4906 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

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:

97–03–04—Boeing: Amendment 39–9910.

Docket 95–NM–106–AD.

Applicability: Model 727 and 737

airplanes; as listed in Boeing Alert Service

Bulletin 727–28A0062, Revision 5, dated

May 4, 1995 (for Model 727 series airplanes)

and Boeing Alert Service Bulletin 737–

28A1032, Revision 2, dated May 4, 1995 (for

Model 737 series airplanes); equipped with

forward and/or aft Boeing-designed auxiliary

fuel tanks that have been deactivated;

certificated in any category.

Note 1: If the forward and/or aft Boeingdesigned auxiliary fuel tank(s) on any of the

airplanes specified in the applicability

provision is currently activated, the

requirements of this AD become applicable

whenever that auxiliary fuel tank is

deactivated.

Note 2: 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 the nut of the fuel cap assembly

from backing off and the cap from loosening,

and subsequently, unwanted fuel transferring

to the auxiliary fuel tanks, accomplish the

following:

(a) Within 6 months after the effective date

of this AD, accomplish paragraphs (a)(1) and

(a)(2) of this AD, in accordance with Part IV

of the Accomplishment Instructions of

Boeing Alert Service Bulletin 727–28A0062,

Revision 5, dated May 4, 1995 (for Model 727

series airplanes); or Boeing Alert Service

Bulletin 737–28A1032, Revision 2, dated

May 4, 1995 (for Model 737 series airplanes);

as applicable.

(1) Replace the fuel cap assembly having

part number (P/N) AN929A24 with a new

fuel cap assembly having P/N AN929L24 on

the inlet fitting at the inside top of the

auxiliary fuel tank, in accordance with the

applicable service bulletin. And

(2) Replace the INOP placards with new

placards, in accordance with the applicable

service bulletin.

(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, Seattle

Aircraft Certification Office (ACO), 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, Seattle ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(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.

(d) The actions shall be done in accordance

with Boeing Alert Service Bulletin 727–

28A0062, Revision 5, dated May 4, 1995 (for

Model 727 series airplanes); or Boeing Alert

Service Bulletin 737–28A1032, Revision 2,

dated May 4, 1995 (for Model 737 series

airplanes); as applicable. 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 Boeing Commercial

Airplane Group, P.O. Box 3707, Seattle,

Washington 98124–2207. 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.

(e) This amendment becomes effective on

March 10, 1997.

Issued in Renton, Washington, on January

23, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2223 Filed 1–31–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–235–AD; Amendment

39–9911; AD 97–03–05]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain McDonnell

Douglas DC–9 series airplanes, that

currently requires repetitive visual

inspections to detect corrosion and

cracking of the fuselage upper skin and

frames in the area of the loop antenna

assemblies of the automatic direction

finder (ADF), and repair, if necessary.

This amendment adds a requirement to

perform a visual and an eddy current

inspection of the fuselage forward upper

skin under the antennas, followed by

the reinstallation of the ADF antennas

using an improved procedure. This

amendment is prompted by the

development of a modification of the

ADF antenna installation that

constitutes terminating action for the

required repetitive visual inspections.

The actions specified by this AD are

intended to prevent rapid

decompression of the fuselage,

significant structural damage, and

subsequent reduced structural integrity

of the airplane, due to problems

associated with corrosion and fatigue

cracking in the subject area.

DATES: Effective March 10, 1997.

The incorporation by reference of

McDonnell Douglas Alert Service

Bulletin DC9–53A282, dated March 20,

1996, listed in the regulations, was

approved previously by the Director of

the Federal Register, in accordance with

5 U.S.C. 552(a) and 1 CFR part 51, as of

April 15, 1996 (61 FR 15882, April 10,

1996).

The incorporation by reference of

McDonnell Douglas Service Bulletin

DC9–53–284, dated August 20, 1996,

listed in the regulations, is approved by

the Director of the Federal Register as of

March 10, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from McDonnell Douglas Corporation,

3855 Lakewood Boulevard, Long Beach,

California 90846, Attention: Technical

Publications Business Administration,

Department C1–L51 (2–60). 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 FAA,

Transport Airplane Directorate, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Wahib Mina, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712; telephone (310) 627–

5324; fax (310) 627–5210.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 96–07–51,

amendment 39–9562 (61 FR 15882,

April 10, 1996), which is applicable to

certain McDonnell Douglas DC–9 series

airplanes, was published in the Federal

Register on October 23, 1996 (61 FR

54969). That action proposed to

continue to require repetitive internal
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4907

visual inspections to detect corrosion

and cracking of the fuselage forward

upper skin and to detect cracking of the

fuselage frame in the area of the forward

and aft loop antenna assemblies of the

automatic direction finder (ADF), as is

currently required by AD 97–07–01.

However, it also proposed to add a

requirement to perform a visual and an

eddy current inspection of the fuselage

forward upper skin under the antennas,

followed by the reinstallation of the

ADF antennas using an improved

procedure. Accomplishment of these

actions would constitute terminating

action for the required repetitive

inspections.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

Five commenters support the

proposed AD.

Request To Extend Compliance Time

for Certain Airplanes

One commenter supports the intent of

the proposal, but requests that the

compliance time for accomplishing the

terminating action be extended from the

proposed 24 months to 48 months for

those airplanes on which the antenna

has been reinstalled within the past 4

years. The commenter notes that the

compliance schedule for the terminating

action does not address the condition

where the ADF antenna was previously

removed and the fuselage skin

inspection and repaired, i.e., in

accordance with the previously issued

AD 96–07–51. The commenter considers

that, for the repaired airplanes, a higher

level of safety has been achieved than if

no such repair had been performed.

Considering the number of airplanes

that are affected by this AD

(approximately 403), allowing an

extension of the time for installing the

final fix on the previously repaired

airplanes also will minimize the

operational impact of the AD on

operators.

The FAA concurs with the

commenter’s request. The FAA

acknowledges that AD 96–07–51 (as

well as this new AD) requires that, if

any cracking or corrosion is found and

it is within certain limits, the area must

be repaired in accordance with either

the Structural Repair Manual (SRM) or

a manner approved by the FAA. In

consideration of the increased structural

integrity of the area that is provided by

such repairs, the FAA finds that the risk

of additional cracking is reduced and

accomplishment of the terminating

action may be extended for an

additional 2 years (for a total of 4 years)

without adversely affecting safety.

Paragraph (b) of the final rule has been

revised accordingly.

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

There are approximately 569

McDonnell Douglas Model DC–9 series

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

403 airplanes of U.S. registry will be

affected by this proposed AD.

The inspections that were previously

required by AD 96–07–51 and retained

in this new AD take approximately 5

work hours per airplane to accomplish,

at an average labor rate of $60 per work

hour. Based on these figures, the cost

impact of the currently required actions

on U.S. operators is estimated to be

$120,900, or $300 per airplane, per

inspection.

The terminating action that is

required by this new AD will take

approximately 16 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

new requirements of this AD on U.S.

operators is estimated to be $386,880, or

$960 per airplane.

The cost impact figures discussed

above are 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.

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

removing amendment 39–9562 (61 FR

15882, April 10, 1996), and by adding

a new airworthiness directive (AD),

amendment 39–9911, to read as follows:

97–03–05 McDonnell Douglas: Amendment

39–9911. Docket 96–NM–235–AD.

Supersedes AD 96–07–51, Amendment

39–9562.

Applicability: Model DC–9 series airplanes

having fuselage numbers 001 through 631

inclusive, 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 otherwise

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)(1) 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 rapid decompression of the

fuselage, significant structural damage, and

subsequent reduced structural integrity of the

airplane, due to problems associated with
4908 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

corrosion and fatigue cracking, accomplish

the following:

(a) Within 15 days after April 15, 1996 (the

effective date of AD 96–07–51, amendment

39–9562): Perform an internal visual

inspection to detect corrosion and cracking of

the fuselage forward upper skin and to detect

cracking of the fuselage frame in the area of

the forward and aft loop antenna assemblies

of the automatic direction finder (ADF), in

accordance with McDonnell Douglas Alert

Service Bulletin DC9–53A282, dated March

20, 1996.

(1) If no corrosion or cracking is detected:

Repeat the visual inspection required by

paragraph (a) of this AD thereafter at

intervals not to exceed 6 months.

(2) If any corrosion or cracking is detected

that is within the limits specified in Chapter

53–04, Figure 29, of the DC–9 Structural

Repair Manual (SRM): Prior to further flight,

repair in accordance with Chapter 53–04,

Figure 29, of the SRM. Thereafter, repeat the

visual inspection required by paragraph (a) of

this AD at intervals not to exceed 6 months.

(3) If any corrosion or cracking is detected

in the fuselage forward upper skin, or if any

cracking is detected in the fuselage frame,

and that corrosion or cracking is outside the

limits specified in Chapter 53–04, Figure 29,

of the SRM: Prior to further flight, repair in

accordance with a method approved by the

Manager, Los Angeles Aircraft Certification

Office (ACO), FAA, Transport Airplane

Directorate.

(b) At the applicable time specified in

paragraph (b)(1) of (b)(2) of this AD, remove

the ADF antennas and perform both a visual

inspection and a high frequency eddy current

inspection to detect corrosion and cracking of

the fuselage forward upper skin under the

antennas, in accordance with McDonnell

Douglas Service Bulletin DC9–53–284, dated

August 20, 1996.

(1) For airplanes on which the ADF

antenna has not been previously removed

and the fuselage skin has not been previously

inspected for evidence of corrosion, within

the last 4 years prior to the effective date of

this AD: Accomplish the inspections within

2 years after the effective date of this AD.

(2) For airplanes on which the ADF

antenna has been previously removed and

the fuselage skin has been previously

inspected for evidence of corrosion and/or

repaired within the last 4 years prior to the

effective date of this AD: Accomplish the

inspections within 4 years after the effective

date of this AD.

(c) As a result of the inspections required

by paragraph (b) of this AD, accomplish the

applicable action specified in paragraph

(c)(1), (c)(2), or (c)(3) of this AD.

Accomplishment of the actions specified in

paragraph (c)(1) or (c)(2) constitutes

terminating action for the requirements of

paragraphs (a)(1) and (a)(2) of this AD.

(1) If no cracking or corrosion is detected:

Prior to further flight, reinstall the ADF

antennas using the improved installation

procedure in accordance with McDonnell

Douglas Service Bulletin DC9–53–284, dated

August 20, 1996. Thereafter, no further action

is required by this AD.

(2) If any cracking or corrosion is detected

that is within the limits specified in Chapter

53–04 of the DC–9 Structural Repair Manual

(SRM): Prior to further flight, repair in

accordance with Chapter 53–04 of the DC–9

SRM, and reinstall the ADF antennas using

the improved installation procedure in

accordance with McDonnell Douglas Service

Bulletin DC9–53–284, dated August 20, 1996.

Thereafter, no further action is required by

this AD.

(3) If any cracking or corrosion is detected

that is outside the limits specified in Chapter

53–04 of the SRM: Prior to further flight,

repair in accordance with a method approved

by the Manager, Los Angeles Certification

Office (ACO), FAA, Transport Airport

Directorate.

(d)(1) 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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(2) Alternative methods of compliance,

approved in accordance with AD 96–07–71,

amendment 39–9562, are approved as

alternative methods of compliance with this

AD.

(e) 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.

(f) The actions shall be done in accordance

with McDonnell Douglas Alert Service

Bulletin DC9–53A282, dated March 20, 1996;

and McDonnell Douglas Service Bulletin

DC9–53–284, dated August 20, 1996. The

incorporation by reference of the former

service bulletin was approved previously by

the Director of the Federal Register, in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51, as of April 15, 1996 (61 FR 15882,

April 10, 1996). The incorporation by

reference of the latter service bulletin 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 McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1-L51

(2–60). Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

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

FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(g) This amendment becomes effective on

March 10, 1997.

Issued in Renton, Washington, on January

23, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2222 Filed 1–31–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–CE–33–AD; Amendment 39–

9909; AD 97–03–03]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Britten-Norman Ltd. BN–2, BN–2A, and

BN–2B Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Pilatus BrittenNorman BN–2, BN–2A, and BN–2B

series airplanes that do not have

generator terminal diodes installed with

Modification NB/M/1571. This action

requires removing the terminal diodes

that have a 70 amp direct current (DC)

Generation System, which is referred to

as Modification NB/M/1148, and

installing Modification NB/M/1571,

which consists of new terminal diodes

with a higher amp rating. Reports from

operators that one or both diodes were

failing prompted this action. The

actions specified by this AD are

intended to prevent loss of electrical

power to the navigation,

communications, and light systems,

which could impair the pilot’s ability to

maintain control of the airplane.

DATES: Effective March 23, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 23,

1997.

ADDRESSES: Service information that

applies to this AD may be obtained from

Pilatus Britten-Norman, Ltd.,

Bembridge, Isle of Wight, United

Kingdom, PO35 5PR. This information

may also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket 96-

CE–33–AD, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106; or

at the Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Tom Rodriguez, Program Manager,

Brussels Aircraft Certification Division,

FAA, Europe, Africa and the Middle