Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27403

The FAA has recently reviewed the

figures it has used over the past several

years in calculating the economic

impact of AD activity. In order to

account for various inflationary costs in

the airline industry, the FAA has

determined that it is necessary to

increase the labor rate used in these

calculations from $55 per work hour to

$60 per work hour. The economic

impact information, below, has been

revised to reflect this increase in the

specified hourly labor rate.

The FAA estimates that 110 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 49

work hours per airplane to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Required parts will be provided by the

manufacturer at no cost to operators.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $323,400, or $2,940 per

airplane.

The total 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.

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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–11–04 Aerospatiale: Amendment 39–

9238. Docket 94–NM–48–AD.

Applicability: Model ATR42–200, –300,

and –320 series airplanes, as listed in

Aerospatiale Service Bulletins ATR42–27–

0068 and ATR42–27–0069, both dated

January 25, 1994; 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 use the authority

provided in paragraph (b) 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 airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent reduced controllability of the

airplane, accomplish the following:

(a) Within 12 months after the effective

date of this AD, modify the wiring in the

elevator controls and the pitch trim

dissymmetry monitoring equipment, in

accordance with Aerospatiale Service

Bulletin ATR42–27–0068 or ATR42–27–

0069, both dated January 25, 1994; as

applicable.

(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

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 §§ 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 ATR42–27–0068, dated January 25,

1994; or Aerospatiale Service Bulletin

ATR42–27–0069, dated January 25, 1994; as

applicable. 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 Bayonee,

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

June 23, 1995.

Issued in Renton, Washington, on May 16,

1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–12443 Filed 5–23–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–NM–190–AD; Amendment

39–9237; AD 95–11–03]

Airworthiness Directives; Boeing

Model 747 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 747

series airplanes, that requires

replacement of the existing pressure

relief valve in the potable water system

with a non-adjustable, single setting

valve. This amendment is prompted by

reports of potable water tanks that

ruptured and resulted in damage to the

passenger compartment. The actions

specified by this AD are intended to

prevent injury to the crew and

passengers and damage to the passenger

compartment due to an explosive failure

of the potable water tank.

DATES: Effective June 23, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 23,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained
27404 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. This

information 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: Don

Eiford, Aerospace Engineer, Systems

and Equipment Branch, ANM–130S,

Seattle Aircraft Certification Office,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2788; fax (206) 227–1181.

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 certain Boeing

Model 747 series airplanes was

published in the Federal Register on

December 15, 1994 (59 FR 64629). That

action proposed to require replacement

of the existing pressure relief valve in

the potable water system with a nonadjustable, single setting valve.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Two commenters support the rule.

The Air Transport Association of

America (ATA), on behalf of several of

its members, supports the proposed

rule, but requests that the proposed

compliance time of 6 months be

extended to 12 months. ATA states that

the 6-month compliance time would

require several members to ‘‘special

schedule’’ their maintenance planning

in order to accomplish the proposed

replacement of the pressure relief valve

in the potable water system. The FAA

does not concur with the commenter’s

request to extend the compliance time.

In developing an appropriate

compliance time for this action, the

FAA considered not only the degree of

urgency associated with addressing the

subject unsafe condition, but the

availability of required parts and the

practical aspect of replacing the

pressure relief valve within a maximum

interval of time allowable for all affected

airplanes to continue to operate without

compromising safety. The manufacturer

has advised that an ample number of

required parts will be available for the

replacement of the pressure relief valve

for the U.S. fleet within the proposed

compliance period. Additionally, the

replacement actions required by this AD

are uncomplicated and do not require

special scheduling; the inspection could

be accomplished during an ‘‘A’’ check,

which occurs every one or two weeks.

However, under the provisions of

paragraph (b) of the final rule, the FAA

may approve requests for adjustments to

the compliance time if data are

submitted to substantiate that such an

adjustment would provide an acceptable

level of safety.

Since issuance of the Notice, Boeing

has issued Revision 1, dated March 2,

1995, of Boeing Alert Service Bulletin

747–38A2105. This alert service bulletin

changes airplane grouping by putting all

Model 747 SP series airplanes in Group

3, and changes the part numbers of the

valves required for Group 1 and Group

2 airplanes. Revision 1 does not increase

the scope of the work required.

Therefore, the FAA has revised the final

rule to reflect the latest revision to the

service bulletin as the appropriate

source of service information.

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

There are approximately 983 Boeing

Model 747 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 205 airplanes of

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

that it will take approximately 4 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

$120 per airplane. Based on these

figures, the total cost impact of the AD

on U.S. operators is estimated to be

$73,800, or $360 per airplane.

The total 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.

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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–11–03 Boeing: Amendment 39–9237.

Docket 94–NM–190–AD.

Applicability: Model 747 series airplanes,

line positions 1 through 1013 inclusive;

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 use the authority

provided in paragraph (b) 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 airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent explosive failure of the potable

water tank, which could cause damage to the
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27405

passenger compartment and result in injury

to the crew and passengers, accomplish the

following:

(a) Within 6 months after the effective date

of this AD, replace the existing pressure relief

valve in the potable water system with a nonadjustable, single setting valve, in accordance

with Boeing Alert Service Bulletin 747–

38A2105, Revision 1, dated March 2, 1995.

(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, Seattle

Aircraft Certification Office (ACO), 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,

Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(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 replacement shall be done in

accordance with Boeing Service Bulletin

747–38A2105, Revision 1, dated March 2,

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 Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington 98124–

2207. 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

June 23, 1995.

Issued in Renton, Washington, on May 16,

1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–12444 Filed 5–23–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 95–ANE–07]

Amendment to Class E Airspace;

Claremont, NH

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment modifies the

Class E airspace at Claremont Municipal

Airport, Claremont, NH, to provide

adequate controlled airspace for the new

GPS Runway 29, Standard Instrument

Approach Procedure (SIAP). This action

will add an extension running easterly

from the basic radius of the Claremont,

NH, Class E airspace that extends from

700 feet above the surface.

EFFECTIVE DATE: 0901 UTC, July 20,

1995.

FOR FURTHER INFORMATION CONTACT:

Joseph A. Bellabona, System

Management Branch, ANE–530, Federal

Aviation Administration, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone (617) 238–7536;

fax (617) 238–7596.

SUPPLEMENTARY INFORMATION:

History

On March 28, 1995, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) by increasing the Class E

airspace in the vicinity of Claremont

Municipal Airport, Claremont, NH (60

FR 15885). The proposed action would

provide adequate controlled airspace for

the new GPS runway 29, Standard

Instrument Approach Procedure at

Claremont Municipal Airport,

Claremont, NH, by adding to the basic

radius of Class E airspace extending

upward from 700 feet above the surface,

airspace within 2 miles on each side of

the 094° bearing from the Claremont

Nondirectional Beacon (NDB) extending

from the 5.5-mile radius to 15.3 miles

east of the Claremont NDB. The

proposed action would not affect that

airspace within the Springfield, VT,

Concord, NH, and Lebanon, NH, Class E

areas.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments on the proposal were

received. Class E airspace designations

for airspace areas extending upward

from 700 feet or more above the surface

of the earth are published in paragraph

6005 of FAA Order 7400.9B, dated July

18, 1994, and effective September 16,

1994, which is incorporated by

reference in 14 CFR 71.1. The Class E

airspace designation listed in this

document would be published

subsequently in the Order.

The FAA has determined that this

proposed regulation involves only an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep these regulations operationally

current. It, therefore—(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)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

economic cost will be so minimal. Since

this is a routine matter that will only

affect air traffic procedures and air

navigation, the FAA certifies that this

rule will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963, Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9b, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth

* * * * *

ANE NH E5 Claremont, NH [Revised]

Claremont NDB

(Lat. 43°22′10′′ N, long. 72°22′16′′ W)

That airspace extending upward from 700

feet above the surface within a 5.5 mile

radius of the Claremont NDB; and within 2

miles on each side of the 094° bearing from

the Claremont NDB, extending from 5.5-mile

radius to 15.3 miles east of the Claremont

NDB; excluding that airspace within the

Springfield, VT, Concord, NH, and Lebanon,

NH, Class E areas.

* * * * *

Issued in Burlington, Massachusetts, on

May 10, 1995.

John J. Boyce,

Acting Manager, Air Traffic Division, New

England Region.

[FR Doc. 95–12758 Filed 5–23–95; 8:45 am]

BILLING CODE 4910–13–M