This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

1383

Vol. 62, No. 7

Friday, January 10, 1997

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 92–NM–225–AD; Amendment

39–9882; AD 97–01–11]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This document corrects

information in an existing airworthiness

directive (AD) that is applicable to

certain Airbus Model A320 series. The

AD requires detailed visual inspections

to detect cracking of a certain fuselage

frame, and repair, if necessary; and

provides for an optional terminating

action for the repetitive inspections. The

AD was prompted by reports of a fatigue

crack found initiating at hole ‘‘I’’ of

frame 47 on two of these airplanes. The

actions specified by the AD are intended

to detect and correct such fatigue

cracking, which could result in reduced

structural integrity of the airplane. This

action corrects the applicability of the

currently existing AD to cite an airplane

model that was inadvertently omitted.

DATES: Effective February 10, 1997.

The incorporation by reference of

certain publications listed in the

regulations was previously approved by

the Director of the Federal Register as of

November 4, 1996 (61 FR 50988,

September 30, 1996).

FOR FURTHER INFORMATION CONTACT:

Charles D. Huber, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2589; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: On

September 19, 1996, the FAA issued AD

96–20–02, amendment 39–9768 (61 FR

50988, September 30, 1996) that is

applicable to certain Airbus Model

A300 series airplanes. That AD requires

repetitive detailed visual inspections to

detect cracking of fuselage frame 47, and

repair, if necessary. It also provides for

an optional terminating action for the

repetitive inspections.

That action was prompted by reports

of a fatigue crack found initiating at hole

‘‘I’’ of frame 47 on two of these

airplanes. The actions specified by that

AD are intended to detect and correct

such fatigue cracking, which could

result in reduced structural integrity of

the airplane.

Actions Since Issuance of AD 96–20–02

Recently, the FAA has become aware

of an incongruity between the stated

applicability for AD 96–20–02 and

certain of the requirements of that AD.

Specifically, the applicability statement

for AD 96–20–02 was published as

follows:

‘‘Applicability: Model A300 B2–1C, B2K–

3C, B2–203, B4–2C, and B4–103, series

airplanes, on which Modification 2626 has

not been installed; certificated in any

category.’’

Paragraph (a)(3) of that AD, however,

states:

‘‘(3) For Model A300 B4–203 series

airplanes: Perform the inspection prior to the

accumulation of 14,100 total landings, or

within 50 landings after the effective date of

this AD, whichever occurs later.’’

Because Model A300 B4–203 series

airplanes were not cited in the

applicability statement of AD 96–20–02,

the only U.S. operator of those models

was unsure whether it was required to

perform the actions stated in paragraph

(a)(3) of the AD. That operator contacted

the FAA to resolve this issue.

The FAA acknowledges the

discrepancy between the applicability of

AD 96–20–02 and the applicability of

paragraph (a)(3) of that AD. A

typographical error on FAA’s part

resulted in the Model A300 B4–203

being omitted inadvertently from the

applicability statement of that AD. In all

other respects, the AD is correct as

published.

FAA’s Determination

Although the single U.S. operator of

Model A300 B4–203 series airplanes has

advised the FAA that it will comply

with AD 96–20–02 within the

compliance time that is stated in that

AD, the FAA has determined that it is

appropriate to take action to correct AD

96–20–02 to include the Model A300

B4–203 in the applicability statement.

Since those airplanes are subject to the

unsafe condition addressed by that AD,

correction of the applicability of the AD

is necessary to ensure that any airplane

that is imported and placed on the U.S.

Register in the future will be inspected

as required.

Corrections Made to the Current AD

This action revises the applicability of

AD 96–20–02 by correcting the

applicability statement to include

Model A300 B4–203 series airplanes.

In making this correction, the

formatting of the text of the AD has been

revised somewhat: Paragraph (a)(3) that

appeared in AD 96–20–02 has been

designated as new paragraph (b); it

pertains only to the initial inspection

action required of Model A300 B4–203

series airplanes. Accordingly, all other

paragraphs of the AD have been

redesignated to account for the new

paragraph (b).

Since this action only clarifies the

applicability of an existing rule, it has

no additional economic impact and

imposes no additional burden on any

person. Therefore, notice and public

procedures hereon are unnecessary.

Cost Impact

The economic analysis that was

iterated in the preamble to AD 96–20–

02 correctly included affected Model

A300 B4–203 series airplanes in its

figures. This correction of the

previously-issued AD poses no new,

additional economic burden on any

operator.

However, for the convenience of all

affected operators, the cost impact

information is repeated below:

The FAA estimates that 20 airplanes

of U.S. registry will be affected by this

AD. (Of this number, 2 are Model A300

B4–203 series airplanes.) It will take

approximately 10 work hours per

airplane to accomplish the required

actions, at an average labor rate of $60

per work hour. Based on these figures,

the cost impact of the AD on U.S.

operators is estimated to be $12,000, or

$600 per airplane.
1384 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations

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.

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 Correction

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 39–9768 (61 FR

50988, September 30, 1996), and by

adding a new airworthiness directive

(AD), amendment 39–9882, to read as

follows:

97–01–11 Airbus Industrie: Amendment

39–9882. Docket 92–NM–225–AD.

Supersedes AD 96–20–02, amendment

39–9768.

Applicability: Model A300 B2–1C, B2K–

3C, B2–203, B4–2C, B4–103, and B4–203

series airplanes, on which Modification 2626

has not been installed; certificated in any

category.

Compliance: Required as indicated, unless

accomplished previously.

Note 1: This AD applies to each airplane

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

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 (f) 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 fatigue cracking, which could

result in reduced structural integrity of the

airplane, accomplish the following:

(a) For Model A300 B2–1C, B2K–3C, B2–

203, B4–2C, and B4–103 series airplanes:

Perform a detailed visual inspection to detect

cracking of the fuselage, frame 47 at hole ‘‘I’’,

in accordance with Airbus All Operator

Telex (AOT) 53–02, dated November 2, 1992,

at the times specified in paragraphs (a)(1) or

(a)(2), as applicable.

(1) For Model A300 B2–1C, B2K–3C, and

B2–203 series airplanes: Perform the

inspection prior to the accumulation of

15,000 total landings, or within 50 landings

after November 4, 1996 (the effective date of

AD 96–20–02, amendment 39–9768),

whichever occurs later.

(2) For Model A300 B4–2C and B4–103

series airplanes: Perform the inspection prior

to the accumulation of 18,700 total landings,

or within 50 landings after November 4,

1996, whichever occurs later.

(b) For Model A300 B4–203 series

airplanes: Prior to the accumulation of 14,100

total landings, or within 50 landings after the

effective date of this AD, whichever occurs

later, perform a detailed visual inspection to

detect cracking of the fuselage, frame 47 at

hole ‘‘I’’, in accordance with Airbus All

Operator Telex (AOT) 53–02, dated

November 2, 1992.

(c) If no crack is detected during the

inspection required by paragraph (a) or (b) of

this AD, repeat the detailed visual inspection

at intervals not to exceed 200 landings.

(d) If a crack is detected during any

inspection required by paragraph (a), (b), or

(c) of this AD, prior to further flight, repair

in accordance with either paragraph (d)(1),

(d)(2), or (d)(3) of this AD:

(1) Repair in accordance with a method

approved by the Manager, Standardization

Branch, ANM–113, FAA, Transport Airplane

Directorate; or

(2) Repair in accordance with crack repair

procedures specified in Airbus A300 Service

Bulletin 53–265, Revision 2, dated March 10,

1992; or

(3) Repair in accordance with crack repair

procedures specified in Airbus Service

Bulletin A300–53–299, dated December 14,

1993.

(e) Conducting a repetitive Rototest

inspection of hole ‘‘I’’ in accordance with

Airbus A300 Service Bulletin 53–265,

Revision 2, dated March 10, 1992, or Airbus

Service Bulletin A300–53–299, dated

December 14, 1993, constitutes terminating

action for the detailed visual inspections

required by this AD. If any crack is found

during a Rototest inspection, prior to further

flight, repair it in accordance with that

service bulletin.

(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,

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 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.

(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 visual inspection shall be done in

accordance with Airbus All Operator Telex

(AOT) 53–02, dated November 2, 1992. This

incorporation by reference 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 November

4, 1996 (61 FR 50988, September 30, 1996).

Copies may be obtained from Airbus

Industrie, 1 Rond Point Maurice Bellonte,

31707 Blagnac Cedex, 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.

(i) This amendment becomes effective on

February 10, 1997.

Issued in Renton, Washington, on January

3, 1997.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–536 Filed 1–9–97; 8:45 am]

BILLING CODE 4910–13–U

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 200

[Release No. 34–38111]

Delegation of Authority to Director of

Division of Market Regulation

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Commission is amending

its rules to delegate authority to the

Director of the Division of Market

Regulation to provide exemptive relief