Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations 59781

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 (d) 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

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 clutch, loss of

power to the main rotor and a subsequent

forced landing of the helicopter, accomplish

the following:

(a) Within 30 hours time-in-service (TIS)

after the effective date of this AD, make an

entry into the Accessory Replacement Record

to reflect a new life limit of 3,600 hours TIS

for the clutch, P/N 4639302044 or P/N

CL42067–1.

(b) Remove the clutch, P/N 4639302044 or

P/N CL42067–1, from service on or before

reaching 3,600 hours TIS. This AD revises

the Airworthiness Limitations section of the

maintenance manual by establishing a new

retirement life for the clutch, P/N

4639302044 or P/N CL42067–1, of 3,600

hours TIS.

(c) Replacement of the clutch, P/N

4639302044 or P/N CL42067–1, with a

clutch, P/N 4639202011, constitutes a

terminating action for the requirements of

this AD.

(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, Rotorcraft

Standards Staff, 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 Standards Staff.

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.

(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 helicopter

to a location where the requirements of this

AD can be accomplished.

(f) This amendment becomes effective on

December 10, 1997.

Note 3: The subject of this AD is addressed

in Luftfahrt-Bundesamt (Germany) AD 95–

242, dated June 13, 1995.

Issued in Fort Worth, Texas, on October 30,

1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–29238 Filed 11–4–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–SW–05–AD; Amendment

39–10194; AD 97–23–06]

RIN 2120–AA64

Airworthiness Directives; Schweizer

Aircraft Corporation Model 269A, A–1,

B, and C, and TH–55A Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to Schweizer Aircraft

Corporation Model 269A, A–1, B, and C,

and TH–55A helicopters, with a certain

main rotor transmission ring gear (ring

gear) installed, that requires inspections

of the ring gear teeth for surface

deterioration which includes pitting,

excessive wearing, cracking or

corrosion, and replacement of the ring

gear if such ring gear teeth surface

deterioration is found; and also requires

creating a main rotor transmission

component log card (log card), if none

is available, and making a notation on

the log card if a ring gear is changed.

This amendment is prompted by reports

of failures of the ring gear due to single

tooth distress as a result of improper

gear tooth spacing during the

manufacturing of the ring gear. The

actions specified by this AD are

intended to prevent failure of the ring

gear, loss of drive to the main rotor

gearbox, and a subsequent forced

landing.

DATES: Effective December 10, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

10, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Schweizer Aircraft Corporation,

P.O. Box 147, Elmira, NY 14902, ATTN:

Publications Dept. This information

may be examined at the FAA, Office of

the 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.

FOR FURTHER INFORMATION CONTACT: Mr.

Raymond Reinhardt, Aerospace

Engineer, New York Aircraft

Certification Office, FAA, 10 Fifth

Street, 3rd Floor, Valley Stream, New

York 11581, telephone (516) 256–7532,

fax (516) 568–2716.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to Schweizer Aircraft

Corporation Model 269A, A–1, B, and C,

and TH–55A helicopters was published

in the Federal Register on November 4,

1996 (61 FR 56640). That action

proposed to require inspections of the

ring gear teeth for pitting, wearing,

cracking or corrosion, and replacement

of the ring gear if such ring gear teeth

surface deterioration is found. The

proposed inspections would be

accomplished before further flight if

clicking, tapping, or other unusual

noises, or unusual vibration is detected

while operating the helicopter, or if

metal particles are found on the

magnetic drain plug during routine

maintenance; or, upon installation of

replacement transmissions with the

affected ring gear; and within the next

50 hours time-in-service (TIS) or at the

next annual inspection, whichever

occurs first. Thereafter, the notice

proposes repetitive inspections at

intervals not to exceed 50 hours TIS in

accordance with the manufacturer’s

service bulletin.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

The one commenter states that all ring

gears, P/N 269A5104–005, should not be

affected by the AD, but that only ring

gears, P/N 269A5104–005,

manufactured by Eastern Gear

Corporation (EGC) and ACR Industries

(ACR), should be affected. The same

commenter also states that the use of the

term ‘‘wearing’’ in the proposed AD

needs further amplification because all

gear teeth will exhibit wear after some

time in service. This wear is normally

very minor, but the inference of the

proposed AD could lead one to believe

that ANY wear is unacceptable. The

FAA concurs with both comments and

the requirements of this AD are changed

accordingly. The applicability

paragraph has been revised to specify

only those gears manufactured by EGS

and ACR. The word ‘‘excessive’’ has

been added before the word ‘‘wearing’’

since all gears will experience some

wear after some time in service. The

inspection for wear, including what

constitutes ‘‘excessive wear’’, is

contained in the Basic Helicopter

Maintenance Instructions, Section 10,

which is referenced in Schweizer
59782 Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations

Service Bulletin B–244.2, dated

February 19, 1996.

Additionally, since the issuance of the

proposal, the manufacturer received a

report of a failure of a ring gear, P/N

269A5104–7, which is the same partnumbered ring gear specified in the

proposal as an airworthy replacement.

Since that report, the manufacturer has

changed the material properties in the

manufacturing of ring gears beginning

with serial number S2100 or higher.

Therefore, the AD is changed to specify

that only ring gears, P/N 269A5104–7,

S/N S2100 or higher, are acceptable as

replacements.

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

described previously and with other

non-substantive changes. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

The FAA estimates that 87 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately 2

work hours per helicopter to accomplish

the initial inspections, 0.5 hours to

create a main rotor transmission

component log card, and 28 work hours

if removal and replacement of the ring

gear is required, and that the average

labor rate is $60 per work hour.

Required parts will cost approximately

$6,400 per ring gear and $1,219 per

overhaul kit. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $822,063,

assuming creation of a component log

card and replacement of the ring gear in

the entire fleet is necessary.

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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

AD 97–23–06 Schweizer Aircraft

Corporation: Amendment 39–10194.

Docket No. 96–SW–05–AD.

Applicability: Model 269A, A–1, B, and C,

and TH–55A helicopters, with main rotor

transmission ring gear (ring gear), part

number (P/N) 269A5104–5, identified by the

letters EGC (Eastern Gear Corporation), ACR

(ACR Industries), or the manufacturer code

number 23751 (EGC) or 57152 (ACR),

installed, 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

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 ring gear, loss of

drive to the main rotor gearbox, and a

subsequent forced landing, accomplish the

following:

(a) Inspect the ring gear teeth for surface

deterioration which includes pitting,

excessive wearing, cracking or corrosion in

accordance with Schweizer Service Bulletin

B–244.2, dated February 19, 1996, as follows:

(1) Before further flight, if a clicking or

tapping sound or other unusual noise or

unusual vibration is detected while operating

the helicopter, or if a metal particle is found

on the magnetic drain plug during routine

maintenance;

(2) Before installing a main rotor

transmission which contains an affected ring

gear on the helicopter;

(3) Within the next 50 hours time-inservice (TIS) after the effective date of this

AD, or at the next annual inspection,

whichever occurs first.

(b) Thereafter, inspect the ring gear teeth at

intervals not to exceed 50 hours TIS in

accordance with Schweizer Service Bulletin

B–244.2, dated February 19, 1996.

(c) If surface deterioration which includes

pitting, excessive wearing, cracking or

corrosion is discovered, before further flight,

remove the transmission from service and

replace the ring gear with a ring gear, P/N

269A5104–7, serial number (S/N) S2100 or

higher number.

(d) At the next main rotor transmission

overhaul, remove and replace the ring gear,

P/N 269A5104–5, identified on the face of

the ring gear by the letters EGC, ACR, or the

manufacturer code number 23751 (EGC) or

57152 (ACR) and replace it with a ring gear,

P/N 269A5104–7, S/N S2100 or higher

number.

(e) Installation of a ring gear, P/N

269A5104–7, S/N S2100 or higher number

constitutes a terminating action for the

requirements of this AD and must be

annotated on a component log card. A new

component log card must be created if a

component log card is not in the applicable

maintenance records.

(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, New York

Aircraft Certification Office, FAA. Operators

shall submit their requests through an FAA

Principal Maintenance Inspector, who may

concur or comment and then send it to the

Manager, New York Aircraft Certification

Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York Aircraft

Certification Office.

(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 helicopter

to a location where the requirements of this

AD can be accomplished, provided no

clicking or tapping sound or other unusual

noise or unusual vibration was detected on

any previous flight.

(h) The inspections shall be done in

accordance with Schweizer Service Bulletin

B–244.2, dated February 19, 1996. 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

Schweizer Aircraft Corporation, P.O. Box

147, Elmira, NY 14902, ATTN: Publications

Dept. Copies may be inspected at the FAA,

Office of the Regional Counsel, Southwest

Region, 2601 Meacham Blvd., Room 663, Fort
Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations 59783

Worth, Texas; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(i) This amendment becomes effective on

December 10, 1997.

Issued in Fort Worth, Texas, on October 30,

1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–29237 Filed 11–4–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 97–AGL–59]

Modification of Class D Airspace;

Minot, ND

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action reinstates

controlled airspace extending upward

from the surface at Minot Air Force Base

(AFB), ND. The airspace areas are

necessary to accommodate precision

standard instrument approach

procedures (SIAP) serving Minot AFB.

The affected airspace, formerly surface

area extensions to the Minot AFB

Control Zone, was inadvertently omitted

from United States controlled airspace

during Airspace Reclassification in

1993. This action corrects that omission.

DATES: Effective date: November 5,

1997.

FOR FURTHER INFORMATION CONTACT:

Michelle M. Behm, Air Traffic Division,

Airspace Branch, AGL–520, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7573.

SUPPLEMENTARY INFORMATION:

The Rule

This action amends 14 CFR part 71 by

reinstating controlled airspace

extending upward from the surface at

Minot AFB, ND. The affected airspace,

formerly surface area extensions to the

Minot AFB Control Zone, was

inadvertently omitted from United

States controlled airspace during

Airspace Reclassification in 1993. This

action corrects that error.

Federal Aviation Administration

(FAA) Order 7400.6G, dated September

4, 1990, and now obsolete, described a

Control Zone serving Minot AFB which

consisted of a circle with a 5 Statute

Mile (SM) radius and two extensions,

one to the southeast and one to the

northwest, each of which was 5 SM

wide and extended from the radius to 7

SM southeast and northwest

respectively of the Deering Tactical Air

Navigation (TACAN) facility. The

Deering TACAN is located near the

center of the 5 SM radius circle. The

Minot AFB Control Zone, as described

in FAA Order 7400.6G, was established

by a final rule published in the Federal

Register on August 12, 1970 (35 FR

12751).

In accordance with the Airspace

Reclassification final rule published

December 17, 1991, and effective

September 16, 1993 (56 FR 65638),

distances were converted from SM to

Nautical Miles (NM), and Control Zones

were generally redesignated as Class D

airspace areas, and most Control Zone

extensions were redesignated as Class E

airspace areas.

In preparation for Airspace

Reclassification, the FAA redrafted the

legal descriptions of all airspace areas

under United States jurisdiction. Part of

this process involved dividing Control

Zones into Class D and E airspace areas

where necessary. In redrafting the legal

description for the Minot AFB Control

Zone, the FAA redesignated the 5 SMradius circle as a 4.5 NM-radius Class D

airspace area. The FAA did not,

however, redesignate the Control Zone

extensions as Class E airspace areas.

This omission was unintentional as the

surface area extensions remained, and

continue to be, necessary to

accommodate SIAP’s serving Minot

AFB. The FAA has never purposely and

affirmatively acted to revoke the

controlled airspace.

The fact that the Control Zone

extensions were not redesignated as

Class E airspace, and that consequently

the affected areas are currently Class G

airspace, was discovered in a recent

joint FAA/Air Force review of the

airspace requirements for Minot AFB.

As a result of the discovery, the FAA

and the Air Force have been forced to

discontinue use of all precision SIAP’s

serving Minot AFB pending

reinstatement of the controlled airspace

areas.

The precision SIAP’s at Minot AFB

serve important flight safety and

national security interests. Airspace

standards, however, require that the

SIAP’s be contained entirely within

controlled airspace. The FAA finds that

the safety and national security

concerns created by the lack of a

precision SIAP at Minot AFB, combined

with the fact that the agency did not

intend to permit the affected airspace to

revert to uncontrolled status, makes

notice and public procedure under 5

U.S.C 553(b) impractical and contrary to

the public interest. Furthermore, for the

reasons listed above, the FAA finds that

good cause exists, pursuant to 5 U.S.C.

553(d), to make this amendment

effective in less than 30 days.

The coordinates for this airspace

docket are based on North American

Datum 83. Class D airspace designations

are published in Paragraph 5000 of FAA

Order 7400.9E dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1 The Class D airspace

designations listed in this document

will be published subsequently in the

Order. Under the circumstances

presented, the FAA concludes that there

is an immediate need to modify these

Class D airspace areas in order to

promote the safe and efficient handling

of air traffic in these areas.

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. It, therefore—(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)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a 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

In consideration of the foregoing, the

Federal Aviation Administration

amends 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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 5000 Class D Airspace

* * * * *