51388 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Proposed Rules

tandardization 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 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.

Note 3: The subject of this AD is addressed

in British airworthiness directive 004–06–96.

Issued in Renton, Washington, on

September 25, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–25974 Filed 9–30–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–140–AD]

Airworthiness Directives; Aerospatiale

Model ATR42–200, –300, and –320

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 Aerospatiale Model ATR42–200,

–300, –320 series airplanes. This

proposal would require an inspection to

detect corrosion of the rear spars of the

wings, 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

possible corrosion on the rear spars of

the wings, which could result in

reduced structural integrity of the

wings.

DATES: Comments must be received by

October 27, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

140–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

Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT: Gary

Lium, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–1112; 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 95–NM–140–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.

95–NM–140–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direction Generale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that an unsafe

condition may exist on certain

Aerospatiale Model ATR42–200, –300,

and –320 series airplanes. The DGAC

advises that it has received three reports

indicating that, during routine

inspections, corrosion was found on the

rear spar lower flange of the outer wing.

This condition, if not detected and

corrected in a timely manner, could

result in reduced structural integrity of

the wing.

Explanation of Relevant Service

Information

Aerospatiale has issued Service

Bulletin ATR42–57–0044, dated May

30, 1995, and Revision 1, dated June 28,

1995, which describe procedures for

performing a one-time detailed visual

inspection to detect corrosion of the rear

spars of the wings. The service bulletins

also describe procedures for repair of

corrosion within certain limits, and

application of a protective compound to

certain areas. The DGAC classified these

service bulletins as mandatory and

issued French airworthiness directive

(CN) 95–127–063(B), dated August 2,

1995, in order to assure the continued

airworthiness of these airplanes in

France.

FAA’s Conclusions

These airplane models are

manufactured in France 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 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, the proposed AD would

require accomplishment of the actions

specified in the service bulletins

described previously.
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Proposed Rules 51389

Differences Between the Proposal and

the Related Service Bulletins

The proposed rule would differ from

Aerospatiale Service Bulletins ATR42–

57–0044, dated May 30, 1995, and

Revision 1, dated June 28, 1995, in that

it would not permit further flight

following removal of corrosion. The

FAA has determined that, due to the

safety implications and consequences

associated with the removal of small

amounts of metal from the load-carrying

structural elements of the rear spars of

the wings (a normal and unavoidable

result of the process of removing

corrosion), the subject rear spars that are

found to be corroded must be repaired

prior to further flight. The repair would

be required to be accomplished in

accordance with a method approved by

the FAA.

Cost Impact

The FAA estimates that 16 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 24 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $23,040, or $1,440 per

airplane.

The total 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 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:

Aerospatiale: Docket 95–NM–140–AD.

Applicability: Model ATR42–200, –300,

and –320 series airplanes, as listed in

Aerospatiale Service Bulletin ATR42–57–

0044, dated May 30, 1995, or Revision 1,

dated June 28, 1995; 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 use the authority

provided in paragraph (b) of this AD to

request approval from the FAA. This

approval may address either no action, if the

current configuration eliminates the unsafe

condition; or different actions necessary to

address the unsafe condition described in

this AD. Such a request should include an

assessment of the effect of the changed

configuration on the unsafe condition

addressed by this AD. In no case does the

presence of any modification, alteration, or

repair remove any airplane from the

applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To detect and correct corrosion on the rear

spars of the wings, which could result in

reduced structural integrity of the wing,

accomplish the following:

(a) Within 60 days after the effective date

of this AD, perform a one-time detailed

visual inspection to detect corrosion of the

rear spars of the wings, in accordance with

Aerospatiale Service Bulletin ATR42–57–

0044, dated May 30, 1995, or Revision 1,

dated June 28, 1995.

(1) If no corrosion is detected, prior to

further flight, apply a protective compound

to the areas specified in the service bulletin,

in accordance with the service bulletin.

(2) If any corrosion is detected, prior to

further flight, repair it in a method approved

by the Manager, Standardization Branch,

ANM–113, FAA, Transport Airplane

Directorate.

(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.

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.

Note 3: The subject of this AD is addressed

in French airworthiness directive (CN) 95–

127–063(B), dated August 2, 1995.

Issued in Renton, Washington, on

September 25, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–25977 Filed 9–30–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 700

[Docket No. 970827205–7205–01]

RIN 0694–AA02

Defense Priorities and Allocations

System

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The Department of Commerce

proposes to revise the Defense Priorities

and Allocations System (DPAS)

regulation by updating, modifying or

clarifying a number of its provisions.

The DPAS implements the priorities

and allocations authority of Title I of the

Defense Production Act of 1950, as

amended, and the priorities authority of

Section 18 of the Selective Service Act

of 1948 and related authorities, as these

authorities pertain to industrial

resources.