42432 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

Issued in Renton, Washington, on July 31,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–20730 Filed 8–6–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–162–AD]

RIN 2120–AA64

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA) Model CN–235 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

CASA Model CN–235 series airplanes.

This proposal would require installation

of a contactor and relocation of the

existing fuse in the battery circuit. This

proposal is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by the proposed AD are

intended to prevent failure of the battery

circuit due to a burned fuse, and

consequent inability to restart the

engine using batteries during flight.

DATES: Comments must be received by

September 16, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

162–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Construcciones Aeronauticas, S.A.,

Getafe, Madrid, Spain. This information

may be examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tim

Backman, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2797; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the rules docket number and be

submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the rules docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the rules

docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–162–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

97–NM–162–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direccio ́n General de Aviacio ́n

Civil (DGAC), which is the

airworthiness authority for Spain,

recently notified the FAA that an unsafe

condition may exist on all CASA Model

CN–235 series airplanes. The DGAC

advises that during a flight test

performed by the manufacturer the

flight crew intentionally shut an engine

down, but were unable to restart the

engine by using batteries. Investigation

revealed that the batteries failed because

a fuse had burned. This condition, if not

corrected, could result in the inability to

restart the engine with the batteries

during flight.

Explanation of Relevant Service

Information

CASA has issued Service Bulletin SB–

235–24–07M, dated June 4, 1995; and

Revision 1, dated January 25, 1996,

which describe procedures for

installation and relocation of a contactor

in the battery circuit to allow for an

alternate current path in the event of a

fuse failure in the battery circuit. The

DGAC classified these service bulletins

as mandatory and issued Spanish

airworthiness directive 09/96, dated

December 9, 1996, in order to assure the

continued airworthiness of these

airplanes in Spain.

FAA’s Conclusions

This airplane model is manufactured

in Spain and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above. The

FAA has examined the findings of the

DGAC, reviewed all available

information, and determined that AD

action is necessary for products of this

type design that are certificated for

operation in the United States.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

accomplishment of the actions specified

in the service bulletins described

previously.

Cost Impact

The FAA estimates that 2 CASA

Model CN–235 series airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 58 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would cost approximately $2,000 per

airplane. Based on these figures, the cost

impact of the proposed AD on U.S.

operators is estimated to be $10,960, or

$5,480 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42433

Regulatory Impact

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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 draft

regulatory 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Construcciones Aeronauticas, S.A., CASA:

Docket 97–NM–162–AD.

Applicability: All Model CN–235 series

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

otherwise 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 (b) 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 prevent failure of the fuse in battery

number 1 during battery starting of engines,

accomplish the following:

(a) Within 6 months after the effective date

of this AD, install a contactor in the battery

circuit and relocate the existing fuse in

accordance with CASA Service Bulletin SB–

235–24–07M, dated June 4, 1995; or Revision

1, dated January 25, 1996.

(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,

Standardization Branch, ANM–113.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch.

(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 airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on July 31,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–20731 Filed 8–6–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–264–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–100 and –200 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

Boeing Model 737–100 and –200 series

airplanes, that currently requires that

the FAA-approved maintenance

inspection program be revised to

include inspections that will give no

less than the required damage tolerance

rating for each Structural Significant

Item, and repair of cracked structure.

That AD was prompted by a structural

re-evaluation by the manufacturer

which identified additional structural

elements where, if damage were to

occur, supplemental inspections may be

required for timely detection. This

action would require additional and

expanded inspections, and repair of

cracked structure. This action also

would expand the applicability of the

existing AD to include additional

airplanes. The actions specified by the

proposed AD are intended to ensure the

continued structural integrity of the

Boeing Model 737–100 and –200 fleet.

DATES: Comments must be received by

September 16, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

264–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Greg

Schneider, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Washington;

telephone (425) 227–2028; fax (425)

227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the rules docket number and be

submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,