Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 /Rules and Regulations 4161

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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–ANE–35–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 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:

98–02–07 Hartzell Propeller Inc.:

Amendment 39–10289. Docket 97–ANE–

35–AD.

Applicability: Hartzell Propeller Inc. Model

HC–E4A–3(A,I) propellers with serial

numbers HJ1 to HJ654, installed on but not

limited to Raytheon Beech 1900D series

aircraft.

Note 1: This airworthiness directive (AD)

applies to each propeller 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 propellers 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 counterweight clamp bolt

failure, which can result in propeller blade

counterweight separation and damage to the

propeller and aircraft, accomplish the

following:

(a) Within 45 days or 400 hours time in

service (TIS) after the effective date of the

AD, whichever occurs first, identify and

replace defective propeller blade

counterweight clamp bolts with improved

bolts in accordance with Hartzell Propeller

Inc. Service Bulletin (ASB) No. HCA–SB–61–

219, Revision 1, dated July 2, 1996.

(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, Chicago

Aircraft Certification Office. Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Chicago Aircraft 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 Chicago

Aircraft Certification Office.

(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 aircraft to

a location where the requirements of this AD

can be accomplished.

(d) The actions required by this AD shall

be done in accordance with the following

Hartzell Propeller Inc. ASB:

Document No. Pages Revision Date

HC–ASB–61–

219.

1–8 1 July 2,

1996.

Total pages: 8.

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 Hartzell Propeller Inc., One Propeller

Place, Piqua, OH 45356–2634, ATTN:

Product Support; telephone (937) 778–4200,

fax (937) 778–4321. Copies may be inspected

at the FAA, New England Region, Office of

the Regional 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.

(e) This amendment becomes effective on

February 12, 1998.

Issued in Burlington, Massachusetts, on

January 9, 1998.

James C. Jones,

Assistant Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 98–1742 Filed 1–27–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–189–AD; Amendment

39–10293; AD 98–03–01]

RIN 2120–AA64

Airworthiness Directives; Dassault

Model Mystere Falcon 200 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Dassault Model

Mystere Falcon 200 series airplanes,

that requires reducing the life limit of

the polyurethane foam used in the

fuselage fuel tanks. This amendment is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this AD are

intended to ensure replacement of the

polyurethane foam in the fuselage fuel

tanks when it has reached its maximum

life limit; polyurethane foam that is not

replaced in a timely manner could

result in fuel contamination or
4162 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 /Rules and Regulations

increased risk of explosion in the

fuselage fuel tank.

EFFECTIVE DATE: March 4, 1998.

ADDRESSES: Information pertaining to

this rulemaking action may be examined

at the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 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:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Dassault Model

Mystere Falcon 200 series airplanes was

published in the Federal Register on

November 26, 1997 (62 FR 63041). That

action proposed to require reducing the

life limit of the polyurethane foam used

in the fuselage fuel tanks.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 20 Model

Mystere Falcon 200 series airplanes of

U.S. registry will be affected by this AD,

that it will take approximately 8 work

hours per airplane to accomplish the

required actions, and that the average

labor rate is $60 per work hour.

Required parts will cost approximately

$4,000 per airplane. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be

$89,600, or $4,480 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

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, 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:

98–03–01 Dassault Aviation: Amendment

39–10293 Docket 97–NM–189–AD.

Applicability: All Model Mystere Falcon

200 series airplanes, certificated in any

category.

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 (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 fuel contamination or increased

risk of explosion in the fuselage fuel tank as

a result of degradation of the polyurethane

foam used in the fuselage fuel tanks,

accomplish the following:

(a) Replace the polyurethane foam in the

fuselage fuel tanks with new foam, in

accordance with procedures specified in

Chapter 5 of the Dassault Falcon 200

Maintenance Manual, at the later of the times

specified in paragraph (a)(1) or (a)(2) of this

AD. Thereafter, replace the foam with new

foam at intervals not to exceed 8 years.

(1) Within 8 years after the last

replacement of the foam; or

(2) Within 7 months or 350 flight hours

after the effective date of this AD, whichever

occurs first.

(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,

International Branch, ANM–116, 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, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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.

Note 3: The subject of this AD is addressed

in French airworthiness directive (CN) 96–

078–021(B), dated April 10, 1996.

(d) This amendment becomes effective on

March 4, 1998.

Issued in Renton, Washington, on January

21, 1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–1971 Filed 1–27–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95-AWA–1]

RIN 2120–AA66

Modification of the Houston Class B

Airspace Area; TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.