Federal Register / Vol. 63, No. 185 /Thursday, September 24, 1998 /Rules and Regulations 50981

Compliance Time of This AD

The unsafe condition specified by this

AD is caused by corrosion. Corrosion

can occur regardless of whether the

aircraft is in operation. Therefore, to

assure that the unsafe condition

specified in this AD does not go

undetected for a long period of time, the

compliance is presented in calendar

time instead of hours time-in-service

(TIS).

Regulatory Impact

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 copy of the final

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, 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

adding a new airworthiness directive

(AD) to read as follows:

98–20–17 Saft America Inc.: Amendment

39–10784; Docket No. 97–CE–116–AD.

Applicability: Part Number (P/N) 021929–

000 (McDonnell Douglas

P/N 43BO34LB02) and P/N 021904–000

(McDonnell Douglas P/N 43BO34LB03)

Nickel Cadmium Batteries manufactured

prior to December 1997 that are installed on,

but not limited to, McDonnell Douglas DC–

9 and MD–80 aircraft, all serial numbers,

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision that incorporates one of the

affected batteries, regardless of whether it has

been modified, altered, or repaired in the

area subject to the requirements of this AD.

For aircraft that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required at the next

scheduled battery maintenance that occurs 3

calendar months after the effective date of

this AD or within the next 15 calendar

months after the effective date of this AD,

whichever occurs first, unless already

accomplished.

To prevent the battery from shorting out or

exploding if the heads of fasteners become

sheared off, which could result in loss of

emergency power to electrical flight

components or other emergency power

systems required in the event of loss of the

aircraft primary power source, accomplish

the following:

(a) Replace all battery terminal screws,

verify that the battery contains design

specification cells, and replace the cells if the

battery contains non-design specification

cells. Accomplish these actions in

accordance with the INSTRUCTIONS section

of SAFT Aviation Batteries Service Bulletin

Document No. A00027, Rev G, dated July 14,

1998.

(1) A plastic label indicating compliance

with the AD may be obtained from Saft

America Inc. at the address specified in

paragraph (e) of this AD.

(2) This label shall not cover the original

part number of the battery.

(3) SAFT Aviation Batteries Service

Bulletin Document No. A00027, Rev G, dated

July 14, 1998, provides the option of

purchasing this label from Saft or

manufacturing your own label.

(4) This label must be installed on the

battery as depicted in Figures 3 and 4 on

page 8 of SAFT Aviation Batteries Service

Bulletin Document No. A00027, Rev G, dated

July 14, 1998.

(b) If the actions required by this AD have

been previously accomplished in accordance

with SAFT Aviation Batteries Service

Bulletin Document No. A00027, Rev F, dated

January 15, 1998, then the only action

required by this AD would be to install a

compliance label on the battery as specified

in SAFT Aviation Batteries Service Bulletin

Document No. A00027, Rev G, dated July 14,

1998.

(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) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Atlanta Aircraft

Certification Office, One Crown Center, 1895

Phoenix Boulevard, suite 450, Atlanta,

Georgia 30349. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Atlanta 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 Atlanta Aircraft

Certification Office.

(e) The replacements required by this AD

shall be done in accordance with SAFT

Aviation Batteries Service Bulletin Document

No. A00027, Rev G, dated July 14, 1998. 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 SAFT

America Inc., 711 Industrial Boulevard,

Valdosta, Georgia 31601. Copies may be

inspected at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri, or at the

Office of the Federal Register, 800 North

Capitol Street, NW, suite 700, Washington,

DC.

(f) This amendment becomes effective on

November 2, 1998.

Issued in Kansas City, Missouri, on

September 14, 1998.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–25124 Filed 9–23–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–82–AD; Amendment

39–10793; AD 98–20–27]

RIN 2120–AA64

Airworthiness Directives; Airbus

Industrie Model A300–600 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.
50982 Federal Register / Vol. 63, No. 185 /Thursday, September 24, 1998 /Rules and Regulations

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Airbus Model A300–

600 series airplanes, that requires

repetitive inspections to detect fatigue

cracking of the wing top skin at the front

spar joint; and a follow-on eddy current

inspection and repair, if necessary. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by this AD are intended to

detect and correct fatigue cracking of the

wing top skin at the front spar joint,

which could result in reduced structural

integrity of the airplane.

DATES: Effective October 29, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of October 29,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Airbus Model

A300–600 series airplanes was

published in the Federal Register on

May 12, 1998 (63 FR 26109). That action

proposed to require repetitive

inspections to detect fatigue cracking of

the wing top skin at the front spar joint;

and a follow-on eddy current inspection

and repair, if necessary.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

One commenter expresses no

objection to the proposed rule.

Request To Allow Flight With Known

Cracks

One commenter recommends that the

proposed AD be revised to allow

continued operation of an unrepaired

airplane following detection of cracks,

utilizing the allowable damage limits

and temporary repairs described in

Airbus Service Bulletin A300–57–6045.

The commenter expresses confidence

that allowing continued flight within

the allowable crack limits and with the

temporary repairs specified in the

service bulletin will provide the

necessary level of safety. The

commenter further states that the

manufacturer has not identified a

permanent repair for the area, nor has a

preventive modification been identified

that would allow termination of the

inspections required by this proposed

AD. Additionally, the commenter notes

that the area where the cracks may

occur would require an extensive

internal repair that has not been

developed at this time. If such cracking

occurs, an airplane could be grounded

for a long time period while a repair is

developed, analyzed, and approved.

The FAA does not concur. It is the

FAA’s policy to require repair of known

cracks prior to further flight (except in

certain cases of unusual need). This

policy is based on the fact that such

damaged airplanes do not conform to

the FAA certificated type design, and

therefore, are not airworthy until a

properly approved repair is

incorporated. Although the referenced

service bulletin specifies temporary

repairs for certain crack findings, it does

not provide such repairs for cracking

outside certain limits. For those cases,

the service bulletin specifies that,

depending upon crack length, operators

should either contact the manufacturer

for appropriate repairs or accomplish

repetitive visual inspections at specified

intervals. Therefore, the FAA has

determined that, due to the safety

implications and consequences

associated with cracking of the wing top

skin at the front spar joint, any subject

area that is found to be cracked must be

addressed, prior to further flight, in

accordance with a method approved by

the FAA.

Later Revision of Service Bulletin

One commenter has provided a copy

of Airbus Service Bulletin A300–57–

6045, Revision 02, dated April 21, 1998,

including Appendix 1, Revision 02,

dated April 21, 1998, but makes no

specific request in regard to this

revision. Airbus Service Bulletin A300–

57–6045, Revision 1, dated August 3,

1994, including Appendix 1, Revision 1,

dated August 3, 1994, was cited in the

proposed AD as the appropriate source

of service information for

accomplishment of the actions required

by this AD. The FAA has reviewed

Revision 02 of the service bulletin and

has determined that it contains no

substantive differences from Revision 1.

Therefore, the final rule has been

revised to add Revision 02 as an

appropriate source of service

information.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Cost Impact

The FAA estimates that 54 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 2

work hours per airplane to accomplish

the required inspection, and that the

average labor rate is $60 per work hour.

Based on these figures, the cost impact

of the inspection required by this AD on

U.S. operators is estimated to be $6,480,

or $120 per airplane, per inspection

cycle.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

Regulatory Impact

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.
Federal Register / Vol. 63, No. 185 /Thursday, September 24, 1998 /Rules and Regulations 50983

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

adding the following new airworthiness

directive:

98–20–27 Airbus Industrie: Amendment

39–10793. Docket 98–NM–82–AD.

Applicability: All Model A300–600

airplanes, certificated in any category.

Note 1: This AD applies to each airplane

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

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (c) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To detect and correct fatigue cracking of

the wing top skin at the front spar joint,

which could result in reduced structural

integrity of the airplane, accomplish the

following:

(a) Prior to the accumulation of 22,000 total

flight cycles, or within 2,000 flight cycles

after the effective date of this AD, whichever

occurs later, perform a detailed visual

inspection to detect fatigue cracking of the

wing top skin at the front spar joint, in

accordance with Airbus Service Bulletin

A300–57–6045, Revision 1, dated August 3,

1994, including Appendix 1, Revision 1,

dated August 3, 1994; or Airbus Service

Bulletin A300–57–6045, Revision 02, dated

April 21, 1998, including Appendix 1,

Revision 02, dated April 21, 1998. Repeat the

detailed visual inspection thereafter at

intervals not to exceed 8,000 flight cycles.

(b) If any cracking is suspected or detected

during any inspection required by paragraph

(a) of this AD, prior to further flight, perform

an eddy current inspection to confirm the

findings of the visual inspection, in

accordance with Airbus Service Bulletin

A300–57–6045, Revision 1, dated August 3,

1994, including Appendix 1, Revision 1,

dated August 3, 1994; or Airbus Service

Bulletin A300–57–6045, Revision 02, dated

April 21, 1998, including Appendix 1,

Revision 02, dated April 21, 1998. If any

cracking is detected during any eddy current

inspection, prior to further flight, repair in

accordance with a method approved by the

Manager, International Branch, ANM–116,

FAA, Transport Airplane Directorate, or the

Direction Ge ́ne ́rale de l’Aviation Civile or (its

delegated agent).

(c) 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,

International Branch, ANM–116. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(d) 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 airplane to

a location where the requirements of this AD

can be accomplished.

(e) The actions shall be done in accordance

with Airbus Service Bulletin A300–57–6045,

Revision 1, dated August 3, 1994, including

Appendix 1, Revision 1, dated August 3,

1994; or Airbus Service Bulletin A300–57–

6045, Revision 02, dated April 21, 1998,

including Appendix 1, Revision 02, dated

April 21, 1998. Revision 1 of Airbus Service

Bulletin A300–57–6045 contains the

following list of effective pages:

Page No.

Revision

level shown

on page

Date shown on

page

1–10 .......... 1 ................ August 3, 1994.

Appendix 1

1–2 ............ 1 ................ August 3, 1994.

3–6 ............ Original ...... March 18, 1993.

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 Airbus Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in French airworthiness directive 97–374–

238(B), dated December 3, 1997.

(f) This amendment becomes effective on

October 29, 1998.

Issued in Renton, Washington, on

September 16, 1998.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–25354 Filed 9–23–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–84–AD; Amendment 39–

10794; AD 98–19–15]

RIN 2120–AA64

Airworthiness Directives; Fairchild

Aircraft, Inc. SA226 and SA227 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

98–19–15, which was sent previously to

all known U.S. owners and operators of

Fairchild Aircraft, Inc. (Fairchild)

SA226 and SA227 series airplanes. The

AD applies to those airplanes that are

equipped with Barber-Colman pitch

trim actuators, part number (P/N) 27–

19008–001 or P/N 27–19008–002. This

AD requires incorporating information

into the Limitations Section of the

airplane flight manual (AFM) that

imposes a speed restriction and a

minimum pilot requirement. The AD

resulted from reports of two incidents of

abrupt movement of the horizontal

stabilizer to or near the full airplane

nose-up position. These two incidents

involved mechanical failure of these

Barber-Colman pitch trim actuators. The

actions specified by this AD are

intended to lessen the severity of

airplane pitch up caused by mechanical

failure of the pitch trim actuator, which

could result in a pitch upset and

structural failure of the airplane.

DATES: Effective September 25, 1998, to

all persons except those to whom it was

made immediately effective by priority

letter AD 98–19–15, issued September

10, 1998, which contained the

requirements of this amendment.

Comments for inclusion in the Rules

Docket must be received on or before

October 21, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,