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68022 Federal Register / Vol. 67, No.

217 / Friday, November 8, 2002 / Rules and Regulations

notice of intent to submit adverse List of Subjects DEPARTMENT OF TRANSPORTATION


comments that are postmarked,
delivered, or e-mailed within 30 days of 9 CFR Part 93 Federal Aviation Administration
publication of this direct final rule, this Animal diseases, Imports, Livestock,
direct final rule will become effective 60 Poultry and poultry products, 14 CFR Part 39
days following its publication. We will Quarantine, Reporting and [Docket No. 99–NE–33–AD; Amendment 39–
publish a document in the Federal recordkeeping requirements. 12937; AD 2002–22–11]
Register before the effective date of this
direct final rule, confirming that it is 9 CFR Part 98 RIN 2120–AA64
effective on the date indicated in this
Animal diseases and Imports. Airworthiness Directives; Turbomeca
document.
Artouste III Series Turboshaft Engines
Executive Order 12866 and Regulatory Accordingly, we are amending 9 CFR
parts 93 and 98 as follows: AGENCY: Federal Aviation
Flexibility Act
Administration, DOT.
This rule has been reviewed under PART 93—IMPORTATION OF CERTAIN ACTION: Final rule.
Executive Order 12866. For this action, ANIMALS, BIRDS, AND POULTRY,
the Office of Management and Budget AND CERTAIN ANIMAL, BIRD, AND SUMMARY: This amendment supersedes
has waived its review under Executive POULTRY PRODUCTS; an existing airworthiness directive (AD),
Order 12866. REQUIREMENTS FOR MEANS OF that is applicable to Turbomeca
This rule will remove Blaine, WA, as CONVEYANCE AND SHIPPING Artouste III series turboshaft engines
a port of entry for the importation of CONTAINERS with injection wheels part numbers (P/
ratites into the United States. It will also N’s) 218.25.700.0, 218.25.704.0,
remove Blaine and Lynden, WA, as 1. The authority citation for part 93 is 243.25.709.0, 243.25.713.0,
ports of entry for the importation of revised to read as follows: 0.218.27.705.0, 0.218.27.709.0, and
poultry, horses, ruminants, swine, and 0.218.27.713.0 installed. That AD
Authority: 7 U.S.C. 1622, 8303, 8306–8308,
animal germ plasm. We are taking these currently requires smoke emission
8310, 8313, and 8315; 21 U.S.C. 136 and
actions because neither port has been 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and checks after every ground engine
used for the importation of animals or 371.4. shutdown. If smoke is detected, that AD
animal germ plasm in over 4 years. requires inspecting for fuel flow. If fuel
These actions would update the § 93.107 [Amended] flow is not detected, the engine may
regulations so that they accurately have injection wheel cracks, which
reflect the ports used for the importation 2. In § 93.107, paragraph (b)(2) is requires removing the engine from
of certain animals and germ plasm into amended by removing the words service for repair. If fuel flow is
the United States. ‘‘Blaine, WA;’’. detected, the engine may have a
Since the ports of Blaine and Lynden, malfunctioning electric fuel cock, which
§§ 93.203, 93.303, 93.403, 93.503, and 93.703
WA, have not been used to inspect [Amended] requires removing the electric fuel cock
animals and animal germ plasm from service and replacing with a
imported into the United States in 3. Sections 93.203(b), 93.303(b)(1), serviceable part. This amendment has
approximately 4 years, this action will 93.403(b), 93.503(b), and 93.703(a)(2) similar requirements as the original AD,
have no economic effect on any entity. are amended by removing the words except that the smoke emissions are to
Small entities located at or around the ‘‘Blaine, Lynden,’’ and by removing the be checked after the last flight of the
ports of Blaine and Lynden, WA, will comma immediately after the word day, as opposed to after every flight, as
not be affected by this proposed rule for ‘‘Oroville’’. required by the original AD. This
the same reason that no economic entity amendment also requires inspection of
of any size will be affected. PART 98—IMPORTATION OF CERTAIN central labyrinths not previously
Under these circumstances, the ANIMAL EMBRYOS AND ANIMAL inspected or not replaced after the
Administrator of the Animal and Plant SEMEN engine logged 1,500 operating hours,
Health Inspection Service has and, replacement of these labyrinths if
determined that this action will not 4. The authority citation for part 98 is necessary. This amendment is prompted
have a significant economic impact on revised to read as follows: by reports and analyses of in-flight
a substantial number of small entities. shutdowns (IFSD’s) occurring since the
Authority: 7 U.S.C. 1622, 8303, 8306, 8307,
Executive Order 12988 8313, and 8315; 21 U.S.C. 136 and 136a; 31 issuance of AD 2000–06–12. The actions
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. specified by this AD are intended to
This rule has been reviewed under
prevent injection wheel cracks and
Executive Order 12988, Civil Justice § 98.33 [Amended] excessive central labyrinth wear, which
Reform. This rule: (1) Preempts all State
could result in an IFSD.
and local laws and regulations that are 5. In § 98.33, paragraph (b) is
inconsistent with this rule; (2) has no amended by removing the words DATES: Effective December 13, 2002. The
retroactive effect; and (3) does not ‘‘Blaine, Lynden,’’ and by removing the incorporation by reference of certain
require administrative proceedings comma immediately after the word publications listed in the regulations is
before parties may file suit in court ‘‘Oroville’’. approved by the Director of the Federal
challenging this rule. Register as of December 13, 2002.
Done in Washington, DC, this 5th day of
ADDRESSES: The service information
Paperwork Reduction Act November 2002.
referenced in this AD may be obtained
This rule contains no information Peter Fernandez, from Turbomeca, 40220 Tarnos, France;
collection or recordkeeping Acting Administrator, Animal and Plant telephone +33 05 59 64 40 00, fax +33
requirements under the Paperwork Health Inspection Service. 05 59 64 60 80. This information may
Reduction Act of 1995 (44 U.S.C. 3501 [FR Doc. 02–28476 Filed 11–7–02; 8:45 am] be examined, by appointment, at the
et seq.). BILLING CODE 3410–34–P Federal Aviation Administration (FAA),

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Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Rules and Regulations 68023

New England Region, Office of the Injection Wheels Not Life-Limited been prepared for this action and it is
Regional Counsel, 12 New England One commenter, the manufacturer, contained in the Rules Docket. A copy
Executive Park, Burlington, MA; or at states that injection wheels on of it may be obtained by contacting the
the Office of the Federal Register, 800 Turbomeca Artouste III series turboshaft Rules Docket at the location provided
North Capitol Street, NW, suite 700, engines are not life-limited. The under the caption ADDRESSES.
Washington, DC. commenter requests that the FAA List of Subjects in 14 CFR Part 39
FOR FURTHER INFORMATION CONTACT: remove paragraph (c) and (d) of the
Antonio Cancelliere, Aerospace proposal. Paragraph (c) states that Air transportation, Aircraft, Aviation
Engineer, Engine Certification Office, injection wheels are now life-limited to safety, Incorporation by reference,
FAA, Engine and Propeller Directorate, no more than 3,000 flight hours time- Safety.
12 New England Executive Park, since-new (TSN) or time-since-overhaul Adoption of the Amendment
Burlington, MA 01803–5299; telephone (TSO), or 6,000 cycles-since-new (CSN)
(781) 238–7751; fax (781) 238–7199. or cycles-since overhaul (CSO), Accordingly, pursuant to the
whichever occurs first. Paragraph (d) authority delegated to me by the
SUPPLEMENTARY INFORMATION: A requires replacement of all injection
proposal to amend part 39 of the Federal Administrator, the Federal Aviation
wheels that are over the life limits, Administration amends part 39 of the
Aviation Regulations (14 CFR part 39) before further flight, and to replace all
by superseding AD 2000–06–12, Federal Aviation Regulations (14 CFR
other injection wheels before reaching part 39) as follows:
Amendment 39–11653 (65 FR 19300, the new life limits.
April 11, 2000), which is applicable to The FAA agrees. The FAA PART 39—AIRWORTHINESS
Turbomeca Artouste III B, B1, and D misunderstood the intent of the DIRECTIVES
series turboshaft engines with injection Direction Generale de L’Aviation Civile
wheels part numbers (P/N’s) (DGAC), which is the airworthiness 1. The authority citation for part 39
218.25.700.0, 218.25.704.0, authority for France, regarding their continues to read as follows:
243.25.709.0, 243.25.713.0, reference in AD 2001–235(A) to the use
0.218.27.705.0, 0.218.27.709.0, and Authority: 49 U.S.C. 106(g), 40113, 44701.
of injection wheel limits. The 3,000
0.218.27.713.0 installed, was published flight hours TSN or TSO, and 6,000 CSN § 39.13 [Amended]
in the Federal Register on May 10, or CSO limits are in the manufacturer’s
2002, 67 FR 31737). That action 2. Section 39.13 is amended by
manual and are not mandated by the
proposed to require in accordance with removing Amendment 39–11653 (65 FR
DGAC. Therefore, the FAA has removed
Turbomeca Artouste III alert service 19300, April 11, 2000) and by adding a
the paragraphs for life limits from the
bulletin (ASB) No. A218 72 0099, new airworthiness directive,
final rule.
Update 1, dated June 6, 2001, smoke After careful review of the available Amendment 39–12937, to read as
emission checks after every ground data, including the comments noted follows:
engine shutdown. If smoke is detected, above, the FAA has determined that air 2002–22–11 Turbomeca: Amendment 39–
that action proposed to require safety and the public interest require the 12937. Docket No. 99–NE–33–AD.
inspecting for fuel flow. If fuel flow is adoption of the rule with the changes Supersedes AD 2000–06–12,
not detected, the engine may have Amendment 39–11653.
described previously. The FAA has
injection wheel cracks, which would determined that these changes will Applicability: This airworthiness directive
require removing the engine from (AD) is applicable to Turbomeca Artouste III
neither increase the economic burden
service for repair. If fuel flow is B, B1, and D series turboshaft engines with
on any operator nor increase the scope injection wheels part numbers (P/N’s)
detected, the engine may have a of the AD.
malfunctioning electric fuel cock, which 218.25.700.0, 218.25.704.0, 243.25.709.0,
Regulatory Analysis 243.25.713.0, 0.218.27.705.0, 0.218.27.709.0,
would require removing the electric fuel and 0.218.27.713.0. These engines are
cock from service and replacing with a This final rule does not have installed on, but not limited to Eurocopter
serviceable part. That action also federalism implications, as defined in SA 315 LAMA and SA 316 Alouette III
proposed to require the smoke Executive Order 13132, because it helicopters.
emissions to be checked after the last would not have a substantial direct Note 1: This AD applies to each engine
flight of the day as opposed to after effect on the States, on the relationship identified in the preceding applicability
every flight as required by the original between the national government and provision, regardless of whether it has been
AD. That action also proposed to require the States, or on the distribution of modified, altered, or repaired in the area
inspection of central labyrinths not subject to the requirements of this AD. For
power and responsibilities among the
previously inspected or not replaced engines that have been modified, altered, or
various levels of government. repaired so that the performance of the
after the engine logged 1,500 operating Accordingly, the FAA has not consulted requirements of this AD is affected, the
hours, and, replacement if necessary, in with state authorities prior to owner/operator must request approval for an
accordance with Turbomeca Artouste III publication of this final rule. alternative method of compliance in
ASB No. A218 72 0100, Update 1, dated For the reasons discussed above, I accordance with paragraph (d) of this AD.
March 13, 2001. That action also certify that this action (1) is not a The request should include an assessment of
proposed to require the removal of ‘‘significant regulatory action’’ under the effect of the modification, alteration, or
injection wheels at a new lower life Executive Order 12866; (2) is not a repair on the unsafe condition addressed by
limit. ‘‘significant rule’’ under the DOT this AD; and, if the unsafe condition has not
been eliminated, the request should include
Comments Regulatory Policies and Procedures (44 specific proposed actions to address it.
FR 11034, February 26, 1979); and (3)
Compliance: Compliance with this AD is
Interested persons have been afforded will not have a significant economic required as indicated, unless already done.
an opportunity to participate in the impact, positive or negative, on a To prevent injection wheel cracks and
making of this amendment. Due substantial number of small entities excessive central labyrinth wear, which
consideration has been given to the under the criteria of the Regulatory could result in an in-flight shutdown (IFSD),
comment received. Flexibility Act. A final evaluation has do the following:

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68024 Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Rules and Regulations

Smoke Check (i) If fuel flow is not detected, remove the before further flight, remove the engine from
(a) Do the following in accordance with engine from service and replace with a service and replace with a serviceable engine.
serviceable engine before further flight.
Turbomeca Artouste III Alert Service Bulletin Central Labyrinth Inspection
(ii) If fuel flow is detected, remove the
(ASB) No. A218 72 0099, Update 1, dated electric fuel cock from service and replace (b) If the central labyrinth has not been
June 6, 2001: with a serviceable part in accordance with inspected or replaced since engine
(1) After the last flight of every day, check section 2.B.(4) and 2.B.(5) of the referenced accumulation of 1,500 flight hours (FH) or
for smoke emission through the exhaust pipe, ASB. more time-since-new (TSN) or time-since-
air intake, or turbine casing drain during (iii) Before entry into service, perform an last-overhaul (TSO), perform the checks and
rundown. engine ground run and check the fuel system inspections, and, if necessary, replace the
(2) If smoke is detected, inspect for fuel again for smoke emission through the central labyrinth, in accordance with
flow in accordance with paragraph 2.B.(1) exhaust pipe, air intake, or turbine casing paragraph 2 of the Instructions of Turbomeca
and 2.B.(2) of the ASB. drain during engine rundown and after Artouste III ASB No. A218 72 0100, Update
shutdown. If smoke emission still remains 1, dated March 13, 2001 and the following
after replacement of the electric fuel cock, Table 1:

TABLE 1.—INSPECTION SCHEDULE


For engine hours TSN, or TSO that And cycles/FH ratio is: Then inspect central labyrinth:
are:

(1) More than 1,500 but fewer than (i) Above 2 cycles .......................... Within 250 FH time-in-service (TIS) after the effective date of this AD.
2,000.
(ii) Below or equal to 2 cycles ....... Within 500 FH TIS after the effective date of this AD.
(2) 2,000 or more ............................ Not applicable ................................ Within 50 FH TIS or 6 months after the effective date of this AD,
whichever occurs first.

(c) For the purpose of this AD, a FAA Principal Maintenance Inspector, who Federal Aviation Regulations (14 CFR 21.197
serviceable engine is defined as an engine may add comments and then send it to the and 21.199) to operate the helicopter to a
that does not exhibit smoke emission. Manager, ECO. location where the requirements of this AD
Note 2: Information concerning the can be done.
Alternative Methods of Compliance
existence of approved alternative methods of
(d) An alternative method of compliance or compliance with this airworthiness directive, Documents That Have Been Incorporated by
adjustment of the compliance time that if any, may be obtained from the ECO. Reference
provides an acceptable level of safety may be (f) The checks, inspections, and
used if approved by the Manager, Engine Special Flight Permits replacements must be done in accordance
Certification Office (ECO). Operators must (e) Special flight permits may be issued in with the following Turbomeca Artouste III
submit their request through an appropriate accordance with §§ 21.197 and 21.199 of the alert service bulletins (ASB’s):

Document No. Pages Revision Date

ASB A218 72 0099 .................................................................................... All ..................................................... 1 June 6, 2001.


Total pages: 5
ASB A218 72 0100 .................................................................................... All ..................................................... 1 March 13, 2001.
Total pages: 7

These incorporations by reference were Issued in Burlington, Massachusetts, on ACTION: Final rule.
approved by the Director of the Federal October 28, 2002.
Register in accordance with 5 U.S.C. 552(a) Jay J. Pardee, SUMMARY: This amendment adopts a
and 1 CFR part 51. Copies may be obtained Manager, Engine and Propeller Directorate, new airworthiness directive (AD), that is
from Turbomeca, 40220 Tarnos, France; Aircraft Certification Service. applicable to certain Titeflex
telephone +33 05 59 64 40 00; fax +33 05 59 [FR Doc. 02–28114 Filed 11–7–02; 8:45 am] Corporation high-pressure and medium-
64 60 80. Copies may be inspected at the BILLING CODE 4910–13–P
pressure hoses. This amendment
FAA, New England Region, Office of the requires inspecting certain Titeflex
Regional Counsel, 12 New England Executive hoses for a date of manufacture, and if
Park, Burlington, MA; or at the Office of the DEPARTMENT OF TRANSPORTATION necessary, replacing the hose with a
Federal Register, 800 North Capitol Street, serviceable part. This amendment is
NW., suite 700, Washington, DC. Federal Aviation Administration prompted by reports of hoses that failed
Note 3: The subject of this AD is addressed to meet the fire test requirements during
in Direction Generale de L’Aviation Civile 14 CFR Part 39 laboratory testing. The actions specified
airworthiness directive 2001–235(A), dated by this AD are intended to prevent
June 13, 2001. [Docket No. 2000–NE–57–AD; Amendment failure of a hose when exposed to fire.
39–12938; AD 2002–22–12] DATES: Effective December 13, 2002. The
Effective Date incorporation by reference of certain
(g) This amendment becomes effective on RIN 2120–AA64 publications listed in the regulations is
December 13, 2002. approved by the Director of the Federal
Airworthiness Directives; Titeflex
Register as of December 13, 2002.
Corporation
ADDRESSES: The service information
AGENCY: Federal Aviation referenced in this AD may be obtained
Administration, DOT. from Titeflex Corporation, 603 Hendee

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