7934 Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations

49–A7189, Revision 2, dated October 8, 1996,

Revision 1, dated July 19, 1996, or Original,

dated March 29, 1996; or

(2) Install a containment augmentation

ring, P/N 3616426–1, in accordance with

AlliedSignal Aerospace ASB No. GTCP85–

49–A6706, Revision 2, dated November 28,

1994, AlliedSignal Aerospace ASB No.

GTCP85–49–A6706, Revision 1, dated

November 12, 1993, or Garrett ASB No.

GTCP85–49–A6706, Original, dated

December 7, 1992.

(c) 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. The

request should be forwarded through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Los Angeles Aircraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative method of

compliance with this AD, if any, may be

obtained from the Los Angeles Aircraft

Certification Office.

(d) 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 aircraft to

a location where the requirements of this AD

can be accomplished.

(e) The actions required by this AD shall

be done in accordance with the following

ASBs:

Document No. Pages Revision Date

AlliedSignal Aerospace, GTCP85–49–A7189 .............................................................................. 1–14 ........ 2 ....................... Oct. 8, 1996.

Total pages: 14.

AlliedSignal Aerospace, GTCP85–49–A7189 .............................................................................. 1–12 ........ 1 ....................... July 19, 1996.

Total pages: 12.

AlliedSignal Aerospace, GTCP85–49–A7189 .............................................................................. 1–10 ........ Original ............. Mar. 29, 1996.

Total pages: 10.

AlliedSignal Aerospace, GTCP85–49–A6706 .............................................................................. 1 .............. 2 ....................... Nov. 28, 1994.

2, 3 .......... 1 ....................... Nov. 12, 1993.

4 .............. 2 ....................... Nov. 28, 1994.

5–8 .......... 1 ....................... Nov. 12, 1993.

9, 10 ........ 2 ....................... Nov. 28, 1994.

Total pages: 10.

AlliedSignal Aerospace GTCP85–49–A6706 1–10 ........ 1 ....................... Nov. 12, 1993

Total pages: 10.

Garrett GTCP85–49–A6706 ......................................................................................................... 1, 2 .......... Original ............. Dec. 7, 1992

4–10 ........ Original ............. Dec. 7, 1992.

Total pages: 9.

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 AlliedSignal Aerospace, Attn: Data

Distribution, M/S 64–3/2101–201, P.O. Box

29003, Phoenix, AZ 85038–9003; telephone

(602) 365–2493, fax (602) 365–5577. Copies

may be inspected at the FAA, New England

Region, Office of the Assistant Chief Counsel,

12 New England Executive Park, Burlington,

MA; or at the Office of the Federal Register,

800 North Capitol Street, NW., Suite 700,

Washington, DC.

(f) This amendment becomes effective on

March 24, 1997.

Issued in Burlington, Massachusetts, on

February 4, 1997.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 97–4098 Filed 2–20–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 97–NM–30–AD; Amendment

39–9939; AD 97–04–14]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR42–200, –300, and –320

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Aerospatiale Model

ATR42–200, –300, and –320 series

airplanes. This action requires

modification of the electrical wiring of

the stick pusher/shaker test function to

reinforce system protection. This

amendment is prompted by a report of

at least one occurrence when the stick

pusher self-activated during flight. The

actions specified in this AD are

intended to prevent inadvertent

activation of the stick pusher, which

could cause reduced controllability of

the airplane, especially during takeoff or

landing.

DATES: Effective March 10, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 10,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

April 22, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

30–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from

Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. 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: Gary

Lium, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1112; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, recently notified

the FAA that an unsafe condition may

exist on certain Model ATR42–200,

–300, and –320 series airplanes. The

DGAC advises of at least one occurrence

of the inadvertent activation of the stick

pusher test function. An electrical fault

could be the cause of this anomaly;

however, at this time, the exact cause is

not known. This condition, if not

corrected, could result in self-activation

of the stick pusher during flight, which

would cause reduced controllability of

the airplane, especially during takeoff or

landing.
Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations 7935

Explanation of Relevant Service

Information

Aerospatiale has issued Service

Bulletin ATR42–27–0083, dated

November 22, 1996, which describes

procedures for modifying the electrical

wiring for the stick pusher/shaker test

function. This modification is identified

in the service bulletin as 04700. After

modification, a functional test is

performed to ensure proper system

operation. The DGAC classified this

service bulletin as mandatory and

issued French airworthiness directive

(CN) 96–256–068(B), dated November 6,

1996, in order to assure the continued

airworthiness of these airplanes in

France.

FAA’s Conclusions

This airplane model is manufactured

in France 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 DGAC has kept the FAA informed

of the situation described above. The

FAA has examined the findings of the

DGAC, 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 is being issued to

prevent the stick pusher from selfactivating during flight. This AD

requires modifying the electrical wiring

for the stick pusher/shaker test function.

The actions are required to be

accomplished in accordance with the

service bulletin described previously.

Determination of Rule’s Effective Date

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 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–30–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

adding the following new airworthiness

directive:

97–04–14 Aerospatiale: Amendment 39–

9939. Docket 97–NM–30–AD.

Applicability: Model ATR42–200, –300,

and –320 series airplanes; having serial

numbers up to and including 414, but

excluding serial number 403; and on which

Modification 04700 has not been

incorporated; 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.

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 self-activation of the stick

pusher/shaker test function, accomplish the

following:

(a) Within 60 days after the effective date

of the AD, modify the electrical wiring for the

stick pusher/shaker test function by

installing Modification 04700 in accordance

with Aerospatiale Service Bulletin ATR42–

27–0083, dated November 22, 1966. After the

modification is completed, prior to further

flight, conduct functional testing in

accordance with the service bulletin.

(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
7936 Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: 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 modification shall be done in

accordance with Aerospatiale Service

Bulletin ATR42–27–0083, dated November

22, 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 Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. 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.

(e) This amendment becomes effective on

March 10, 1997.

Issued in Renton, Washington, on February

12, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–4103 Filed 2–20–97; 8:45 am]

BILLING CODE 4910–13–U

Coast Guard

33 CFR Part 100

[CGD07–96–063]

RIN 2115–AE46

Special Local Regulations; Invitational

Rowing Regatta, Augusta, GA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing permanent special local

regulations for the Augusta Invitational

Rowing Regatta. The Augusta

Invitational Rowing Regatta will be held

annually on Thursday, Friday, Saturday,

and Sunday of the third week of March,

between the hours of 7 a.m. and 5 p.m.

local time. The nature of the event and

the closure of the Savannah River

creates an extra or unusual hazard on

the navigable waters. These regulations

are necessary to provide for the safety of

life on the navigable waters. These

regulations are necessary to provide for

the safety of life on the navigable waters

during the event.

DATES: March 24, 1997.

ADDRESSES: The docket for this

rulemaking is maintained at

Commander, U.S. Coast Guard Group,

Charleston, 196 Tradd St., Charleston,

SC, 29401. Hours are 7:30 a.m. to 3:30

p.m. Monday through Friday except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

ENS M.J. Daponte, Project Officer, Coast

Guard Group Charleston, SC at (803)

724–7621.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 6, 1996 the Coast Guard

published a notice of proposed

rulemaking entitled [CGD07–96–063] in

the Federal Register (61 FR 64645). The

comment period ended on February 4,

1997. The Coast Guard received no

comments on the notice of proposed

rulemaking. A public hearing was not

requested, and no hearing was held.

Background and Purpose

These regulations are needed to

provide for the safety of life during the

Invitational Rowing Regatta. These

regulations are intended to promote safe

navigation on the waters off Augusta on

the Savannah River during the races by

controlling the traffic entering, exiting,

and traveling within these waters. The

anticipated concentration of spectator

and event participant vessels associated

with the Rowing Regatta poses a safety

concern which is addressed in these

special local regulations.

These regulations will not permit the

entry or movement of spectator vessels

and other non-participating vessel

traffic between the U.S. Highway Route

1 (Fifth Street) Bridge at mile marker

199.45 and Eliot’s Fish Camp at mile

marker 197 from 7 a.m. and 5 p.m. local

time, annually on Thursday, Friday,

Saturday, and Sunday of the third week

of March. These regulations will permit

the movement of spectator vessels and

other non-participants after the

termination of the race each day, and

during intervals between scheduled

events at the discretion of the Coast

Guard Patrol Commander.

Regulatory Evaluation

This regulation is not a significant

regulatory action under section 3(f) of

executive order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. The

proposed regulations will last for only

10 hours on each day of the event. No

public comments were received during

the notice of proposed rulemaking

comment period.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rulemaking

will have a significant economic-impact

on a substantial number of small

entities. ‘‘Small Entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632).

The Coast Guard expects the

economic impact of this regulation to be

minimal and certifies under 5 U.S.C.

605(b) that this rulemaking will not

have a significant impact on a

substantial number of small entities

because the limited area regulated and

limited duration of the regulation.

Collection of Information

These regulations contain no

collection-of-information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 and has determined that the

rulemaking does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact on this

rulemaking consistent with Section

2.B.2. of Commandant Instruction

M16475.1B, (as revised by 59 FR 38654,

July 29, 1994). In accordance with that

instruction, specifically sections 2.B.4.g.

and h., this action has been

environmentally assessed (EA

completed), and the Coast Guard has

concluded that it will not significantly

affect the quality of the human

environment. An environmental

assessment and a finding of no

significant impact have been prepared

and are available for inspection or

copying where indicated under

ADDRESSES.