Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations 19183

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–SW–09–AD; Amendment

39–10479; AD 98–04–40]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

France Model SA.315B, SA.316B,

SA.316C, SA.319B, and SE.3160

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)

98–04–40 which was sent previously to

all known U.S. owners and operators of

Eurocopter France Model SA.315B,

SA.316B, SA.316C, SA.319B, and

SE.3160 helicopters by individual

letters. This AD requires, for certain

blades, inspecting each blade spar for

cracks using a dye-penetrant inspection,

and visually inspecting each blade cuff

for cracks. If a crack is discovered in

either a blade spar or cuff, removal and

replacement of the blade with an

airworthy blade is required prior to

further flight. This amendment is

prompted by an accident in which a

Model SA.315B helicopter lost a main

rotor blade (blade) just prior to take-off.

The cause of the blade failure was

determined to be fatigue cracks that

originated from the outboard blade-tocuff attachment bolt hole and

progressed through the blade spar and

cuff. This condition, if not corrected,

could result in separation of a blade and

subsequent loss of control of the

helicopter.

DATES: Effective May 4, 1998, to all

persons except those persons to whom

it was made immediately effective by

priority letter AD 98–04–40, issued on

February 12, 1998, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 4,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

June 16, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 98–SW–09–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

The applicable service information

may be obtained from American

Eurocopter Corporation, 2701 Forum

Drive, Grand Prairie, Texas 75053–4005,

telephone (972) 641–3460, fax (972)

641–3527. 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.

Shep Blackman, Aerospace Engineer,

FAA, Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, Texas 76137, telephone

(817) 222–5296, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: On

February 12, 1998, the FAA issued

priority letter AD 98–04–40, applicable

to Eurocopter France Model SA.315B,

SA.316B, SA.316C, SA.319B, and

SE.3160 helicopters, which requires, for

blades with 400 or more hours time-inservice (TIS), within 25 hours TIS,

inspecting each blade spar for cracks

using a dye-penetrant method, and

visually inspecting each blade cuff for

cracks using a 10-power or higher

magnifying glass. If a crack is

discovered in either a blade spar or cuff,

removal and replacement of the blade

with an airworthy blade is required

prior to further flight. That action was

prompted by an accident in which a

Model SA.315B helicopter lost a main

rotor blade (blade) just prior to take-off.

Although the main gearbox and the

remainder of the main rotor assembly

separated from the helicopter and

passed through the cockpit, there were

no fatalities. The cause of the blade

failure was determined to be fatigue

cracks that originated from the outboard

blade-to-cuff attachment bolt hole and

progressed through the blade spar and

cuff. This condition, if not corrected,

could result in separation of a blade and

subsequent loss of control of the

helicopter.

The FAA has reviewed Eurocopter

France Service Telex No. 00055/0034/

98, dated February 3, 1998 (Eurocopter

Service Telex: 316/319 No. 01–64 and

315 No. 01–29), which describes

procedures for inspecting each blade

spar for cracks using a dye-penetrant

method, and visually inspecting each

blade cuff for cracks using a 10-power

or higher magnifying glass.

Additionally, the Direction Generale De

L’Aviation Civile, which is the

airworthiness authority for France, has

issued AD 98–088–055(A) and 98–089–

038(A), both dated February 25, 1998, to

mandate these actions.

Since the unsafe condition described

is likely to exist or develop on other

Eurocopter France Model SA.315B,

SA.316B, SA.316C, SA.319B, and

SE.3160 helicopters of the same type

design, the FAA issued priority letter

AD 98–04–40 to prevent separation of a

blade and subsequent loss of control of

the helicopter. The AD requires, for

blades with 400 or more hours time-inservice (TIS), within 25 hours TIS,

inspecting each blade spar for cracks

using a dye-penetrant method, and

visually inspecting each blade cuff for

cracks using a 10-power or higher

magnifying glass. If a crack is

discovered in either a blade spar or cuff,

removal and replacement of the blade

with an airworthy blade is required

prior to further flight. The actions are

required to be accomplished in

accordance with the service telex

described previously.

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 February 12, 1998 to all

known U.S. owners and operators of

Eurocopter France Model SA.315B,

SA.316B, SA.316C, SA.319B, and

SE.3160 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.

The FAA estimates that 106

helicopters of U.S. Registry will be

affected by this AD, that it will take

approximately 4 work hours per

helicopter to inspect each helicopter

and 4 work hours to replace a main

rotor blade, and that the average labor

rate is $60 per work hour. Required

parts will cost approximately $49,700

per helicopter. Based on these figures,

the total cost impact of this AD on U.S.

operators is estimated to be $5,319,080,

assuming one blade replacement per

helicopter.

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
19184 Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations

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. 98–SW–09–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, 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 a new airworthiness directive to

read as follows:

98–04–40 Eurocopter France: Amendment

39–10479. Docket No. 98–SW–09–AD.

Applicability: Model SA.315B, SA.316B,

SA.316C, SA.319B, and SE.3160 helicopters,

with main rotor blades, part numbers

3160S11–10000 all dash numbers, 3160S11–

30000 all dash numbers, 3160S11–35000 all

dash numbers, 3160S11–40000 all dash

numbers, 3160S11–45000 all dash numbers,

3160S11–50000 all dash numbers, 3160S11–

55000 all dash numbers, 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 (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, for helicopters

with main rotor blades (blades) having 400 or

more hours time-in-service (TIS).

To prevent separation of a blade and

subsequent loss of control of the helicopter,

accomplish the following:

(a) Within 25 hours TIS, inspect each blade

spar for cracks using a dye-penetrant method

in accordance with paragraphs CC.1 through

CC.4 of the Operational Procedures in

Eurocopter France Service Telex No. 00055/

0034/98, dated February 3, 1998 (Eurocopter

Service Telex: 316/319 No. 01–64 and 315

No. 01–29).

(b) Within 25 hours TIS, visually inspect

the upper and lower surfaces of each blade

cuff for cracks, especially around the

attachment pins, using a 10-power or higher

magnifying glass.

(c) If a crack is found in a blade spar or

cuff, remove the blade and replace it with an

airworthy blade prior to further flight.

(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 will not be

issued.

(f) The inspection shall be done in

accordance with paragraphs CC.1 through

CC.4 of the Operational Procedures in

Eurocopter France Service Telex No. 00055/

0034/98, dated February 3, 1998 (Eurocopter

Service Telex: 316/319 No. 01–64 and 315

No. 01–29). 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 American Eurocopter Corporation, 2701

Forum Drive, Grand Prairie, Texas 75053–

4005, telephone (972) 641–3460, fax (972)

641–3527. Copies may be inspected 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.

(g) This amendment becomes effective on

May 4, 1998, to all persons except those

persons to whom it was made immediately

effective by Priority Letter AD 98–04–40,

issued February 12, 1998, which contained

the requirements of this amendment.

Note 3: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD 98–088–055(A) and 98–089–

038(A), dated February 25, 1998.

Issued in Fort Worth, Texas, on April 3,

1998.

Henry A. Armstrong,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 98–10175 Filed 4–16–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

New Animal Drugs For Use In Animal

Feeds; Bacitracin Zinc; Technical

Amendment

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; technical

amendment.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulation for use of

bacitracin zinc Type A medicated

articles to make Type C medicated feeds