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Federal Register 1996-01-09: Vol 61 Iss 6 PDF

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Preview Federal Register 1996-01-09: Vol 61 Iss 6

1-9-96 Vol. 61 No. 6 Tuesday January 9, 1996 United States Government SECOND CLASS NEWSPAPER Printing Office Postage and Fees Paid SUPERINTENDENT U.S. Government Printing Oifice OF DOCUMENTS (ISSN 0097-6326) Washington. DC 20402 tiillilllillllillillllllliHlill OFFICIAL BUSINESS A FR UMI 346U DEC 95 R Penalty for private use, $300 UMI SERIALS ACQUISITIONS PO BOX 1346 ANN ARBOR MI 48106 Tuesday 1-9-96 January 9, 1996 Vol. 61 No. 6 Pages 613-690 Briefings on How To Use the Federal Register For information on briefings in Washington, DC announcement on the inside cover of this issue Federal Register / Vol. 61, No. 6 / Tuesday, January 9, 1996 SUBSCRIPTIONS AND COPIES PUBUC Subscripfions: Paper or fiche 202-512-1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512-1806 (not published on Saturdays, Sundays, or on official holidays), by General online information 202-512-1530 the Office of the Federal Reg^ter, National Archives and Records Administration, Washington, EK] 20408, under the Federal Register Single copiesfoack copies; Act (49 Stat. 500, as amended; 44 U.S.C Qi. 15) and the Paper or fiche 512-1800 regulations of the Administrative Ckmunittee of the Federal Register Assistance with public single copies 512-1803 (1 CFR Ch. I). Distribution is made only ^ the Superintendent of Dociunents, U.S. Government Printing Ofnce, Wasnington, DC FEDERAL AGENCIES 20402 Subscriptions: The Federal Register provides a uniform system for making Paper or fiche 523-5243 available to the public regulations and legal notices issued by Assistance with Federal agency subscriptions 523-5243 Federal agencies. These include Presidential proclamations and For other telephone niunhers, see the Reader Aids section Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published at the end of this issue. by act of Congress and other Federal agen^ documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless THE FEDERAL REGISTER earlier Tiling is requested by the issuing agency. The seal of the National Archives and Records Administration WHAT IT IS AND HOW TO USE IT authenticates this issue of the Federal Register as the official serial publication established under the Federal Reg^ister Act. 44 U.S.C. FOR: Any person who uses the Federal Register and Code of Federal 1507 provides that the contents of the Federal Register shall be Regulations. judicially noticed. WHO: Sponsored by the Office of the Federal Register. The Federal Register is published in paper, 24x microfiche and as WHAT: Free public briefings (approximately 3 hours) to present: an online database throi^ GPO Access, a service of the U.S. 1. The regulatory process, with a focus on the Federal Register Government Printing Office. The online database is updated by 6 system and the public’s role in the development of a.m. each day the Fraeral Register is published. The database regulations. includes botn text and graphics from volume 59, Number 1 Oanuaiy 2, 1994) forw^. 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For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected] gpo.gov; by foxing to (202) 512-1262; or by calling (202) 512-1530 between 7 a.m. and 5 p.m. Eastern time, WASHINGTON, DC Moncfoy-Friday, except for Federal holidays. [Two Sessions] The aimual subscription price for the Federal Raster paper WHEN: January 9, 1996 at 9:00 am and edition is $494, or $544 for a combined Federal Renter, Federal Remster Index and List of CFR Sections Affected (LSA) January 23, 1996 at 9:00 am sumcription; the microfiche edition of the Federid Renter WHERE: Office of the Federal Register Conference including^ the Federal Register Index and LSA is $433. Six month Room, 800 North Capitol Street, NW., subscriptions are available for one-half the annual rate. The charge Washington, DC (3 blocks north of Union for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue Station Metro) in microfiche form. All prices include regular domestic postage RESERVA'nONS: 202-523-4538 and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA or MasterCard. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 61 FR 12345. © Printed on recycled paper containing 100% post consumer waste 1 - IV Federal Register / Vol. 60, No. 6 / Tuesday, January 9, 1996 / Contents Land Management Bureau Western Area Power Administration NOTICES NOTICES Meetings: Power rate adjustments: Northern and Eastern Colorado Desert coordinated Pacific Northwest-Pacific Southwest Intertie Project, 655- management plan, 661 657 Navy Department Separate Parts In This Issue NOTICES Environmental statements; availability, etc.: Part II Marine Corps Camp Pendleton, CA— Department of Housing and Urban Development, 684-685 Flood protection facilities construction and Basilone Road Bridge replacement, 644 Part III Department of Transportation, Research and Special Nuclear Regulatory Commission Programs Administration, 688-690 PROPOSED RULES Rulemaking petitions: Heartland Operation to Protect Environment, 633-634 Reader Aids NOTICES Additional information, including a list of public laws, Abnormal occurrence reports: telephone numbers, and finding aids, appears in the Reader Quarterly reports to Congress, 661-669 Aids section at the end of this issue. Environmental statements: availability, etc.: Commonwealth Edison Co., 669-670 Organization, functions, and authority delegations: New Feature in the Reader Aids! Local public document room relocation and Beginning with the issue of December 4,1995, a new listing establishment— will appear each day in the Reader Aids section of the Wood River Junction Site, RI; closing, 670-671 Federal Register called “Reminders”. The Reminders will Petitions: Director’s decisions: have two sections: “Rules Going Into Effect Today” and Northeast Utilities, 671-672 “Comments Due Next Week”. Rules Going Into Effect Today will remind readers about Rules documents Public Health Service published in the past which go into effect “today”. See Food and Drug Administration Comments Due Next Week will remind readers about impending closing dates for comments on Proposed Rules documents published in past issues. Only those documents Research and Special Programs Administration published in the Rules and Proposed Rules sections of the PROPOSED RULES Federal Register will be eligible for inclusion in the Hazardous materials: Reminders. Hazardous liquid transportation— The Reminders feature is intended as a reader aid only. Open head fiber drum packaging; extension of Neither inclusion nor exclusion in the listing has any legal authority for shipping, 688-690 significance. The Office of the Federal Register has been compiling data for the Reminders since the issue of November 1, 1995. No Securities and Exchange Commission documents published prior to November 1,1995 will be NOTICES listed in Reminders. Self-regulatory organizations; proposed rule changes: Boston Sto^ Exchange, Inc., 672-676 Stock Clearing Corp. of Philadelphia, 676-678 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Transportation Department numbers. Federal Register finding aids, and a list of See Federal Aviation Administration documents on public inspection is available on 202-275- See Research and Special Programs Administration 1538 or 275-0920. Federal Register / Vol. 61, No. 6 / Tuesday, January 9, 1996 / Contents V CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this morrth can be found in the Reader Aids section at the end of this issue. 10 CFR Proposed Rules: 61.633 14 CFR 39 (6 documents).613, 617, 622, 623, 625,627 91.-.629 Proposed Rules: 39 (4 documents).634, 636, 637,640 21 CFR 173.631 24 CFR 25 .684 49 CFR ^ Proposed Rules: 171.688 613 Rules and Regulations Federal Register Vol. 61, No. 6 Tuesday, January 9, 1996 This section of the FEDERAL REGISTER ADDRESSES: Submit comments in closer inspection reveals a crack in the contains regulatory documents having general triplicate to the Federal Aviation blade skin, replacement of the blade applicability and legal effect, nfK>st of which Administration (FAA), Office of the with an airworthy blade is required. If are keyed to and codified in the Code of Assistant Chief Counsel, Attention: no crack is foimd in the blade skin, the Federal Regulations, which is published under Rules Docket No. 95-SW-33-AD, 2601 area fi-om which the paint was removed 50 titles pursuant to 44 U.S.C. 1510. Meacham Blvd., room 663, Fort Worth, is coated with a light-weight oil or an Texas 76137. equivalent corrosion preventive The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of FOR FURTHER INFORMATION CONTACT: Mr. compound, and then repetitive visual new books are listed in the first FEDERAL Charles Harrison, Aerospace Engineer, chec^ are required at intervals not to REGISTER issue of each week. Rotorcraft Certification Office, exceed 3 hours time-in-service (TIS). Rotorcraft Directorate, FAA, Fort Worth, The initial visual check that is required Texas 76193-0170, telephone (817) before further flight and the repetitive DEPARTMENT OF TRANSPORTATION 222-5447, fax (817) 222-5960. checks may be performed by a pilot, but Federal Aviation Administration SUPPLEMENTARY INFORMATION: On must be entered into the aircraft records November 3,1995, the FAA issued showing compliance with paragraph (a) 14CFRPart39 priority letter AD 95-23-02, applicable of this AD in accordance with sections to certain serial-numbered BOT Models 43.11 and 91.417(a)(2)(v) of the Federal [Docket No. 95-SW-33^D; Arndt 39-9484; 222, 222B, 222U, and 230 helicopters, to Aviation Regulations. This AD allows a AD 96-01-08] require an initial check of both surfaces pilot to perform this check because it of each blade for cracks; an inspection involves only a visual check for Ainworthiness Directives; Beil of the blade skin if a crack of a specified cracking in the painted surface of the Helicopter Textron, A Division of size or location is foimd in the paint; blade sldn, and can be performed Textron Canada Ltd. Model 222,222B, and replacement of the blade if a crack equally well by a pilot or a mechanic. 222U, and 230 Helicopters is found in the blade skin. That action Since a situation exists that requires AGENCY: Federal Aviation was prompted by two incidents in the immediate adoption of this Administration, DOT. which a crack developed in the stainless regulation, it is found that notice and ACTION: Final rule; request for steel blade skins on BHT Model 230 opportimity for public comment hereon comments. helicopters. In one of these incidents, are impracticable, and that good cause the blade failed during flight. exists for making this amendment SUMMARY: This amendment supersedes Subsequent investigation revealed effective in less than 30 days. an existing priority letter airworthiness fatigue cracks originating from sanding Comments Invited directive (AJD) 95-23-02, applicable to marks on the blade skin. The cracks certain serial-numbered Bell Helicopter were located just outboard of the Although this action is in the form of Textron, A Division of Textron Canada stainless steel blade doubler. That a final rule that involves requirements Ltd. (BHT) Model 222, 222B, 222U, and condition, if not corrected, could result affecting flight safety and, thus, was not 230 helicopters, that currently requires in failure of a blade due to a fatigue preceded by notice and an opportunity an initial check of both srirfaces of each crack, loss of the tail rotor and tail rotor for public comment, comments are tail rotor blade (blade) for cracks; an gear box, and subsequent loss of control invited on this rule. Interested'persons inspection of the blade skin if a crack of the helicopter. are invited to comment on this rule by of a specified size or location is found Since the issuance of that AD, the submitting such written data, views, or in the paint; and replacement of the FAA has discovered that an error was arguments as they may desire. blade if a crack is found in the blade made in the applicability paragraph of Communications should identify the skin. This AD requires the same actions the priority letter AD, which incorrectly Rules Docket number and be submitted as required by the priority letter AD, but stated the S/N of one of the affected in triplicate to the address specified corrects some affected serial numbers models. The Model 230 helicopters under the caption ADDRESSES. All (S/N) that were incorrectly stated in that affected by the AD include S/N 23001 communications received on or before AD. This amendment is prompted by through 23038. The priority letter AD the closing date for comments will be two incidents in which a crack incorrectly stated S/N 23001 through considered, and this rule may be developed in the stainless steel blade 23034. amended in light of the comments skins on BHT Model 230 helicopters, Since the unsafe condition described received. Factual information that which are similar in design to the is likely to exist or develop on other supports the commenter’s ideas and Models 222, 222B and 222U helicopters. BHT Models 222, 222B, 222U, and 230 suggestions is extremely helpful in The actions specified by this AD are helicopters of the same type design, this evaluating the effectiveness of the AD intended to prevent failure of a blade AD supersedes priority letter AD 95-23- action and determining whether due to a fatigue crack, loss of the tail 02 to require, before further flight, an additional rulemaking action would be rotor and tail rotor gear box, and initial visual check of both painted needed. subsequent loss of control of the surfaces of each blade for cracks. If a Comments are specifically invited on helicopter. crack of a specified size and location is the overall regulatory, economic, DATES: Effective January 24,1996. foimd in the paint, removal of the paint environment^, and energy aspects of ' Comments for inclusion in the Rules and a visual inspection using a 10- the rule that might suggest a need to Docket must be received on or before power or higher magnifying glass is modify the rule. All comments March 11,1996. required before further fiight. If this submitted will be available, both before 614 Federal Register / Vol. 61, No. 6 / Tuesday, January 9, 1996 / Rules and Regulations and after the closing date for comments, PART 39—AIRWORTHINESS (b) The visual check required by paragraph in the Rules Docket for examination by DIRECTIVES (a) may be performed by an owner/operator interested persons. A report that (pilot) holding at least a private pilot 1. The authority citation for part 39 certificate, and must be entered into the summarizes each FAA-public contact continues to read as follows: aircraft records showing compliance with concerned with the substance of this AD paragraph (a) of this AD in accordance with will be filed in the Rules Docket. Authority: 49 U.S.C. 106(g), 40113, 44701. sections 43.11 and 91.417(a)(2)(v) of the Commenters wishing the FAA to §39.13 [Amended] Federal Aviation Regulations. acknowledge receipt of their comments 2. Section 39.13 is amended by (c) If the visual check described in submitted in response to this rule must adding the following new airworthiness paragraph (a) reveals any crack outboard of the doubler tip (Station 14.250), or any submit a self-addressed, stamped directive (AD), Amendment 39-9484, to chordwise crack inboard of the doubler tip postcard on which the following read as follows: that is longer than 1 inch (see Figure 3), statement is made; “Comments to AD 96-01-08 Bell Helicopter Textron, a accomplish the following; Docket No. 95-SW-33-AD.” The Division of Textron Canada Ltd.: (1) Remove the paint from the skin in the postcard will be date stamped and Amendment 39-9484. Docket No. 95- cracked area using the following procedures retiuned to the commenter. SW-33-AD. Supersedes Priority Letter (see Figure 4): AD 95-23-02, issued November 3,1995, Note 2: Paint cracking that follows the The regulations adopted herein will Docket No. 95-SW-31-AD. contour of the doubler is common and is of not have substantial direct effects on the Applicability: Model 222 helicopters, serial no concern. States, on the relationship between the numbers (S/N) 47006 through 47089, and (2) Using a 180 or 220 grit abrasion paper, National govermnent and the States, or Model 222B helicopters, S/N 47131 through sand by hand with spanwise strokes until on the distribution of power and 47156, with tail rotor blades, part numbers greenish- or yellow-colored primer or bare responsibilities among the various (P/N) 222-016-001-101, -107, -111, and metal begins to be exposed. -113; Model 222U helicopters, S/N 47501 levels of government. Therefore, in (3) Using spanwise or circular sanding through 47574, with tail rotor blades, P/N accordance with Executive Order 12612, 222-016-001-107 and -111; and Model 230 motions, continue hand-sanding the it is determined that this final rule does helicopters, S/N 23001 through 23038, with remaining greenish- or yellow-colored primer not have sufficient federalism tail rotor blades, P/N 222-016-001-111, in the cracked area using a 320 or 400 grit implications to warrant the preparation installed, certificated in any category. paper until sufficient metal has been exposed to allow inspection (see area indicated in of a Federalism Assessment. Note 1: This AD applies to each helicopter identified in the preceding applicability Figure 4). The FAA has determined that this provision, regardless of whether it has been (d) Inspect the blade skin for cracks in the regulation is an emergency regulation modified, altered, or repaired in the area area that was exposed in accordance with that must be issued immediately to subject to the requirements of this AD. For paragraph (c) using a 10-power or higher correct an unsafe condition in aircraft, helicopters that have been modified, altered, magnifying glass. or repaired so that the performance of the (1) If no crack is found in the blade skin, and that it is not a “significant requirements of this AD is affected, the coat the bare metal area with a lightweight regulatory action” imder Executive owner/operator must use the authority oil or an equivalent corrosion preventive Order 12866. It has been determined provided in paragraph (g) to request approval compound. further that this action involves an from the FAA. This approval may address (2) If any crack is discovered, remove the emergency regulation imder DOT either no action, if the current configuration blade and replace it with an airworthy blade. Regulatory Policies and Procedures (44 eliminates the unsafe condition, or different (e) Perform the requirements of this AD FR 11034, February 26,1979). If it is actions necessary to address the unsafe upon installation of a replacement blade. condition described in this AD. Such a (f) Perform the visual checks of paragraph determined that this emergency request should include an assessment of the (a) of this AD and the subsequent regulation otherwise would be effect of the changed configuration on the inspections, if appropriate, at intervals not to significant under E)OT Regulatory unsafe condition addressed by this AD. In no exceed 3 hours TIS. Policies and Procedures, a final case does the presence of any modification, alteration, or repair remove any helicopter Note 3: A lightweight oil or equivalent regulatory evaluation will be prepared from the applicability of this AD. corrosion preventive compound may be and placed in the Rules Docket. A copy applied after accomplishing the repetitive Compliance: Required before further flight, of it, if filed, may be obtained firom the requirements of paragraph (f) of this AD. unless accomplished previously. To prevent Rules Docket at the location provided frilure of a tail rotor blade (blade) due to a (g) An alternative method of compliance or under the caption ADDRESSES. fatigue crack (see Figure 1), loss of the tail - adjustment of the compliance time that rotor and tail rotor gear box, and subsequent provides an acceptable level of safety may be List of Subjects in 14 CFR Part 39 loss of control of the helicopter, accomplish used when approved by the Manager, the following: Rotorcraft Certification Office, Rotorcraft Air transportation. Aircraft, Aviation (a) Clean the painted surfaces of the blades Directorate, FAA. Operators shall submit safety. Safety. in an area approximately 6 inches spanwise their requests throu^ an FAA Principal on either side of the doubler tip. Visually Maintenance Inspector, who may concur or Adoption of the Amendment check both surfaces of each blade for cracks comment and then send it to the Manager, by pushing the blade tip away from the Rotorcraft Certification Office. Accordingly, pursuant to the surface being checked until it contacts the authority delegated to me by the flapping stop and then holding the blade Note 4: Information concerning the existence of approved alternative methods of Administrator, the Federal Aviation firmly against the stop. Pay particular compliance with this AD, if any, may be Administration amends part 39 of the attention to the area reaching from the obtained from the Rotorcraft Certification Federal Aviation Regulations (14 CFR doubler tip to 1 inch outboard, centering on Office. an area 2 inches aft of the blade leading edge part 39) as follows: (see Figure 2). BILUNQ CODE 4910-13-U

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