65198 Federal Register / Vol. 62, No. 238 / Thursday, December 11, 1997 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

I. Statutory and Regulatory Background

Subject to the approval of the Finance

Board, section 12(a) of the Federal

Home Loan Bank Act (Bank Act)

authorizes the board of directors of each

FHLBank to ‘‘prescribe, amend, and

repeal by-laws, rules, and regulations

governing the manner in which its

affairs may be administered.’’ 12 U.S.C.

1432(a). Currently, no Finance Board

regulation or policy addresses

specifically the process by which the

Finance Board evaluates and approves

FHLBank bylaws or amendments

thereto.

From the establishment of the Finance

Board in 1989 until the present, Finance

Board staff has reviewed proposed

FHLBank bylaws and bylaws

amendments to ensure that they are

consistent with applicable statutes,

regulations, and Finance Board policies.

Pursuant to delegated authority, the

Associate Director of the former District

Banks Secretariat, and, after that

position and office were eliminated, the

Managing Director of the Finance Board,

approved FHLBank bylaws or bylaws

amendments upon the recommendation

of staff. See Federal Home Loan Bank

Board Resolution No. 21,526 (Apr. 4,

1968) (rescinded by Finance Board

Resolution No. 97–76 (Dec. 1, 1997));

Finance Board Chairperson’s Order No.

95–OR–6 (Oct. 10, 1995).

The Finance Board believes the

FHLBanks should have broad discretion

to manage their affairs, including the

authority to approve bylaws and

amendments thereto. Accordingly, as

part of the Finance Board’s continuing

effort to devolve management and

governance responsibilities to the

FHLBanks, the interim final rule

transfers the authority to approve

FHLBank bylaws and bylaws

amendments, subject to certain

conditions, from the Finance Board to

the boards of directors of the FHLBanks.

II. Analysis of the Interim Final Rule

The Finance Board is proposing to

add a new section, designated as

§ 934.16, to its regulation on FHLBank

operations. Section 934.16 devolves

responsibility for approving FHLBank

bylaws and amendments thereto, subject

to certain conditions, from the Finance

Board to the boards of directors of the

FHLBanks. The rule authorizes the

board of directors of each FHLBank to

prescribe, amend, or repeal bylaws

governing the manner in which the

FHLBank administers its affairs without

the prior approval of the Finance Board

provided that the bylaws or bylaws

amendments are consistent with

applicable statutes, regulations, and

Finance Board policies. The Finance

Board will ensure that FHLBank bylaws

are legally unobjectionable through the

examination process.

III. Notice and Public Participation

The Finance Board finds that the

notice and comment procedure required

by the Administrative Procedure Act is

unnecessary, impracticable, and

contrary to the public interest in this

instance because the change made by

the interim final rule is technical in

nature and applies only to the

FHLBanks. See 5 U.S.C. 553(b)(3)(B).

Nevertheless, because the Finance

Board believes public comments aid in

effective rulemaking, it will accept

written comments on the interim final

rule on or before January 12, 1998.

IV. Regulatory Flexibility Act

The Finance Board is adopting this

amendment to part 934 in the form of

an interim final rule and not as a

proposed rule. Therefore, the provisions

of the Regulatory Flexibility Act do not

apply. See 5 U.S.C. 601(2), 603(a).

V. Paperwork Reduction Act

This interim final rule does not

contain any collections of information

pursuant to the Paperwork Reduction

Act of 1995. See 44 U.S.C. 3501 et seq.

Consequently, the Finance Board has

not submitted any information to the

Office of Management and Budget for

review.

List of Subjects in 12 CFR Part 934

Federal home loan banks, Securities,

Surety bonds.

Accordingly, the Federal Housing

Finance Board hereby amends part 934,

chapter IX, title 12 of the Code of

Federal Regulations as follows:

PART 934—OPERATIONS OF THE

BANKS

1. Revise the authority citation for

part 934 to read as follows:

Authority: 12 U.S.C. 1422a, 1422b, 1431(g),

1432(a), and 1442.

2. Add § 934.16 to read as follows:

§ 934.16 Approval of Bank bylaws.

The board of directors of a Bank may

prescribe, amend, or repeal bylaws

governing the manner in which the

Bank administers its affairs without the

Board’s prior approval provided that the

bylaws or amendments are consistent

with applicable statutes, regulations,

and Board policies.

Dated: December 3, 1997.

By the Board of Directors of the Federal

Housing Finance Board.

Bruce A. Morrison,

Chairperson.

[FR Doc. 97–32207 Filed 12–10–97; 8:45 am]

BILLING CODE 6725–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–46–AD; Amendment

39–10240; AD 97–20–13]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

Deutschland Model EC135 P1 and T1

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

97–20–13 which was sent previously to

all known U.S. owners and operators of

Eurocopter Deutschland Model EC135

P1 and T1 helicopters by individual

letters. This amendment is prompted by

the discovery of cracks on the stator

blades of the fenestron tail rotor (tail

rotor). The actions specified by this AD

are intended to prevent failure of the tail

rotor and subsequent loss of control of

the helicopter.

DATES: Effective December 29, 1997, to

all persons except those persons to

whom it was made immediately

effective by priority letter AD 97–20–13,

issued on September 25, 1997, which

contained the requirements of this

amendment.

Comments for inclusion in the Rules

Docket must be received on or before

February 9, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 97–SW–46–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Mr.

Richard Monschke, Aerospace Engineer,

FAA, Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, Texas 76137, telephone

(817) 222–5116, (817) 222–5961.

SUPPLEMENTARY INFORMATION: On

September 25, 1997, the FAA issued

priority letter AD 97–20–13, applicable

to Eurocopter Deutschland Model
Federal Register / Vol. 62, No. 238 / Thursday, December 11, 1997 / Rules and Regulations 65199

EC135 P1 and T1 helicopters, which

requires immediate and daily repetitive

inspections of the stator blades for

cracks in the stator hub area. If this

visual inspection reveals a crack, a dyepenetrant inspection is required. Also,

within 400 hours time-in-service (TIS)

after the effective date of this AD, and

thereafter, at intervals not to exceed 400

hours TIS, a dye-penetrant inspection

for cracks is required. If any of the

inspections reveal cracked stator blades,

each crack must be stop-drilled. If any

of the inspections reveal cracks on a

stator blade with a total crack length of

15mm or longer, or if cracks are found

on more than 3 stator blades, the

affected blades must be replaced with

airworthy blades prior to further flight.

That action was prompted by the

discovery of cracks on the stator blades

of the tail rotor. This condition, if not

corrected, could result in failure of the

tail rotor and subsequent loss of control

of the helicopter.

Since the unsafe condition described

is likely to exist or develop on other

Eurocopter Deutschland Model EC135

P1 and T1 helicopters of the same type

design, the FAA issued priority letter

AD 97–20–13 to prevent failure of the

tail rotor and subsequent loss of control

of the helicopter. The AD requires,

before further flight, and thereafter,

before the first flight of each day,

visually inspecting the stator blades in

the stator hub area. If this visual

inspection reveals a crack, a dyepenetrant inspection is required. Also,

within 400 hours TIS after the effective

date of this AD, and thereafter, at

intervals not to exceed 400 hours TIS,

a dye-penetrant inspection for cracks is

required. If any of the inspections reveal

cracked stator blades, each crack must

be stop-drilled. If any of the inspections

reveal cracks on a stator blade with a

total crack length of 15mm or longer, or

if cracks are found on more than 3 stator

blades, the affected stator blades must

be replaced with airworthy stator blades

prior to further flight.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

letters issued on September 25, 1997 to

all known U.S. owners and operators of

Eurocopter Deutschland Model EC135

P1 and T1 helicopters. These conditions

still exist, and the AD is hereby

published in the Federal Register as an

amendment to section 39.13 of the

Federal Aviation Regulations (14 CFR

39.13) to make it effective to all persons.

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–46–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, 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 to

read as follows:

97–20–13—Eurocopter Deutschland:

Amendment 39–10240. Docket No. 97–

SW–46–AD.

Applicability: Model EC135 P1 and T1

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 (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 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 tail rotor and

subsequent loss of control of the helicopter,

accomplish the following:

(a) Before further flight, and thereafter

before the first flight of each day, visually

inspect all stator blades in the stator hub area

for cracks (see Figure 1). Inspect the stator

blades in the areas where they are riveted to
65200 Federal Register / Vol. 62, No. 238 / Thursday, December 11, 1997 / Rules and Regulations

the stator hub. Pay particular attention to the

radius areas where the stator blade base

attaches to the stator hub.

(1) If the inspection reveals a crack at the

base of a stator blade, remove the paint from

the area and perform a dye-penetrant

inspection.

(2) If the inspection reveals 3 or less

cracked stator blades and a total crack length

per stator blade of less than 15mm, stop-drill

each crack with a 2mm diameter drill.

BILLING CODE 4910–13–P
Federal Register / Vol. 62, No. 238 / Thursday, December 11, 1997 / Rules and Regulations 65201

(b) Within 400 hours time-in-service (TIS),

and thereafter, at intervals not to exceed 400

hours TIS, remove the paint from all stator

blades in the stator hub area and perform a

dye-penetrant inspection for cracks.

(c) If the inspections reveal cracks on any

stator blade with a total crack length of

15mm or longer, or if more than 3 stator

blades are cracked, remove the affected stator

blades and replace them with airworthy

stator blades before further flight. The

inspections required by this AD must

continue to be performed on all stator blades

including replacement stator blades.

Note 2: Eurocopter Deutschland Alert

Service Bulletin No. EC 135–53A–001,

Revision 01, dated August 8, 1997, pertains

to 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 3: 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 will not be

issued.

(f) This amendment becomes effective on

December 29, 1997, to all persons except

those persons to whom it was made

immediately effective by Priority Letter AD

97–20–13, issued September 25, 1997, which

contained the requirements of this

amendment.

Note 4: The subject of this AD is addressed

in Luftfahrt-Bundesamt (Germany) AD 97–

249, effective September 25, 1997.

Issued in Fort Worth, Texas, on December

2, 1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–32255 Filed 12–10–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AGL–31]

RIN 2120–AA66

Amendment of Legal Descriptions of

Jet Routes and Federal Airways in the

Vicinity of Indianapolis, IN

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends the legal

descriptions of three jet routes and

thirteen Federal airways that include

the Indianapolis Very High Frequency

Omnidirectional Range/Tactical Air

Navigation (VORTAC) as part of their

route structure. Currently, the

Indianapolis VORTAC and the

Indianapolis International Airport share

the ‘‘Indianapolis’’ name even though

they are not collocated. This situation

has led to confusion among users. To

eliminate this confusion, the

Indianapolis VORTAC will be renamed

‘‘Brickyard VORTAC.’’ The effective

date of this name change will coincide

with this rulemaking action. This action

amends the legal descriptions of those

jet routes and airways affected by the

VORTAC’s name change.

EFFECTIVE DATE: 0901 UTC, February 26,

1998.

FOR FURTHER INFORMATION CONTACT:

Steve Brown, Airspace and Rules

Division, ATA–400, Office of Air Traffic

Airspace Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

The Rule

This action amends 14 CFR part 71 by

amending the legal descriptions of three

jet routes and thirteen Federal airways

that have ‘‘Indianapolis VORTAC’’

included as part of their route structure.

Currently, the Indianapolis VORTAC

and the Indianapolis International

Airport share the ‘‘Indianapolis’’ name

even though the VORTAC is

approximately 7 nautical miles (NM)

northwest of the airport. This situation

has led to confusion among users

because the VORTAC and the airport are

not collocated. To eliminate this

confusion, the Indianapolis VORTAC

will be renamed ‘‘Brickyard VORTAC.’’

The effective date changing the name of

the VORTAC will coincide with this

rulemaking action. As a result of the

VORTAC’s name change, this rule will

amend all jet routes and airways with

‘‘Indianapolis VORTAC’’ included as

part of their legal descriptions.

Since this action merely involves

changes in the legal description of jet

routes and Federal airways, and does

not involve a change in the dimensions

or operating requirements of that

airspace, notice and public procedure

under 5 U.S.C. 553(b) are unnecessary.

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, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

Jet routes and domestic VOR Federal

airways are published in paragraph

2004 and paragraph 6010(a),

respectively, 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 jet routes and airways listed

in this document will be published

subsequently in the Order.

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—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

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 2004—Jet Routes

* * * * *

J–24 [Revised]

From Myton, UT, to Hayden, CO. From

Hugo, CO, Hays, KS; via Salina, KS; Kansas

City, MO; St. Louis, MO; Brickyard, IN;

Falmouth, KY; Charleston, WV; Montebello,

VA; Flat Rock, VA; to Harcum, VA.

* * * * *

J–80 [Revised]

From Oakland, CA; via Manteca, CA;

Coaldale, NV; Wilson Creek, NV; Milford,

UT; Grand Junction, CO; Red Table, CO;

Falcon, CO; Goodland, KS; Hill City, KS;

Kansas City, MO; Capital, IL; Brickyard, IN;

Bellaire, OH; INT Bellaire 090° and East