Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations 21071

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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–10–04 AlliedSignal, Inc.: Amendment 39–

9609. Docket 95–ANE–12.

Applicability: AlliedSignal, Inc. Models

LTS101–600A–2 and A–3 turboshaft engines,

installed on but not limited to Eurocopter

AS350 series aircraft.

Note: This airworthiness directive (AD)

applies to each engine 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 engines 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 Federal Aviation

Administration (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 engine from the

applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent a fuel control failure, which

could result in an uncommanded increase or

decrease in available engine power,

accomplish the following:

(a) At the next replacement of an affected

fuel control, prior to accumulating 300 hours

time in service (TIS) after the effective date

of this AD, or September 1, 1996, whichever

occurs first, accomplish the following in

accordance with AlliedSignal Engines

Service Bulletin (SB) No. LTS101A–73–20–

0166, Revision 1, dated November 21, 1994,

or Revision 2, dated August 1, 1995:

(1) For AlliedSignal, Inc. Model LTS101–

600A–2 engines, install an improved fuel

control, P/N 4–301–098–04 with ‘‘B’’ or ‘‘BF’’

stamped on the data plate after the dash

number of the AlliedSignal Aerospace

Equipment Division (formerly AlliedSignal

Controls and Accessories/Bendix) part

number, or P/N 4–301–098–15. These

improved fuel controls incorporate fuel

control drive (Meldin) bearings.

(2) For AlliedSignal, Inc. Model LTS101–

600A–3 engines, install an improved fuel

control, P/N 4–301–288–02 with ‘‘B’’ or ‘‘BF’’

stamped on the data plate after the dash

number of the AlliedSignal Aerospace

Equipment Division (formerly AlliedSignal

Controls and Accessories/Bendix)

P/N, or P/N 4–301–288–04. These improved

fuel controls incorporate fuel control drive

(Meldin) bearings.

(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, Engine

Certification Office. The request should be

forwarded through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Engine Certification Office.

Note: Information concerning the existence

of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Engine

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

AlliedSignal Engines SB’s:

Document

No. Pages Revision Date

LTS101A–

73–20–

0166.

1–3 1 November

21, 1994.

Total Pages:

3.

LTS101A–

73–20–

0166.

1–6 2 August 1,

1995.

Total Pages:

6.

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 AlliedSignal Engines, 111 South 34th

Street, Phoenix, AZ 85072; telephone (602)

365–2493, fax (602) 365–2210. Copies may be

inspected at the FAA, New England Region,

Office of the Assistant Chief 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

June 13, 1996.

Issued in Burlington, Massachusetts, on

April 24, 1996.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 96–11258 Filed 5–8–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–ANE–03; Amendment 39–

9583; AD 69–09–03 R3]

Airworthiness Directives; Sensenich

Propeller Manufacturing Company Inc.

Models M76EMM, M76EMMS, 76EM8,

and 76EM8S() Metal Propellers

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment revises an

existing airworthiness directive (AD),

applicable to Sensenich Propeller

Manufacturing Company Inc. Models

M76EMM, M76EMMS, 76EM8, and

76EM8S() metal propellers, that

currently restricts operators from

continuously operating the propeller at

engine speeds from 2,150 to 2,350

revolutions per minute (RPM) and

specifies propeller inspection and

rework or replacement. This

amendment eliminates the requirement

to add tachometer markings on aircraft

with certain additional Textron

Lycoming O–360 series reciprocating

engines with solid crankshafts installed,

and updates the referenced Sensenich

Propeller Company Inc. service bulletin

to the latest revision. Reworking of all

affected propeller models remains a

requirement of the AD, regardless of

engine installation. This amendment is

prompted by inquiries concerning

tachometer red arc restrictions on

certain Textron Lycoming O–360 series

reciprocating engines with solid

crankshafts. The actions specified by

this AD are intended to prevent

propeller blade tip fatigue failure, which

can result in loss of control of the

aircraft.

DATES: Effective June 13, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 13,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from Sensenich Propeller

Manufacturing Company Inc., 519

Airport Road, Lititz, PA 17543;

telephone (717) 569–0435, fax (717)

560–3725. This information may be

examined at the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, 12 New England Executive

Park, Burlington, MA; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., 7th Floor, suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Raymond J. O’Neill, Aerospace
21072 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations

Engineer, New York Aircraft

Certification Office, FAA, Engine and

Propeller Directorate, 10 Fifth St.,

Valley Stream, NY 11581; telephone

(516) 256–7505, fax (516) 568–2716.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by revising AD 69–09–03, Amendment

39–761 (34 FR 7371, May 7, 1969);

Revision 1, Amendment 39–808 (34 FR

12563, August 1, 1969); Revision 2,

Amendment 39–1102 (35 FR 17030,

November 5, 1970), was published in

the Federal Register on December 7,

1995 (60 FR 62772). The action,

applicable to Sensenich Propeller

Manufacturing Company Inc. Models

M76EMM, M76EMMS, 76EM8, and

76EM8S() metal propellers, proposed to

eliminate the requirement to add

tachometer markings on aircraft with

certain additional Textron Lycoming O–

360 series reciprocating engines with

solid crankshafts installed that restrict

continuous operation between engine

speeds from 2,150 to 2,350 revolutions

per minute (RPM). In addition, that

action proposed to update the

referenced Sensenich Propeller

Company Inc. service bulletin (SB) to

the latest revision.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public.

In the NPRM, propeller model

M76EMMS was erroneously listed as

M7EMMS. This final rule lists the

correct propeller model, M76EMMS.

In addition, since issuance of the

NPRM, the manufacturer has advised

the FAA that correct date of SB No. R–

14A is July 28, 1995. This final rule

shows the correct revision date.

The FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

described previously. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

There are approximately 100

propellers of the affected design that

may not have been modified to the ‘‘K’’

standard in the worldwide fleet. The

FAA estimates that 50 propellers

installed on aircraft of U.S. registry will

be affected by this AD, that it will take

approximately 2.5 work hours per

propeller to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the total cost impact of the AD

on U.S. operators is estimated to be

$7,500. However, since this rule further

restricts the applicability by exempting

propellers installed on certain Textron

Lycoming engine models from the

tachometer restriction, there is a

potential overall cost savings of

$4,395,000, if all the affected Sensenich

propellers are installed on the newly

exempted engines.

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. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–1102 (35 FR

17030, November 5, 1970) and by

adding a new airworthiness directive,

Amendment 39–9583, to read as

follows:

69–09–03 R3 Sensenich Propeller

Manufacturing Company Inc.:

Amendment 39–9583. Docket 95–ANE–

03. Revises AD 69–09–03 R2,

Amendment 39–1102.

Applicability: Sensenich Propeller

Manufacturing Company Inc. Models

M76EMM, M76EMMS, 76EM8, and

76EM8S() metal propellers. Paragraphs (a)

and (b) of this airworthiness directive (AD)

do not apply to those propellers installed on

the following solid crankshaft Textron

Lycoming O–360 series reciprocating

engines: O–360–A4A, –A4D, –A4G, –A4J,

–A4K, –A4M, –A4N, –A4P, and –A5AD, or

additional engines identified by suffixes

having a digit ‘‘4’’ or higher in the second

position. These propellers are installed on

but not limited to the following aircraft: Piper

PA–28–180, PA–28–181, American General

Aircraft Holding Co. Inc. (formerly

Gulfstream American) AA–5 series, Beech

B23 and C23, Cessna 172Q, Avions Pierre

Robin R–3000/160, and aircraft modified

under various Supplemental Type

Certificates (STC’s).

Note: This 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 use the authority

provided in paragraph (f) to request approval

from the Federal Aviation Administration

(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 propeller

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously. To prevent

propeller blade tip fatigue failure, which can

result in loss of control of the aircraft,

accomplish the following:

(a) Commencing with the next flight after

the effective date of this AD, do not operate

the engine in continuous operation between

2,150 and 2,350 RPM.

(b) Within the next 25 hours time in

service (TIS) after the effective date of this

AD, mark engine tachometer with a red arc

from 2150 RPM to 2350 RPM.

(c) For propellers with 500 or more total

hours TIS, or unknown TIS on the effective

date of this AD, inspect and rework, within

the next 50 hours TIS after the effective date

of this AD, in accordance with Sensenich

Propeller SB No. R–14A, dated July 28, 1995.

Remove from service those propellers that do

not meet the inspection and rework

requirements of Sensenich Propeller SB No.

R–14A, dated July 28, 1995.

(d) For propellers with less than 500 total

hours TIS on the effective date of this AD,
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations 21073

inspect, and rework or replace, as necessary,

prior to accumulating 550 total hours TIS, in

accordance with Sensenich Propeller SB No.

R–14A, dated July 28, 1995. Remove from

service those propellers that do not meet the

inspection and rework requirements of

Sensenich Propeller SB No. R–14A, dated

July 28, 1995.

(e) Mark with a suffix letter ‘‘K’’ propellers

that have been inspected and, reworked in

accordance with Sensenich Propeller SB No.

R–14A, dated July 28, 1995, and found

satisfactory.

(f) An alternative method of compliance or

adjustment of the initial compliance time

that provides an acceptable level of safety

may be used if approved by the Manager,

New York Aircraft Certification Office. The

request should be forwarded through an

appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, New York Aircraft Certification

Office.

Note: Information concerning the existence

of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York Aircraft

Certification Office.

(g) 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.

(h) The actions required by this AD shall

be done in accordance with the following

Sensenich Propeller SB’s:

Document No. Pages Revision Date

No. R–13 ................................................................................................. A7 Original ......................................................... April 11, 1969.

Total pages: 1

No. R–14A ............................................................................................... 1 Original ......................................................... July 28, 1995.

Total pages: 1.

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 Sensenich Propeller Manufacturing

Company Inc., 519 Airport Road, Lititz, PA

17543; telephone (717) 569–0435, fax (717)

560- 3725. Copies may be inspected at the

FAA, New England Region, Office of the

Assistant Chief 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.

(i) This amendment becomes effective on

June 13, 1996.

Issued in Burlington, Massachusetts, on

April 22, 1996.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 96–11257 Filed 5–8–96; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 981

[Docket No. 951213299–6096–02]

RIN: 0648–AI42

Ocean Thermal Energy Conversion

Licensing Program

AGENCY: Office of Ocean and Coastal

Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Final rule; removal.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA) is

removing Part 981 from Title 15 of the

Code of Federal Regulations (Part 981).

Part 981 implements the Ocean Thermal

Energy Conversion (OTEC) Licensing

Program, which was established under

the Ocean Thermal Energy Conversion

Act of 1980, as amended, (OTEC Act),

42 U.S.C. 9101 et seq. No applications

under Part 981 for licenses of

commercial OTEC facilities or

plantships have yet been received by

NOAA, and there has been a low level

of NOAA activity under the OTEC Act.

During this 15 year period of time, the

availability and relatively low price of

fossil fuels, coupled with the risks to

potential investors, has limited the

interest in the commercial development

of OTEC projects. Removal of Part 981

at this time will allow NOAA to

evaluate the appropriateness of these, or

any other, regulations at such time as

interest in the commercial development

of OTEC projects occurs.

EFFECTIVE DATE: June 10, 1996.

ADDRESSES: Karl Jugel, Chief, Ocean

Minerals and Energy Division, Office of

Ocean and Coastal Resource

Management, National Ocean Service,

National Oceanic and Atmospheric

Administration, 1305 East-West

Highway, 11th Floor, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

James Lawless, Deputy Director, Office

of Ocean and Coastal Resource

Management, at (301) 713–3155.

SUPPLEMENTARY INFORMATION:

I. Regulatory Review

The National Oceanic and

Atmospheric Administration (NOAA) is

removing Part 981 of 15 CFR, pursuant

to the Regulatory Reform Initiative of

President Clinton and the Ocean

Thermal Energy Conversion Act of 1980,

as amended.

In March 1995, President Clinton

issued a directive to federal agencies

regarding their responsibilities under

his Regulatory Reform Initiative. This

initiative is part of the National

Performance Review and calls for

immediate, comprehensive regulatory

reform. The President directed all

agencies to undertake, as part of this

initiative, an exhaustive review of all

their regulations—with an emphasis on

eliminating or modifying those that are

obsolete or otherwise in need of reform.

The Ocean Thermal Energy

Conversion Act of 1980, as amended,

(OTEC Act), 42 U.S.C. 9101 et seq., also

requires that NOAA periodically review

the regulations that apply to the

licensing of OTEC facilities and

plantships. The fundamental purpose of

the review is to determine if the

regulations themselves impose an

adverse impact on the development and

commercialization of OTEC technology.

On January 30, 1996, NOAA

published a notice in the Federal

Register in which it proposed removing

Part 981 and requested all interested

persons to comment on the proposal (61

FR 2969–2971). Comments were in

particular invited on whether the OTEC

regulations, or their removal at this

time, impose an adverse impact on the

development and commercialization of

OTEC technology. NOAA received no

comments on its proposed removal of

Part 981.

II. Ocean Thermal Energy Conversion

Licensing Program

The OTEC Act established a licensing

and permitting system for the

development of OTEC as a commercial

energy technology. Part 981 implements

the OTEC Licensing Program. The

proposed rule preceding this

rulemaking summarizes the

development of Part 981 (61 FR 2969–

2971). No applications under Part 981

for licenses of commercial OTEC

facilities or plantships have yet been