This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

44244

Vol. 62, No. 161

Wednesday, August 20, 1997

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–104–AD]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace BAe Model ATP Airplanes

and Model HS 748 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

certain British Aerospace BAe Model

ATP airplanes and all Model HS 748

series airplanes. This proposal would

require inspection of the main hydraulic

accumulator for corrosion, and

corrective actions, if necessary. 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 detect and correct such

corrosion, which could result in loss of

certain hydraulic system functions,

including nose wheel steering,

hydraulic lowering of the landing gear,

and main wheel brakes, which are

essential for safe operation of the

airplane.

DATES: Comments must be received by

September 29, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

104–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

AI(R) American Support, Inc., 13850

Mclearen Road, Herndon, Virginia

20171. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2148; 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–104–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–104–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, advises that

extensive corrosion of the cylinder tube

of the main hydraulic accumulator was

found on certain British Aerospace BAe

Model ATP airplanes and all Model HS

748 series airplanes. Such corrosion, if

not detected and corrected in a timely

manner, could result in loss of certain

hydraulic system functions, including

nose wheel steering, hydraulic lowering

of the landing gear, and main wheel

brakes, which are essential for safe

operation of the airplane.

Explanation of Relevant Service

Information

The manufacturer has issued Service

Bulletin ATP–29–15, dated February 25,

1997; and HS748–29–49, dated February

25, 1997; which describe procedures for

inspection of the main hydraulic

accumulator for corrosion; and removal

of any light surface corrosion found,

application of protective treatment and

restoration of the paint finish, or

replacement of the accumulator, if

necessary. The CAA classified these

service bulletin as mandatory and

issued British airworthiness directives

004–02–97, dated February 25, 1997,

and 005–02–97, dated February 7, 1997,

in order to assure the continued

airworthiness of these airplanes in the

United Kingdom.

FAA’s Conclusions

These airplane models are

manufactured in the United Kingdom

and are 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 CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

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
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Proposed Rules 44245

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 10 British

Aerospace BAe Model ATP airplanes of

U.S. registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $600, or $60

per airplane.

Currently, there are no British

Aerospace Model HS 748 series

airplanes on the U.S. Register. However,

should an affected airplane be imported

and placed on the U.S. Register in the

future, it would require approximately 1

work hour to accomplish the proposed

actions, at an average labor rate of $60

per work hour. Based on these figures,

the cost impact of the proposed AD

would be $60 per airplane.

The cost impact figures discussed

above are 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.

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:

British Aerospace Regional Jet [Formerly

Jetstream Aircraft Limited, British

Aerospace (Commercial Aircraft)

Limited]: Docket 97–NM–104–AD.

Applicability: Model BAe ATP airplanes

having constructor’s numbers 2002 through

2063 inclusive; and all Model HS 748 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

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 detect and correct corrosion of the

cylinder tube of the main hydraulic

accumulator, which could result in loss of

certain hydraulic system functions that are

essential for safe operation of the airplane,

accomplish the following:

(a) Within 30 days after the effective date

of this AD, perform an inspection of the main

hydraulic accumulator for corrosion, in

accordance with British Aerospace Service

Bulletin ATP–29–15, dated February 25,

1997; or HS748–29–49, dated February 25,

1997; as applicable. If any discrepancy is

found, prior to further flight, accomplish the

applicable corrective actions specified in the

service bulletins.

(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, FAA,

Transport Airplane Directorate. 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,

ANM–113.

(c) Special flight permits may be issued in

accordance with §§ 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 August

13, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–21983 Filed 8–19–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–03–AD]

Airworthiness Directives; McDonnell

Douglas Helicopter Systems Model

369F and 369FF Helicopters

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

McDonnell Douglas Helicopter Systems

(MDHS) Model 369F and 369FF

helicopters. This proposal would

require removing the tail rotor control

rod assembly (rod assembly) and

replacing it with an airworthy rod

assembly. This proposal is prompted by

a failure of a rod assembly during a

proof-load test conducted by the

manufacturer. The actions specified by

the proposed AD are intended to

prevent buckling of the rod assembly

when subjected to ultimate jam loads,

loss of tail rotor control, and subsequent

loss of control of the helicopter.

DATES: Comments must be received by

October 20, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 97–SW–03–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137. Comments may be

inspected at this location between 9:00

a.m. and 3:00 p.m., Monday through

Friday, except Federal holidays.