15096 Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Rules and Regulations

390, Revision 1, dated December 11, 1996, at

the next GGT module removal, or not to

exceed 9 months after the effective date of

this AD, whichever occurs first.

(h) For all stage 2 GGT disks, P/N

6064T12P01, identified in Table 4 of GE

(CT7–TP Series) SB A72–393, dated

November 26, 1996, that have accumulated

less than 10,000 CSN on the effective date of

this AD, perform a one time ECI for cracks

in accordance with the Accomplishment

Instructions of GE (CT7–TP Series) SB 72–

390, Revision 1, dated December 11, 1996, at

the next GGT module removal, but not to

exceed 12,000 CSN.

(i) For all stage 1 GGT disks, P/N

6064T06P01, and all stage 2 GGT disks, P/N

6064T12P01, not identified in Tables 1

through 4 of GE (CT7–TP Series) SB A72–

393, dated November 26, 1996, that have

accumulated 7,000 or more CSN on the

effective date of this AD, perform a one time

ECI for cracks in accordance with the

Accomplishment Instructions of GE (CT7–TP

Series) SB 72–390, Revision 1, dated

December 11, 1996, at the next GGT module

removal, or not to exceed 9 months after the

effective date of this AD, whichever occurs

first.

(j) For all stage 1 GGT disks, P/N

6064T06P01, and all stage 2 GGT disks, P/N

6064T12P01, not identified in Tables 1

through 4 of GE (CT7–TP Series) SB A72–

393, dated November 26, 1996, that have

accumulated less than 7,000 CSN on the

effective date of this AD, perform a one time

ECI for cracks in accordance with the

Accomplishment Instructions of GE (CT7–TP

Series) SB 72–390, Revision 1, dated

December 11, 1996, at the next GGT module

removal, but not to exceed 9,000 CSN.

(k) Prior to further flight, remove from

service cracked disks, and replace with

serviceable parts.

(l) 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, Engine

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, Engine Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Engine

Certification Office.

(m) 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.

(n) The actions required by this AD shall

be done in accordance with the following GE

(CT7–TP Series) SBs:

Document No. Pages Revision Date

A72–393 ................................................. 1–16 Original ................................................. November 26, 1996.

Total ................................................ 16

72–390 ................................................... 1–6 1 ........................................................... December 11, 1996.

Total ................................................ 6

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 GE Aircraft Engines, 1000 Western Ave.,

Lynn, MA 01910; telephone (617) 594–3140,

fax (617) 594–4805. 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.

(o) This amendment becomes effective on

April 15, 1997.

Issued in Burlington, Massachusetts, on

February 24, 1997.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 97–7595 Filed 3–28–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 97–NM–22–AD; Amendment

39–9974; AD 97–07–01]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A330 and A340 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Model

A330 and A340 series airplanes. This

action requires the deactivation of the

avionics ground refrigeration unit (GRU)

of the air conditioning system until a

modification of avionics ventilation

circuit and the GRU is accomplished.

This amendment is prompted by reports

of water accumulation found in the Air

Data/Inertial Reference Unit (ADIRU)

trays of the avionics rack; the

accumulation is the result of operation

of the GRU in high ambient humidity.

The actions specified in this AD are

intended to prevent water accumulating

in this area, which could result in the

failure of the ADIRU and consequent

loss of air data and navigational

information to the flightcrew.

DATES: Effective April 15, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 15,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

May 30, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

22–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Airbus

Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, 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:

Charles 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: 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 Airbus Model A330 and

A340 series airplanes. The DGAC

advises that there have been reports of

water accumulation found in the Air

Data/Inertial Reference Unit (ADIRU)

trays of the avionics racks on in-service

airplanes. All of the airplanes on which

this phenomenon occurred were

equipped with a ground cooling system,

identified as Airbus Modification No.

40063S10052. (This is an optional

modification available to Model A330

and A340 series airplanes.)

Investigation revealed that water

droplets can accumulate on the

evaporator cores of the ground

refrigeration unit (GRU) as a result of
Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Rules and Regulations 15097

high ambient humidity. The water

droplets are then carried within the

airflow and accumulate in the low

points of the avionics ventilation

ducting.

In at least two cases, this

accumulation of water resulted in the

failure of one or two ADIRU’s during

flight. In one of these incidents, both

inertial reference systems on one

airplane were lost, and the flight crew

was compelled to execute an in-flight

turn-back. Upon the subsequent

approach, all instrument landing system

data disappeared from the airplane’s

primary flight displays.

Failure of the ADIRU(s) during flight,

which can occur as a result of the

consequences associated with water

accumulation in the relevant avionics

rack, could result in loss of air data and

navigational information to the

flightcrew. This could compromise the

ability of the flight crew to maintain the

safe flight and landing of the airplane.

Explanation of Relevant Service

Information

Airbus has issued All Operators Telex

(AOT) 21–01, dated March 28, 1995,

which describes procedures for

deactivating the avionics GRU, if one is

installed on the airplane. The DGAC

classified this AOT as mandatory and

issued French airworthiness directives

(CN) 95–089–010(B) (for Model A330

series airplanes) and 95–093–020(B) (for

Model A340 series airplanes), both

dated May 24, 1995, in order to assure

the continued airworthiness of these

airplanes in France.

Airbus also has issued Service

Bulletin A330–21–3028, Revision 2,

dated May 5, 1995 (for Model A330

series airplanes), and Service Bulletin

A340–21–4046, Revision 2, dated May

5, 1995 (for Model A340 series

airplanes). These service bulletins

describe procedures for modifying the

avionics equipment ventilation system

and the GRU on airplanes equipped

with one. The modification procedures

include:

1. Air tappings for relocation of

ADIRU ventilation from the lower to the

upper side of the ventilation ducting;

2. Installing water drains at the lower

side of the ventilation ducting;

3. Drilling a hole in each ADIRU tray;

and

4. On airplanes equipped with a GRU,

increasing the inner diameter of the

existing GRU drain line.

Accomplishment of this modification

will prevent water from accumulating in

the ventilation ducting low points and

subsequently damaging the ADIRU’s.

[This modification was installed during

production on Model A330 series

airplanes beginning at manufacturer’s

serial number (MSN) 107, and on Model

A340 series airplanes beginning at MSN

114.]

The DGAC has classified Revision 2 of

Airbus Service Bulletins A330–21–3028

and A340–21–4046 as ‘‘recommended.’’

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

21.19) 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 the

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 water from accumulating in the

ADIRU trays of the avionics racks,

which could result in the damage to or

failure of the ADIRU(s) and consequent

loss of air data and navigational

information to the flightcrew. This AD

requires the deactivation of the GRU on

those airplanes equipped with a GRU.

The deactivation must be accomplished

in accordance with the Airbus AOT

described previously.

Should an operator want to reactivate

the GRU, it must first modify the

avionics equipment ventilation system

in accordance with the procedures

contained in the Airbus service bulletin,

described previously.

Cost Impact

None of the Model A330 and A340

series airplanes affected by this action

are on the U.S. Register. All airplanes

included in the applicability of this rule

currently are operated by non-U.S.

operators under foreign registry;

therefore, they are not directly affected

by this AD action. However, the FAA

considers that this rule is necessary to

ensure that the unsafe condition is

addressed in the event that any of these

subject airplanes are imported and

placed on the U.S. Register in the future.

Should an affected airplane be

imported and placed on the U.S.

Register in the future, it would require

approximately 1 work hour to

accomplish the deactivation of the GRU

at an average labor charge of $60 per

work hour. Based on these figures, the

cost impact of this required action

would be $60 per airplane.

If an operator elected to the modify

avionics equipment ventilation system

so that the GRU could be reactivated, it

would take 4 work hours to accomplish

the modification, at an average labor

charge of $60 per work hour. Required

parts would be provided to operators

free of charge by the manufacturer.

Based on these figures, the cost impact

of this optional action would be $240

per airplane.

Determination of Rule’s Effective Date

Since this AD action does not affect

any airplane that is currently on the

U.S. register, it has no adverse economic

impact and imposes no additional

burden on any person. Therefore, prior

notice and public procedures hereon are

unnecessary and the amendment may be

made effective in less than 30 days after

publication in the Federal Register.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and 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
15098 Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Rules and Regulations

Docket Number 97–NM–22–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.

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 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–07–01 Airbus: Amendment 39–9974.

Docket 97–NM–22–AD.

Applicability: Model A330–301 series

airplanes having manufacturer’s serial

number (MSN) 1 through 106, inclusive; and

Model A340–211, –212, –311, and –312

series airplanes having MSN 1 through 113,

inclusive; on which Airbus Modification No.

40063S10052 (ground cooling system) has

been installed; 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 (c) 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 water from accumulating in the

Air Data/Inertial Reference Unit (ADIRU)

trays of the avionics racks, which could

result in the damage to or failure of the

ADIRU(s) and consequent loss of air data and

navigational information to the flightcrew,

accomplish the following:

(a) Within 500 hours time-in-service after

the effective date of this AD, deactivate the

avionics ground refrigeration unit (GRU) in

accordance with Airbus All Operators Telex

21–01, dated March 28, 1995.

(b) Modification of the avionics equipment

ventilation system in accordance with Airbus

Service Bulletin A330–21–3028, Revision 2,

dated May 5, 1995 (for Model A330 series

airplanes); or Airbus Service Bulletin A340–

21–4046, Revision 2, dated May 5, 1995 (for

Model A340 series airplanes); as applicable;

constitutes terminating action for the

requirements of paragraph (a) of this AD.

Once the modification is completed, the

avionics GRU may be reactivated.

(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,

Standardization Branch, ANM–113.

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.

(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 airplane to

a location where the requirements of this AD

can be accomplished.

(e) The modification, if accomplished,

shall be done in accordance with the

following Airbus service bulletins, which

contain the specified list of effective pages:

Service bulletin revision and date Page No. Revision level shown on

page Date shown on page

A330–21–3028, Revision 2, May 5, 1995 ....................................... 1, 3–6 2 ..................................... May 5, 1995.

2, 11, 23, 24, 29–30 1 ..................................... March 3, 1995.

7–10, 12–22, 25–28 Original .......................... January 19, 1995.

A340–21–4046, Revision 2, May 5, 1995 ....................................... 1–4, 2 ..................................... May 5, 1995.

5–12, 14–24, 27–30 Original .......................... January 19, 1995.

13, 25, 26, 31, 32 1 ..................................... March 3, 1995.

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 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.

(f) This amendment becomes effective on

April 15, 1997.

Issued in Renton, Washington, on March

19, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–7519 Filed 3–28–97; 8:45 am]

BILLING CODE 4910–13–U

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Parts 270 and 274

[Release No. IC–22579; IA–1623; S7–24–95]

RIN 3235–AG07

Status of Investment Advisory

Programs Under the Investment

Company Act of 1940

AGENCY: Securities and Exchange

Commission.