15756 Federal Register / Vol. 63, No. 62 / Wednesday, April 1, 1998 / Rules and Regulations calendar days, whichever occurs first, unless DEPARTMENT OF TRANSPORTATION Federal Register, 800 North Capitol accomplished previously. Street, NW., suite 700, Washington, DC. To prevent failure of the stabilizer bar Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Mr. damper link assembly, which can result in Shep Blackman, Aerospace Engineer, 14 CFR Part 39 degraded control response and subsequent FAA, Rotorcraft Directorate, ASW–111, loss of control of the helicopter, accomplish [Docket No. 97±SW±28±AD; Amendment 2601 Meacham Blvd., Fort Worth, the following: 39±10431; AD 98±07±11] Texas, 76137, telephone (817) 222– (a) Remove the stabilizer bar damper link 5296, fax (817) 222–5961. assemblies from the helicopter, install a RIN 2120±AA64 SUPPLEMENTARY INFORMATION: safety washer kit, part number (P/N) CA– The Civil Airworthiness Directives; GKN 047–96–022–1, and reinstall the stabilizer bar Aviation Administration (CAA), which Westland Helicopters Limited WG±30 damper link assemblies onto the helicopter is the airworthiness authority for the in accordance with the Accomplishment Series 100 and 100±60 Helicopters United Kingdom (UK), recently notified the FAA that an unsafe condition may Instructions contained in Bell Helicopter AGENCY: Federal Aviation exist on Westland WG–30 series 100 Textron, Inc. Alert Service Bulletin No. 47– Administration, DOT. 96–22, dated August 16, 1996. and 100–60 helicopters. The CAA ACTION: Final rule; request for (b) An alternative method of compliance or advises that when water gets into the comments. adjustment of the compliance time that blade sleeve it can cause bulging or swelling of a tie-bar that could result in provides an acceptable level of safety may be SUMMARY: This amendment adopts a failure of a tie-bar, loss of a main rotor used if approved by the Manager, Rotorcraft new airworthiness directive blade, and subsequent loss of control of Certification Office, Rotorcraft Directorate, (AD) that is applicable to GKN the helicopter. FAA. Operators shall submit their requests Westland Helicopters Limited Westland has issued Westland through an FAA Principal Maintenance (Westland) WG–30 series 100 and 100– Helicopters Service Bulletin (SB) No. Inspector, who may concur or comment and 60 helicopters. This action requires an W30–62–34 and W30–62–35, both dated then send it to the Manager, Rotorcraft initial visual inspection and November 29, 1995, which specify Certification Office. replacement, if necessary, of all main procedures for conditional, Note 2: Information concerning the rotor head tie-bars. Thereafter, this AD dimensional, and radiographic existence of approved alternative methods of requires, at intervals not to exceed 220 inspections and replacement, if compliance with this AD, if any, may be hours time-in-service (TIS), replacing necessary, of the tie-bars. The actions obtained from the Rotorcraft Certification each main rotor head tie-bar (tie-bar) specified in these service bulletins are Office. with an airworthy tie-bar. This intended to prevent loss of a main rotor (c) Special flight permits may be issued in amendment is prompted by an accident blade due to bulging or swelling of a tie- accordance with §§ 21.197 and 21.199 of the on a similar model military helicopter bar, tie-bar failure, and subsequent loss Federal Aviation Regulations (14 CFR 21.197 in which a tie-bar failed; it is suspected of control of the helicopter. The CAA and 21.199) to operate the helicopter to a that the military helicopter involved in classified these service bulletins as location where the requirements of this AD the accident exceeded the power-off mandatory and issued CAA ADs 010– can be accomplished. transient rotor speed limitation. This 11–95 and 011–11-95, both dated (d) The installation shall be done in condition, if not corrected, could result January 31, 1996, in order to assure the accordance with Bell Helicopter Textron, Inc. in failure of a tie-bar, loss of a main continued airworthiness of these Alert Service Bulletin No. 47–96–22, dated rotor blade, and subsequent loss of helicopters in the UK. August 16, 1996. This incorporation by control of the helicopter. reference was approved by the Director of the These helicopter models are DATES: Effective April 16, 1998. Federal Register in accordance with 5 U.S.C. manufactured in the UK and are type The incorporation by reference of 552(a) and 1 CFR part 51. Copies may be certificated for operation in the United obtained from Bell Helicopter Textron, Inc., certain publications listed in the States under the provisions of § 21.29 of P.O. Box 482, Fort Worth, Texas 76101. regulations is approved by the Director the Federal Aviation Regulations (14 Copies may be inspected at the FAA, Office of the Federal Register as of April 16, CFR 21.29) and the applicable bilateral of the Regional Counsel, Southwest Region, 1998. airworthiness agreement. Pursuant to 2601 Meacham Blvd., Room 663, Fort Worth, Comments for inclusion in the Rules this bilateral airworthiness agreement, Texas; or at the Office of the Federal Register, Docket must be received on or before the CAA has kept the FAA informed of 800 North Capitol Street, NW., suite 700, June 1, 1998. the situation described above. The FAA Washington, DC. ADDRESSES: Submit comments in has examined the findings of the CAA, (e) This amendment becomes effective on triplicate to the Federal Aviation reviewed all available information, and May 6, 1998. Administration (FAA), Office of the determined that AD action is necessary Issued in Fort Worth, Texas, on March 24, Regional Counsel, Southwest Region, for products of this type design that are 1998. Attention: Rules Docket No. 97-SW–28- certificated for operation in the United Eric Bries, AD, 2601 Meacham Blvd., Room 663, States. Fort Worth, Texas 76137. Since an unsafe condition has been Acting Manager, Rotorcraft Directorate, The service information referenced in identified that is likely to exist or Aircraft Certification Service. this AD may be obtained from GKN develop on other Westland WG–30 [FR Doc. 98–8466 Filed 3–31–98; 8:45 am] Westland Helicopters Limited, series 100 and 100–60 helicopters of the BILLING CODE 4910±13±U Customer Support Division, Yeovil, same type design eligible for registration Somerset BA20 2YB, England, in the United States, this AD is being telephone (01935) 703884, fax (01935) issued to prevent loss of a main rotor 703905. This information may be blade due to failure of a tie-bar which examined at the FAA, Office of the could result in subsequent loss of Regional Counsel, Southwest Region, control of the helicopter. This AD 2601 Meacham Blvd., Room 663, Fort requires an initial visual inspection and Worth, Texas; or at the Office of the replacement, if necessary, of the tie-bars

VerDate 31-MAR-98 12:36 Apr 01, 1998 Jkt 179005 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\P01AP0.PT1 r01pt1 Federal Register / Vol. 63, No. 62 / Wednesday, April 1, 1998 / Rules and Regulations 15757 and thereafter, at intervals not to exceed environmental, and energy aspects of PART 39ÐAIRWORTHINESS 220 hours TIS, replacement of each tie- the rule that might suggest a need to DIRECTIVES bar with an airworthy tie-bar. The modify the rule. All comments actions are required to be accomplished submitted will be available, both before 1. The authority citation for part 39 in accordance with the service bulletins and after the closing date for comments, continues to read as follows: described previously. in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40113, 44701. None of the Westland series 100 and interested persons. A report that § 39.13 [Amended] 100–60 helicopters affected by this summarizes each FAA-public contact action are on the U.S. Register. All concerned with the substance of this AD 2. Section 39.13 is amended by helicopters included in the applicability will be filed in the Rules Docket. adding a new airworthiness directive to read as follows: of this rule currently are operated by Commenters wishing the FAA to non-U.S. operators under foreign AD 98–07–11 GKN Westland Helicopters acknowledge receipt of their comments registry; therefore, they are not directly Limited: Amendment 39–10431. Docket submitted in response to this rule must affected by this AD action. However, the No. 97–SW–28–AD. submit a self-addressed, stamped FAA considers that this rule is Applicability: Westland 30 Series 100 and postcard on which the following necessary to ensure that the unsafe 100–60 helicopters with main rotor head and statement is made: ‘‘Comments to condition is addressed in the event that spider assemblies, part number (P/N) Docket No. 97–SW–28–AD.’’ The WG1369–0062-all dash numbers, and main any of these subject helicopters are postcard will be date stamped and rotor head assemblies, P/N WG3069–0011, imported and placed in the U.S. Register returned to the commenter. installed, certificated in any category. in the future. Note 1: This AD applies to each helicopter Should an affected helicopter be The regulations adopted herein will identified in the preceding applicability imported and placed on the U.S. not have substantial direct effects on the provision, regardless of whether it has been Register in the future, it would require States, on the relationship between the modified, altered, or repaired in the area approximately 25 work hours for the national government and the States, or subject to the requirements of this AD. For visual inspection and 25 work hours, if on the distribution of power and helicopters that have been modified, altered, necessary, for the replacement of the tie- responsibilities among the various or repaired so that the performance of the bars, at an average labor rate of $60 per levels of government. Therefore, in requirements of this AD is affected, the owner/operator must use the authority work hour. Required parts would cost accordance with Executive Order 12612, provided in paragraph (c) to request approval $17,600 per helicopter. Based on these it is determined that this final rule does from the FAA. This approval may address figures, the cost impact of this AD not have sufficient federalism either no action, if the current configuration would be $20,600 per helicopter, implications to warrant the preparation eliminates the unsafe condition, or different assuming that the tie-bars are replaced. of a Federalism Assessment. actions necessary to address the unsafe Since this AD action does not affect condition described in this AD. Such a The FAA has determined that notice request should include an assessment of the any helicopter that is currently on the and prior public comment are U.S. Register, it has no adverse effect of the changed configuration on the unnecessary in promulgating this unsafe condition addressed by this AD. In no economic and imposes no additional regulation and therefore, it can be case does the presence of any modification, burden on any person. Therefore, notice issued immediately to correct an unsafe alteration, or repair remove any helicopter and public procedures hereon are condition in aircraft since none of these from the applicability of this AD. unnecessary and the amendment may be model helicopters are registered in the Compliance: Required as indicated, unless made effective in less than 30 days after United States, and that it is not a accomplished previously. publication in the Federal Register. ‘‘significant regulatory action’’ under To prevent failure of a main rotor tie-bar (tie-bar), loss of a main rotor blade, and Comments Invited Executive Order 12866. It has been subsequent loss of control of the helicopter, Although this action is in the form of determined further that this action accomplish the following: a final rule that involves requirements involves an emergency regulation under (a) Before further flight, visually inspect all affecting flight safety and, thus, was not DOT Regulatory Policies and Procedures tie-bars for bulging or swelling in accordance with Steps 2(B)(1) through 2(B)(4) of the preceded by notice and an opportunity (44 FR 11034, February 26, 1979). If it is determined that this emergency Accomplishment Instructions of Westland for public comment, comments are Helicopters Limited (Westland) Service invited on this rule. Interested persons regulation otherwise would be significant under DOT Regulatory Bulletin (SB) No. W30–62–34, dated are invited to comment on this rule by November 29, 1995. Replace any unairworthy submitting such written data, views, or Policies and Procedures, a final tie bar(s) with airworthy tie bar(s). arguments as they may desire. regulatory evaluation will be prepared (b) At intervals not to exceed 220 hours Communications should identify the and placed in the Rules Docket. A copy time-in-service (TIS), replace each tie-bar Rules Docket number and be submitted of it, if filed, may be obtained from the with a zero-time airworthy tie-bar or an airworthy tie-bar which has been inspected in triplicate to the address specified Rules Docket at the location provided under the caption ADDRESSES. in accordance with Westland SB No. W30– under the caption ADDRESSES. All 62–35, dated November 29, 1995, Annexe A communications received on or before List of Subjects in 14 CFR Part 39 through Annexe C. the closing date for comments will be (c) An alternative method of compliance or considered, and this rule may be Air transportation, Aircraft, Aviation adjustment of the compliance time that amended in light of the comments safety, Incorporation by reference, provides an acceptable level of safety may be received. Factual information that Safety. used if approved by the Manager, Rotorcraft supports the commenter’s ideas and Standards Staff, Rotorcraft Directorate. Adoption of the Amendment Operators shall submit their requests through suggestions is extremely helpful in an FAA Principal Maintenance Inspector, evaluating the effectiveness of the AD Accordingly, pursuant to the who may concur or comment and then send action and determining whether authority delegated to me by the it to the Manager, Rotorcraft Standards Staff. additional rulemaking action would be Administrator, the Federal Aviation Note 2: Information concerning the needed. Administration amends part 39 of the existence of approved alternative methods of Comments are specifically invited on Federal Aviation Regulations (14 CFR compliance with this AD, if any, may be the overall regulatory, economic, part 39) as follows: obtained from the Rotorcraft Standards Staff.

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(d) Special flight permits may be issued in Berger, 202–326–2471, Attorneys, Office collection aspects of the rule have been accordance with § § sections 21.197 and of the General Counsel, FTC, Sixth cleared by the Office of Management 21.199 of the Federal Aviation Regulations Street & Pennsylvania Avenue, N.W., and Budget and assigned OMB (14 CFR 21.197 and 21.199) to operate the Washington, D.C. 20580. clearance no. 3084–0047. helicopter to a location where the requirements of this AD can be SUPPLEMENTARY INFORMATION: The List of Subjects in 16 CFR Part 4 accomplished. Commission is revising paragraph (b) of (e) The inspections shall be done in Commission Rule 4.1, 16 CFR 4.1, to Administrative practice and accordance with Westland SB No. W30–62– shorten the time for determining a procedure. 34 and SB No. W30–62–35, both dated former employee’s request for clearance For the reasons set forth in the November 29, 1995. This incorporation by to participate in a Commission matter preamble, the Federal Trade reference was approved by the Director of the from 15 to 10 business days, and to Commission amends Title 16, chapter I, Federal Register in accordance with 5 U.S.C. subchapter A, of the Code of Federal 552(a) and 1 CFR part 51. Copies may be provide that either the General Counsel obtained from GKN Westland Helicopters or the General Counsel’s designee has Regulations as follows: the authority to make this Limited, Customer Support Division, Yeovil, PART 4ÐMISCELLANEOUS RULES Somerset BA20 2YB, England, telephone determination. Shortening the waiting (01935) 703884, fax (01935) 703905. Copies period from the present 15 business 1. The authority citation for part 4 may be inspected at the FAA, Office of the days to 10 business days is designed to continues to read as follows: Regional Counsel, Southwest Region, 2601 benefit filers and their clients, as well as Meacham Blvd., Room 663, Fort Worth, the Commission’s ability to resolve Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Texas; or at the Office of the Federal Register, administrative actions and 800 North Capitol Street, NW., suite 700, 2. Section 4.1 is amended by revising Washington, DC. investigations promptly. (f) This amendment becomes effective on In addition, the Commission is further paragraphs (b) and (c) to read as follows: revising Rule 4.1(b) to simplify its terms April 16, 1998. § 4.1 Appearances. and requirements, to eliminate certain Note 3: The subject of this AD is addressed * * * * * in Civil Aviation Administration (United inconsistencies, and to correct one error. Kingdom) AD 010–11–95 and AD 011–11–95, Finally, the Commission is modifying (b) Restrictions as to former members both dated January 31, 1996. the exceptions to the rule in order to and employees—(1) General make them consistent with the Prohibition. Except as provided in this Issued in Fort Worth, Texas, on March 24, section, or otherwise specifically 1998. provisions of 18 U.S.C. 207. The Commission also is amending paragraph authorized by the Commission, no Eric Bries, former member or employee (‘‘former Acting Manager, Rotorcraft Directorate, (c) of the Rule slightly, to make it consistent with revised paragraph (b). employee’’ or ‘‘employee’’) of the Aircraft Certification Service. Commission may communicate to or [FR Doc. 98–8468 Filed 3–31–98; 8:45 am] Apart from these revisions, the changes will affect internal procedures appear before the Commission, as BILLING CODE 4910±13±U only, and are not intended to influence attorney or counsel, or otherwise assist the outcomes of filings made under the or advise behind-the-scenes, regarding a Rules. Simplified internal processing formal or informal proceeding or FEDERAL TRADE COMMISSION 1 procedures are designed to reduce the investigation (except that a former employee who is disqualified solely 16 CFR Part 4 time and resources expended in disposing of the large number of under paragraph (b)(1)(iv) of this Appearances Before the Commission; clearance requests that are not section, is not prohibited from assisting Restrictions and Public Disclosure problematic, while continuing to ensure or advising behind-the-scenes) if: Requirements. the integrity of Commission (i) The former employee participated investigations and proceedings. personally and substantially on behalf AGENCY: Federal Trade Commission The rule amendments relate solely to of the Commission in the same (FTC). agency practice, and, thus, are not proceeding or investigation in which the ACTION: Final rule. subject to the notice and comment employee now intends to participate; requirements of the Administrative SUMMARY: The Commission is amending Procedure Act, 5 U.S.C. 553(a)(2), or to 1 It is important to note that a new ‘‘proceeding its rules to make more efficacious the the requirements of the Regulatory or investigation’’ may be considered the same procedures by which the General matter as a seemingly separate ‘‘proceeding or Flexibility Act, 5 U.S.C. 601(2). investigation’’ that was pending during the former Counsel reaches determinations on The submissions required by the employee’s tenure. This is because a ‘‘proceeding or requests by former employees for amended rule do not generally involve investigation’’ may continue in another form or in clearance to participate in Commission the ‘‘collection of information’’ as that part. In determining whether two matters are matters. The revised procedures are actually the same, the Commission will consider: term is defined by the Paperwork the extent to which the matters involve the same intended to provide for effective review Reduction Act (‘‘PRA’’), 44 U.S.C. 3501– or related facts, issues, confidential information and of the propriety of a former employee’s 3520. Submission of a request for parties; the time elapsed; and the continuing participation in a particular matter clearance to participate or a screening existence of an important Federal interest. See 5 while reducing the paperwork and CFR 2637.201(c)(4). For example, where a former affidavit is ordinarily required only employee intends to participate in an investigation resources needed to dispose of clearance during the conduct of an administrative of compliance with a Commission order, requests. These amendments also clarify action or investigation involving a submission of a request to reopen an order, or a the rule’s terms and procedures, specific individual or entity. Such proceeding with respect to reopening an order, the eliminate certain inconsistencies, and matter will be considered the same as the submissions are exempt from the adjudicative proceeding or investigation that correct one provision. coverage of the PRA. 5 CFR 1320.4(a)(2). resulted in the order. A former employee who is EFFECTIVE DATE: These amendments are To the limited extent that the rule could uncertain whether the matter in which he seeks effective April 1, 1998. clearance to participate is wholly separate from any require a submission outside the context matter that was pending during his tenure should FOR FURTHER INFORMATION CONTACT: Ira of an investigation or action involving a seek advice from the General Counsel or the S. Kaye, 202–326–2426, or Laura D. specific party, the information General Counsel’s designee before participating.

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