Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations 49431

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the AD on U.S. operators

is estimated to be $1,920, or $60 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.

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

adding the following new airworthiness

directive:

97–20–02 Lockheed: Amendment 39–10140.

Docket 97-NM–07-AD.

Applicability: All Model L–188A and L–

188C 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 prevent loss of airplane controllability

or engine overspeed with consequent loss of

engine power caused by the power levers

being positioned below the flight idle stop

while the airplane is in flight, accomplish the

following:

(a) Within 30 days after the effective date

of this AD, revise the Limitations Section of

the FAA-approved Airplane Flight Manual

(AFM) to include the following statements.

This action may be accomplished by

inserting either a copy of this AD into the

AFM or the revision to the Limitations

Section of the FAA-approved Electra 188A or

188C AFM, both dated October 17, 1996, as

applicable.

Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may lead to

loss of airplane control or may result in an

overspeed condition and consequent loss of

engine power.

(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, Atlanta

Aircraft Certification Office (ACO), FAA,

Small Airplane Directorate. Operators shall

submit their requests through an appropriate

FAA Principal Operations Inspector, who

may add comments and then send it to the

Manager, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta 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 AFM revision shall be done in

accordance with Electra 188A Airplane

Flight Manual, dated October 17, 1996; or

Electra 188C Airplane Flight Manual, dated

October 17, 1996; 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

Lockheed Aeronautical Systems Support

Company (LASSC), Field Support

Department, Dept. 693, Zone 0755, 2251 Lake

Park Drive, Smyrna, Georgia. Copies may be

inspected at the Federal Aviation

Administration (FAA), Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small Airplane

Directorate, Atlanta Aircraft Certification

Office, Campus Building, 1701 Columbia

Avenue, Suite 2–160, College Park, Georgia;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(e) This amendment becomes effective on

October 27, 1997.

Issued in Renton, Washington, on

September 16, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–25055 Filed 9–19–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–237–AD; Amendment

39–10139; AD 97–20–01]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Boeing Model 747

series airplanes. This action requires

repetitive inspections to detect cracks,

corrosion, or damage of the lower spar

fitting body and lug, and corrective

actions, if necessary. This AD also

provides for optional terminating action

for the repetitive inspection

requirements. This amendment is

prompted by reports that fatigue

cracking was found in the lower spar

fitting lug on the number 3 pylon and

in the lower spar fitting body. The

actions specified in this AD are

intended to detect and correct such

fatigue cracking, which could result in

failure of the strut and separation of the

engine from the airplane.

DATES: Effective October 7, 1997.

The incorporation by reference of

Boeing Service Bulletin 747–54–2062,
49432 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

Revision 8, dated August 21, 1997, as

listed in the regulations, is approved by

the Director of the Federal Register as of

October 7, 1997.

The incorporation by reference of

Boeing Alert Service Bulletin 747–

54A2158, dated November 30, 1994,

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 July 28, 1995 (60 FR 33336, June

28, 1995). The incorporation by

reference of Boeing Alert Service

Bulletin 747–54A2159, dated November

3, 1994, 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 June 21, 1995 (60 FR

27008, May 22, 1995).

Comments for inclusion in the rules

docket must be received on or before

November 21, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

237–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD 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; or at the Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT:

Tamara L. Dow, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2771;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: On

September 21, 1995, the FAA issued AD

95–20–05, amendment 39–9383 (60 FR

51704, October 3, 1995), applicable to

certain Boeing Model 747 series

airplanes, to require repetitive

inspections for cracking in the inboard

strut-to-diagonal brace attach fittings,

and repair or replacement, if necessary.

That AD also provides for an optional

terminating modification for the

required inspections. The requirements

of that AD are intended to prevent

failure of the strut and separation of an

engine from the airplane due to cracking

of the inboard strut-to-diagonal brace

attach fittings.

Since issuance of that AD, the FAA

has received reports of fatigue cracking

in the lower spar fitting lug on the

number 3 pylon and in the lower spar

fitting body on Boeing Model 747 series

airplanes. This cracking area is beyond

the inspection area specified in AD 95–

20–05.

The airplane on which the lower spar

fitting lug was cracked had accumulated

12,734 total flight cycles with 64,537

total flight hours. The lower spar fitting

with the cracked lug had accumulated

1,078 flight cycles from the previous

inspection required by AD 95–20–05.

The lower spar fitting with the cracked

body had accumulated less than 1,000

flight cycles from the previous

inspection required by AD 95–20–05.

Fatigue cracking in the lower spar

fitting lug or the lower spar fitting body,

if not detected and corrected in a timely

manner, could result in failure of the

strut and separation of the engine from

the airplane.

Explanation of Relevant Service

Information

Subsequent to the finding of this new

cracking, the manufacturer issued, and

the FAA reviewed and approved Boeing

Service Bulletin 747–54–2062, Revision

8, dated August 21, 1997. The service

bulletin describes procedures for

repetitive detailed visual and ultrasonic

inspections to detect cracks, corrosion,

or damage of the lower spar fitting body

and lug, as applicable, and replacement,

if necessary. The service bulletin also

describes procedures for replacement of

the lower spar fitting with a new steel

lower spar fitting, which eliminates the

need for the repetitive inspections.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other Boeing Model 747

series airplanes of the same type design,

this AD is being issued to detect and

correct fatigue cracking in the lower

spar fitting lug or the lower spar fitting

body, which could result in failure of

the strut and separation of the engine

from the airplane. This AD requires

repetitive detailed visual and ultrasonic

inspections to detect cracks, corrosion,

or damage of the lower spar fitting body

and lug, as applicable, and replacement,

if necessary. This AD also provides for

an optional replacement of the lower

spar fitting with a new steel lower spar

fitting, which constitutes terminating

action for the repetitive inspection

requirements. The actions are required

to be accomplished in accordance with

the service bulletin described

previously. In lieu of accomplishing the

subject replacement or repetitive

inspections, this AD provides for an

optional terminating modification of the

nacelle strut and wing structure. (This

modification is part of the ‘‘Boeing

Model 747 Strut and Wing Structural

Modification Program,’’ described in

Boeing Alert Service Bulletin 747–

54A2159, dated November 3, 1994, and

Boeing Alert Service Bulletin 747–

54A2158, dated November 30, 1994.)

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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 under

the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the rules docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97-NM–237-AD.’’ The

postcard will be date stamped and

returned to the commenter.

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
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations 49433

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the rules docket. A copy

of it, if filed, 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

adding the following new airworthiness

directive:

97–20–01 Boeing: Amendment 39–10139.

Docket 97–NM–237–AD.

Applicability: Model 747 series airplanes,

having line numbers 1 through 500 inclusive,

equipped with Pratt & Whitney Model JT9D–

3, –7, or –7Q engines, or having line numbers

202, 204, 232, or 257, equipped with General

Electric Model CF6 series engines;

certificated in any category; and on which

the strut/wing modification has not been

accomplished in accordance with either of

the following Boeing service bulletins:

• Boeing Alert Service Bulletin 747–

54A2159, dated November 3, 1994, or

• Boeing Alert Service Bulletin 747–

54A2158, dated November 30, 1994.

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 (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 in

the lower spar fitting lug or the lower spar

fitting body, which could result in failure of

the strut and separation of the engine from

the airplane, accomplish the following:

(a) Within 90 days after the effective date

of this AD, perform a detailed visual

inspection and an ultrasonic inspection to

detect cracks, corrosion, or damage of the

lower spar fitting body and lug, as applicable,

in accordance with Figures 9 and 10 of

Boeing Service Bulletin 747–54–2062,

Revision 8, dated August 21, 1997.

Note 2: This AD does not require an

inspection of the inboard strut-to-diagonal

brace attach fitting as described in Figure 1

of Boeing Service Bulletin 747–54–2062,

Revision 8, dated August 21, 1997. However,

this inspection is required to be

accomplished as part of AD 95–20–05,

amendment 39–9383 (60 FR 51705, October

10, 1995).

(1) If no crack, corrosion, or damage is

detected, repeat the detailed visual and

ultrasonic inspections thereafter at intervals

not to exceed 400 landings.

(2) If any crack, corrosion, or damage is

detected, prior to further flight, accomplish

either paragraph (a)(2)(i) or (a)(2)(ii) of this

AD.

(i) Replace the lower spar fitting with a

new steel lower spar fitting, in accordance

with Part II of the Accomplishment

Instructions of the service bulletin. Or

(ii) Modify the nacelle strut and wing

structure in accordance with Boeing Alert

Service Bulletin 747–54A2158, dated

November 30, 1994, or Boeing Alert Service

Bulletin 747–54A2159, dated November 3,

1994.

(b) Replacement of the lower spar fitting

with a new steel lower spar fitting, in

accordance with Part II of the

Accomplishment Instructions of Boeing

Service Bulletin 747–54–2062, Revision 8,

dated August 21, 1997; or modification of the

nacelle strut and wing structure in

accordance with Boeing Alert Service

Bulletin 747–54A2158, dated November 30,

1994, or Boeing Alert Service Bulletin 747–

54A2159, dated November 3, 1994;

constitutes terminating action for the

repetitive inspection requirements of this

AD.

(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, 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.

(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 inspections and replacement shall

be done in accordance with Boeing Service

Bulletin 747–54–2062, Revision 8, dated

August 21, 1997. The modification, if

accomplished, shall be done in accordance

with Boeing Alert Service Bulletin 747–

54A2158, dated November 30, 1994, or

Boeing Alert Service Bulletin 747–54A2159,

dated November 3, 1994.

(1) The incorporation by reference of

Boeing Service Bulletin 747–54–2062,

Revision 8, dated August 21, 1997, is

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51.

(2) The incorporation by reference of

Boeing Alert Service Bulletin 747–54A2158,

dated November 30, 1994, 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 July 28, 1995 (60 FR

33336, June 28, 1995).

(3) The incorporation by reference of

Boeing Alert Service Bulletin 747–54A2159,

dated November 3, 1994, 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 June 21, 1995 (60

FR 27008, May 22, 1995).

(4) 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.

(f) This amendment becomes effective on

October 7, 1997.

Issued in Renton, Washington, on

September 15, 1997.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–25042 Filed 9–19–97; 8:45 am]

BILLING CODE 4910–13–U