5744 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations

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:

96–03–12 Jetstream Aircraft Limited:

Amendment 39–9917. Docket 96NM–97–

AD.

Applicability: Model 4101 airplanes having

constructor number 41004 through 41074

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 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.

To prevent overheating of the electrical

ground posts (‘‘earth posts’’) for the direct

current (DC) power generation and de-icing

systems of the left and right engines, which

could result in such things as failure of these

systems, accomplish the following:

(a) Within 300 hours time-in-service after

the effective date of this AD, accomplish the

actions specified in paragraphs (a)(1) and

(a)(2) of this AD on both the left and right

engines:

(1) Inspect each earth post and earth post

bracket to detect damage caused by arcing,

signs that it has been overheated, and lateral

movement of the earth post, in accordance

with Part A of Jetstream Service Bulletin J41–

24–033, Revision 2, dated January 24, 1996.

If any discrepancy is detected, prior to

further flight, accomplish both paragraphs

(a)(1)(i) and (a)(1)(ii) of this AD:

(i) Repair any damage and lateral

movement in accordance with a method

approved by the Manager, Standardization

Branch, ANM–113, FAA, Transport Airplane

Directorate; and

(ii) Replace the earth post with a new earth

post in accordance with Part B of the service

bulletin.

(2) Inspect each ground cable (‘‘earth

cable’’) for the DC power generation and

propeller de-icing systems to detect damage

caused by arcing, and signs that the terminal

tags and cable insulation have been

overheated, in accordance with Part A of the

service bulletin. If any discrepancy is

detected, prior to further flight, replace the

earth cable with a new or serviceable cable,

in accordance with Part A of the service

bulletin.

(b) Within 6 months after the effective date

of this AD, replace each earth post with a

new earth post, in accordance with Part B of

Jetstream Service Bulletin J41–24–033,

Revision 2, dated January 24, 1996. Any earth

post that is replaced in accordance with

paragraph (a)(1)(ii) of this AD need not be

replaced again under the requirements of this

paragraph.

(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, 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.

(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 actions shall be done in accordance

with Jetstream Service Bulletin J41–24–033,

Revision 2, dated January 24, 1996. 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

Jetstream Aircraft, Inc., P.O. Box 16029,

Dulles International Airport, Washington, DC

20041–6029. 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

March 14, 1997.

Issued in Renton, Washington, on January

29, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2673 Filed 2–6–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–89–AD; Amendment

39–9918; AD 97–03–13]

RIN 2120–AA64

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA), Model C–212 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all CASA Model C–212

series airplanes, that requires that the

rudder pedal assemblies be adjusted

prior to each flight until the rudder

pedal setting mechanisms are modified.

This amendment also requires

replacement of the attachment rails for

certain flight crew seats. This

amendment is prompted by reports

indicating that the flight crew may not

be able to achieve the maximum

certified deflection of the rudder at the

airplane’s minimum controllable

airspeed and in other flight conditions,

because the existing range of settings for

adjusting the rudder pedals restricts the

flight crew in its ability to move the

rudder. This condition, if not corrected,

could result in insufficient rudder

deflection, and consequent reduction in

controllability of the airplane.

DATES: Effective March 14, 1997.

The incorporation by reference of

certain publications listed in the
Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations 5745

regulations is approved by the Director

of the Federal Register as of March 14,

1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Construcciones Aeronauticas, S.A.,

Getafe, Madrid, Spain. 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 Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT: Greg

Dunn, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2799; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all CASA Model C–

212 series airplanes was published in

the Federal Register on November 12,

1996 (61 FR 58014). That action

proposed to require that the rudder

pedal assemblies be adjusted prior to

each flight until the rudder pedal setting

mechanisms are modified (by the

installation of stops and other parts).

That action also proposed to require

replacement of the attachment rails for

certain flight crew seats.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 41 CASA

Model C–212 series airplanes of U.S.

registry will be affected by this AD.

The required adjustment of the rudder

pedal assemblies will take

approximately .10 work hour per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

adjustment requirement on U.S.

operators is estimated to be $246, or $6

per airplane, per adjustment (prior to

each flight).

The required modification and

replacement will take approximately 64

work hours per airplane to accomplish,

at an average labor rate of $60 per work

hour. Required parts will cost between

$2,000 and $5,500 per airplane,

depending on the kit that is installed.

Based on these figures, the cost impact

of these actions on U.S. operators is

estimated to be between $239,440 and

$382,940, or between $5,840 and $9,340

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

adding the following new airworthiness

directive: 97–03–13 CASA: Amendment

39–9918. Docket 96–NM–89–AD.

Applicability: All Model C–212 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 (d) 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 settings for the rudder

pedals from restricting the flight crew in its

ability to move the rudder to its maximum

certified deflection, which could result in

insufficient deflection and consequent

reduction in controllability of the airplane,

accomplish the following:

(a) As of the effective date of this AD, prior

to each flight, adjust the left and right rudder

pedal setting mechanisms in accordance with

CASA Flight Operation Instructions COM

212–245, Revision 1, dated November 16,

1993, until the modification required by

paragraph (b) of this AD has been

accomplished.

(b) Within 6 months after the effective date

of this AD, modify the left and right rudder

pedal assemblies by installing stops and

other parts, in accordance with CASA

Service Bulletin SB–212–27–47, Revision 1,

dated April 13, 1994. Accomplishment of

this modification constitutes terminating

action for the repetitive adjustments required

by paragraph (a) of this AD.

(c) For CASA Model C–212 series airplanes

listed in CASA Service Bulletin SB–212–27–

47, Revision 1, dated April 13, 1994: Within

6 months after the effective date of this AD,

replace the attachment rails for the pilot and

co-pilot seats in accordance with CASA

Service Bulletin SB–212–27–47, Revision 1,

dated April 13, 1994.

(d) 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, 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.

(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
5746 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations

a location where the requirements of this AD

can be accomplished.

(f) The actions shall be done in accordance

with CASA Flight Operation Instructions

COM 212–245, Revision 1, dated November

16, 1993; and CASA Service Bulletin SB–

212–27–47, Revision 1, dated April 13, 1994,

which contains the following list of effective

pages:

Page number

Revision

level

shown on

page

Date shown

on page

1–5, 8, 14–17, 19–

23, 26, 34, 35.

1 ............ April 13,

1994.

6, 7, 9–13, 18, 24,

25, 27–33.

Original .. September

14, 1993.

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 Construcciones Aeronauticas, S.A.,

Getafe, Madrid, Spain. 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.

(g) This amendment becomes effective on

March 14, 1997.

Issued in Renton, Washington, on January

29, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2674 Filed 2–6–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–148–AD; Amendment

39–9919; AD 97–03–14]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–300 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 737–

300 series airplanes, that requires an

inspection to detect fatigue cracking,

base trim, and upper flange over-trim of

the pulley brackets of the aileron control

cables. This amendment also requires, if

necessary, replacement of the pulley

brackets with new pulley brackets, and

replacement of the two button-head

rivets with flush-head rivets. This

amendment is prompted by a review of

the design of the flight control systems

on Model 737 series airplanes. The

actions specified by this AD are

intended to prevent fatigue cracking or

fracturing of the pulley brackets, which

could result in slack in the cables and

consequent reduced ability of the

flightcrew to control the aileron.

DATES: Effective March 14, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 14,

1997.

ADDRESSES: 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

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 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: Don

Kurle, Senior Engineer, Systems and

Equipment Branch, ANM–130S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (206) 227–2798;

fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Boeing

Model 737–300 series airplanes was

published in the Federal Register on

August 28, 1996 (61 FR 44237). That

action proposed to require a visual

inspection to detect fatigue cracking,

base trim, and upper flange over-trim of

the pulley brackets of the aileron control

cables. That action also proposed to

require, if necessary, replacement of the

pulley brackets with new pulley

brackets, and replacement of the two

button-head rivets with flush-head

rivets.

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

One commenter supports the

proposed rule.

Request To Revise Statement of

Findings of Critical Design Review

Team

One commenter requests the second

paragraph of the Discussion section that

appeared in the preamble to the

proposed rule be revised to accurately

reflect the findings of the Critical Design

Review (CDR) team. The commenter

asks that the FAA delete the one

sentence in that paragraph, which read:

‘‘The recommendations of the team

include various changes to the design of

the flight control systems of these

airplanes, as well as correction of

certain design deficiencies.’’ The

commenter suggests that the following

sentences should be added: ‘‘The team

did not find any design issues that

could lead to a definite cause of the

accidents that gave rise to this effort.

The recommendations of the team

include various changes to the design of

the flight control systems of these

airplanes, as well as incorporation of

certain design improvements in order to

enhance its already acceptable level of

safety.’’

The FAA does not find that a revision

to this final rule in the manner

suggested by the commenter is

necessary, since the Discussion section

of a proposed rule does not reappear in

a final rule. The FAA acknowledges that

the CDR team did not find any design

issue that could lead to a definite cause

of the accidents that gave rise to this

effort. However, as a result of having

conducted the CDR of the flight control

systems on Boeing Model 737 series

airplanes, the team indicated that there

are a number of recommendations that

should be addressed by the FAA for

each of the various models of the Model

737.

Request To Extend Compliance Time

The Air Transport Association (ATA)

of America, on behalf of one of its

members, requests that the proposed

compliance time be extended from 18

months to four years. The ATA member

indicates that the consequences of

bracket failure are minimal since a dual

control path exists. The commenter

adds that, even in the event of total

cable input failure on one side of the

control path, control of the aircraft

would not be lost. The commenter

points out that the referenced service

bulletin states that resultant cable slack

will cause sluggish aileron control,

which should be apparent to the

flightcrew in the event of failure of a

bracket. The commenter also states that

the adoption of an 18-month

compliance time would pose an

unnecessary burden on operators, and

that a compliance time of four years is

adequate to address the unsafe

condition. The ATA states that it does

not view the identified unsafe condition

as an airworthiness concern. However,

in the interest of enhancing safety, the

ATA requests that the rule be adopted

with the extended compliance time.

The FAA does not concur. The FAA

acknowledges that a dual control path

exists, and that in the event of failure of

a bracket, the second load path will