27402 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations

concerning loan policies and operations,

funding, and miscellaneous items as

well as two Agency prior-approval

requirements. These repeals are part of

an ongoing effort by the FCA to reduce

unnecessary regulatory burdens on

Farm Credit System institutions. In

accordance with 12 U.S.C. 2252, the

effective date of the final rule is 30 days

from the date of publication in the

Federal Register during which either or

both Houses of Congress are in session.

Based on the records of the sessions of

Congress, the effective date of the

regulations is May 24, 1995.

EFFECTIVE DATE: The regulation

amending 12 CFR parts 614, 615, 618

published on April 24, 1995 (60 FR

20008) is effective May 24, 1995.

FOR FURTHER INFORMATION CONTACT:

W. Eric Howard, Policy Analyst,

Regulation Development, Office of

Examination, Farm Credit

Administration, McLean, Virginia

22102–5090, (703) 883–4498, TDD

(703) 883–4444,

or

Richard A. Katz, Senior Attorney,

Regulatory Operations Division,

Office of General Counsel, Farm

Credit Administration, McLean,

Virginia 22102–5090, (703) 883–4020,

TDD (703) 883–4444.

(12 U.S.C. 2252(a) (9) and (10)).

Dated: May 19, 1995.

Floyd Fithian,

Secretary, Farm Credit Administration Board.

[FR Doc. 95–12741 Filed 5–23–95; 8:45 am]

BILLING CODE 6705–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–48–AD; Amendment

39–9238; AD 95–11–04]

Airworthiness Directives; Aerospatiale

Model ATR42–200, –300, and –320

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Aerospatiale Model

ATR42–200, –300, and –320 series

airplanes, that requires modification of

the wiring in the elevator controls and

the pitch trim dissymmetry monitoring

equipment. This amendment is

prompted by a report of loss of a

propeller and engine gearbox, which

resulted in damage to the fuselage.

There has also been a report that a

modification was implemented in the

elevator control cables during

manufacture, which reduced the

maximum physical separation between

the elevator controls and the monitoring

equipment. The actions specified by this

AD are intended to prevent reduced

controllability of the airplane in the

event that debris from an engine burst

or propeller failure were to strike the

fuselage and sever the elevator flight

controls.

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

from Aerospatiale, 316 Route de

Bayonee, 31060 Toulouse, Cedex 03,

France. 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: Sam

Grober, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1187; fax (206) 227–1320.

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 Aerospatiale

Model ATR42–200, –300, –320 series

airplanes was published in the Federal

Register on July 20, 1994 (59 FR 36998).

That action proposed to require

modification of the wiring in the

elevator controls and the pitch trim

dissymmetry monitoring equipment.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

The manufacturer requests that

reference to a certain incident involving

a Model ATR42–300 series airplane be

deleted from the Discussion section of

the preamble of the proposed rule. The

manufacturer states that the incident

did not result in any damage to flight

controls and, therefore, should not be

referred to in the final rule. The FAA

acknowledges that, since the incident

was apparently not connected with the

flight controls, deletion of the reference

to the incident would be appropriate.

However, since the Discussion section

of the preamble of the proposal does not

reappear in the final rule, no change to

the final rule is necessary.

Another commenter requests that the

compliance time to perform the

modification be extended from the

proposed 3 months to 12 months. The

commenter states that investigation has

shown that only 4% of all affected

operators have found any defective

propellers. The commenter states that

detection of this small percentage of

defective propellers does not justify the

urgency of a 3-month compliance time.

The FAA concurs with the commenter’s

request to extend the compliance time

for the modification requirements. The

FAA’s intent was that the modifications

be performed during a regularly

scheduled maintenance visit for the

majority of the affected fleet, when the

airplanes would be located at a base

where special equipment and trained

personnel would be readily available, if

necessary. Based on the information

supplied by the commenter, the FAA

now recognizes that 12 months

corresponds more closely to the interval

representative of most of the affected

operators’ normal maintenance

schedules. Paragraph (a) of the final rule

has been revised to reflect a compliance

time of 12 months. The FAA does not

consider that this extension will

adversely affect safety.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been added to this final rule to clarify

this long-standing requirement.

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 these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.
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