Federal Register on September 10, 1996

(61 FR 47672), Federal Register

document 96–23091: page 47673,

column 1; and the description in FAA

Order 7400.9D, dated September 4,

1996, and effective September 16, 1996,

which is incorporated by reference in 14

CFR 71.1; are corrected by revising

‘‘ANE ME E2 Lebanon, NH [Removed]’’

to read ‘‘ANE NH E2 Lebanon, NH

[Removed]’’.

Issued in Burlington, MA, on January 31,

1997.

David J. Hurley,

Manager, Air Traffic Division, New England

Region.

[FR Doc. 97–3071 Filed 2–6–97; 8:45 am]

BILLING CODE 4910–13–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1 and 61

[CC Docket No. 96–187; FCC 97–23]

Implementation of Section 402(b)(1)(a)

of the Telecommunications Act of 1996

(Tariff Streamlining Provisions for

Local Exchange Carriers)

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In light of the passage of the

Telecommunications Act of 1996 (1996

Act), which provides for streamlined

tariff filings by local exchange carriers

(LECs), the Commission is issuing this

Report and Order to implement the