This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

64129

Vol. 60, No. 240

Thursday, December 14, 1995

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 61, 141, 143

[Docket No. 25910; Notice No. 95–11]

RIN 2120–AE71

Pilot, Flight Instructor, Ground

Instructor, and Pilot School

Certification Rules

AGENCY: Federal Aviation

Administration (FAA).

ACTION: Notice of proposed rulemaking;

extension of comment period.

SUMMARY: This action extends the

comment period on Notice No. 95–11:

Pilot, Flight Instructor, Ground

Instructor, and Pilot School Certification

Rules. The comment period is extended

from December 11, 1995, to February 12,

1996. This action is in response to a

request from the Helicopter Association

International to allow all affected parties

additional time to comment. The

extension of the comment period is

justified because of the unusually large

size of the proposal and the numerous

technical issues raised.

DATES: The comment period for Notice

No. 95–11 is extended until February

12, 1996.

ADDRESSES: Comments should be

mailed in triplicate to: Federal Aviation

Administration, Office of the Chief

Counsel (Attention: Rules Docket, AGC–

200), Docket No. 25910, 800

Independence Avenue SW.,

Washington, DC 20591. Comments on

this notice may be examined in room

915G on weekdays, except on Federal

holidays, between 8:30 a.m. and 5:00

p.m.

FOR FURTHER INFORMATION CONTACT:

John Lynch, Certification Branch, AFS–

840, General Aviation and Commercial

Division, Flight Standards Service,

Federal Aviation Administration, 800

Independence Avenue SW.,

Washington, DC 20591, Telephone:

(202) 267–3844.

SUPPLEMENTARY INFORMATION: On August

11, 1995, the Federal Aviation

Administration (FAA) issued Notice No.

95–11: Pilot, Flight Instructor, Ground

Instructor, and Pilot School Certification

Rules [60 FR 41160]. Comments to

Notice No. 95–11 were to be received on

or before December 11, 1995.

By letter dated November 9, 1995, the

Helicopter Association International

(HAI) requested that the FAA extend the

comment period for Notice No. 95–11 to

March 31, 1996. HAI noted that the

proposal contains a myriad of farreaching changes, and that the sheer

bulk and detail of those changes warrant

more than 120 days to prepare wellreasoned comments.

Due to the unusually large size of the

proposal and the numerous technical

issues raised in the proposal, general

aviation groups were not able to

disseminate information to their

members in a timely manner. Therefore,

the FAA has determined that a 2-month

extension of the comment period is in

the public interest.

In order to give HAI members and

other interested parties sufficient time

to comment, the FAA has determined

that it is in the public interest to extend

the comment period. However, other

commenters have urged the FAA to

finalize certain areas of the proposal as

soon as possible. In an effort to provide

interested parties sufficient time to

comment, while at the same time

ensuring the final rule is published in

a punctual manner, the FAA will extend

the comment period until February 12,

1996.

Issued in Washington, DC on December 8,

1995.

William J. White,

Acting Director, Flight Standards Service.

[FR Doc. 95–30445 Filed 12–11–95; 12:34

pm]

BILLING CODE 4910–13–M

14 CFR Part 39

[Docket No. 95–SW–27–AD]

Airworthiness Directives; Robinson

Helicopter Company Model R22

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to Robinson

Helicopter Company (Robinson) Model

R22 helicopters, that currently requires

installing a low-rotor RPM caution light

and resetting the low-RPM warning unit

to activate the warning horn and caution

light at 94% to 96% revolutions-perminute (RPM). This action would

require installation of an improved

throttle governor; an adjustment to the

warning horn threshold to increase the

RPM at which the warning horn and

caution light activate; and, revisions to

the R22 Rotorcraft Flight Manual that

prohibit flight with the improved

throttle governor inoperative, except in

certain situations. This proposal is

prompted by an FAA Technical Panel

review of Model R22 accident history

data which revealed that main rotor (M/

R) blade stall at abnormally low M/R

RPM resulted in accidents. The actions

specified by the proposed AD are

intended to minimize the possibility of

pilot mismanagement of the M/R RPM,

which could result in unrecoverable M/

R blade stall and subsequent loss of

control of the helicopter.

DATES: Comments must be received by

Janaury 29, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 95–SW–27–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137. Comments may be

inspected at this location between 9:00

a.m. and 3:00 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

James Wang, Helicopter Program

Manager, FAA, Los Angeles Aircraft

Certification Office, 3960 Paramount

Blvd., Lakewood, California 90712–

4137, telephone (310) 627–5303; fax

(310) 627–5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All

communications received on or before

the closing date for comments, specified
64130 Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Proposed Rules

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal 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 No. 95–SW–27–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

95–SW–27–AD, 2601 Meacham Blvd.,

Room 663, Fort Worth, Texas 76137.

Discussion

On April 28, 1983, the FAA issued

AD 82–23–51, Amendment 39–4645 (48

FR 21894, May 16, 1983), to require

installing a low-rotor RPM caution light

and resetting the low-RPM warning unit

to activate the warning horn and caution

light at 94% to 96% RPM. That action

was prompted by several accidents

involving M/R blades striking the

helicopter tailboom in flight. Some

tailboom strikes have been attributed to

M/R blade stall at abnormally low RPM.

The requirements of that AD are

intended to provide early detection of

low-rotor RPM to minimize the

possibility of severe M/R blade flapping,

which could result in the M/R blades

striking the tailboom and subsequent

loss of control of the helicopter.

Since the issuance of that AD, an FAA

Technical Panel review of Model R22

helicopter accident history data

revealed that some accidents resulted

from pilot mismanagement of the M/R

RPM.

One of the Technical Panel’s

recommendations was for the

manufacturer to configure the Model

R22 with an improved throttle governor.

Robinson has incorporated the

improved throttle governor on new

production helicopters, and has made

the improved throttle governor available

as a retrofit kit for all Model R22

helicopters.

The FAA agrees with the Technical

Panel’s recommendation and has

determined that an improved throttle

governor should be used to maintain M/

R RPM, thereby decreasing the

possibility of M/R blade stall resulting

in the M/R blades striking the helicopter

tailboom in flight. The improved

throttle governor will also reduce pilot

workload, allowing the pilot to focus

more attention on other aspects of flying

the aircraft and avoiding possible

obstructions. There are four types of

governors currently available for

installation on the Model R22

helicopters. Three are throttle/collective

governor models that will automatically

make throttle (RPM) and collective stick

position (pitch) corrections. The fourth

governor, which is the improved throttle

governor, makes only throttle (RPM)

corrections and significantly improves

the ability to maintain M/R speed

control. Some operators find throttle/

collective governor corrections of

collective stick position to be distracting

and routinely fly with the throttle/

collective governor selected off, thus

defeating the governor’s purpose of

tighter rotor RPM control. While other

operators find these throttle/collective

governor collective stick movements

acceptable, the FAA is concerned about

the different operating characteristics

and associated safety implications of a

mixed fleet of throttle/collective and

improved throttle governors,

particularly in the training environment.

The differences in flight operating

characteristics between the throttle/

collective governor and the improved

throttle governor are significant and

could cause confusion and an unsafe

condition for students and low-time

pilots when changing between Model

R22 helicopters. The FAA therefore

proposes to require the installation and

use of the improved throttle governor to

enhance the ability to maintain M/R

speed control on all Model R22

helicopters, to eliminate possibly

distracting collective stick position

corrections on those aircraft currently

equipped with the throttle/collective

governor, and to maintain consistent

flight operating characteristics of the

Model R22 fleet.

A second recommendation made by

the Technical Panel was to increase the

RPM at which the warning horn and

caution light activate, thereby allowing

additional time for the initiation of

corrective action between the activation

of the warning horn and caution light

and the onset of M/R blade stall. The

installation of the improved throttle

governor will allow for this increase in

the warning threshold, without

unnecessary nuisance activations, due

to the governor’s ability to maintain

tighter control of the M/R RPM.

Based on these recommendations,

Robinson issued Robinson Helicopter

Company R22 Service Bulletin SB–80A,

Revised June 8, 1995, which describes

procedures for installation of a KI–67–

2 Governor Field Installation Kit on

certain serial-numbered Model R22

helicopters, and procedures for

increasing the RPM threshold at which

the warning horn and caution light

activate to avoid inadvertent low M/R

RPM. This condition, if not corrected,

could result in unrecoverable M/R blade

stall and a subsequent loss of control of

the helicopter. Since the issuance of this

service bulletin, Robinson has

manufactured a KI–67–3 Governor

Upgrade Kit to incorporate the

improved throttle governor on

helicopters that have a throttle/

collective governor currently installed.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Robinson Model R22

helicopters of the same type design, the

proposed AD would require: the

installation of an improved throttle

governor on certain Model R22

helicopters not currently equipped with

a governor, or the upgrade to the

improved throttle governor on those

Model R22 helicopters currently

equipped with a throttle/collective

governor; an adjustment to the warning

horn and caution light threshold from

95± 1% RPM to between 96% and 97%

RPM to increase the RPM at which the

warning activates; and revisions to the

Robinson Helicopter Company R22

Rotorcraft Flight Manual prohibiting

flight with the governor selected off,

with exceptions for system malfunction

and emergency procedures training with

an instructor pilot.

The FAA estimates that 1,014

helicopters of U.S. registry would be

affected by this proposed AD, that it

would take approximately 8 work hours

to install the improved throttle

governor, or 7 hours to upgrade the

throttle/collective governor, and

approximately 0.2 work hours to

accomplish the adjustment of the light/

warning horn RPM, and that the average

labor rate is $60 per work hour.

Required parts would cost

approximately $2,150 per helicopter to

install the improved throttle governor,

or approximately $500 for upgrading the

throttle/collective governor per

helicopter. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be

$2,678,988. This cost estimate assumes

that no helicopters are currently
Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Proposed Rules 64131

equipped with a governor and all will

need the improved throttle governor

installed.

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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 USC 106(g), 40101, 40113,

44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–4645 (48 FR

21894, May 16, 1983), and by adding a

new airworthiness directive (AD) to

read as follows:

Robinson Helicopter Company: Docket No.

95–SW–27–AD. Supersedes AD 82–23–

51, Amendment 39–4645.

Applicability: Model R22 helicopters,

serial numbers (S/N) 0002 to 2537,

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 (e) 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 within the next 30

days after the effective date of this AD, unless

accomplished previously.

To minimize the possibility of pilot

mismanagement of the main rotor (M/R)

revolutions-per-minute (RPM), which could

result in unrecoverable M/R blade stall and

subsequent loss of control of the helicopter,

accomplish the following:

(a) Adjust the A569–1 or –5 low-RPM

warning unit so that the warning horn and

caution light activate when the M/R RPM is

between 96% and 97% rotor RPM in

accordance with the procedures contained in

the Model R22 maintenance manual.

(b) For Model R22 helicopters that do not

have a governor currently installed, install a

Robinson Helicopter Company KI–67–2

Governor Field Installation Kit in accordance

with the kit instructions.

(c) For Model R22 helicopters that have a

throttle/collective governor currently

installed, upgrade the governor with a

Robinson Helicopter Company KI–67–3

Governor Upgrade Kit in accordance with the

kit instructions.

(d) Upon accomplishment of paragraph (b)

or (c) of this AD, insert pages 2–2 and 2–7

of the FAA-approved Robinson Helicopter

Company R22 Rotorcraft Flight Manual,

revised July 6, 1995, into each Model R22

helicopter’s flight manual, and make penand-ink changes to page 2–7 to delete the

phrase ‘‘If equipped with RPM governor,’’

and add the phrase ‘‘with an instructor pilot’’

so that the affected limitation will state

‘‘Flight prohibited with governor selected off,

with exceptions for system malfunction and

emergency procedures training with an

instructor pilot.’’ Also, delete the phrase ‘‘If

not equipped with RPM governor,’’ so that

the affected limitation will state ‘‘Maximum

power-on RPM required during takeoff,

climb, or level flight below 500 feet AGL or

above 5000 feet density altitude.’’

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used when approved by the Manager, Los

Angeles Aircraft Certification Office, FAA.

Operators shall submit their requests through

FAA Principal Maintenance Inspectors, who

may concur or comment and then send it to

the Manager, Los Angeles Aircraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles Aircraft

Certification Office.

(f) 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 helicopter to a

location where the requirements of this AD

can be accomplished.

Issued in Fort Worth, Texas, on December

6, 1995.

Daniel P. Salvano,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 95–30422 Filed 12–13–95; 8:45 am]

BILLING CODE 4910–13–U

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

15 CFR Part 2013

Weekly Allocation of NAFTA TariffRate Quotas for Fresh Tomatoes

AGENCY: Office of the Untied States

Trade Representative.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Office of the United

States Trade Representative is

considering a proposal to allocate on a

weekly basis the seasonal tariff-rate

quotas for fresh tomatoes which were

established under the North American

Free Trade Agreement. Public comment

is invited.

DATES: Written comments must be

received on or before March 13, 1996.

ADDRESSES: Comments should be

mailed to Leonard W. Condon, Deputy

Assistant United States Trade

Representative for Agricultural Affairs,

Office of the United States Trade

Representative, 600 17th Street NW.,

Washington, DC 20508. Envelopes

should be marked: ‘‘Tomato ANPR’’.

FOR FURTHER INFORMATION CONTACT:

Leonard W. Condon (202) 395–9564.

SUPPLEMENTARY INFORMATION: Article

302(4) of the North American Free

Trade Agreement (NAFTA) provides

that each NAFTA party ‘‘ * * * may

adopt or maintain import measures to

allocate in-quota imports made pursuant

to a tariff rate quota set out in Annex

302.2, provided that such measures do

not have trade restrictive effects on

imports additional to those caused by

the imposition of the tariff rate quota.’’

Section 321(c) of the North American

Free Trade Agreement Implementation

Act (19 U.S.C. 3391(c)) provides that in

‘‘implementing the tariff rate quotas set

out in the United States Schedule to

Annex 302.2 of the Agreement, the

President shall take such action as may

be necessary to ensure that imports of

agricultural goods do not disrupt the

orderly marketing of commodities in the