60642 Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Rules and Regulations

For this reason, and because a delay

would significantly affect the

certification of the airplane, which is

imminent, the FAA has determined that

prior public notice and comment are

unnecessary and impracticable, and

good cause exists for adopting these

special conditions immediately.

Therefore, these special conditions are

being made effective upon issuance. The

FAA is requesting comments to allow

interested persons to submit views that

may not have been submitted in

response to the prior opportunities for

comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting

and recordkeeping requirements.

The authority citation for these

special conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701,

44702, 44704.

The Special Conditions

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the following special

conditions are issued as part of the type

certification basis for Learjet Model 55

airplanes modified by Learjet Inc.

1. Protection from Unwanted Effects

of High-Intensity Radiated Fields

(HIRF). Each electrical and electronic

system that performs critical functions

must be designed and installed to

ensure that the operation and

operational capability of these systems

to perform critical functions are not

adversely affected when the airplane is

exposed to high intensity radiated

fields.

For the purpose of these special

conditions, the following definition

applies:

Critical Functions. Functions whose

failure would contribute to or cause a

failure condition that would prevent the

continued safe flight and landing of the

airplane.

Issued in Renton, Washington, on October

31, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service,

ANM–100.

[FR Doc. 97–29730 Filed 11–10–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–219–AD; Amendment

39–10199; AD 97–23–11]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that requires

modifying the main landing gear (MLG)

bay areas by installing additional slush

protection covers in those areas. This

amendment is prompted by the

identification of a problem during flight

test analysis, which indicated that slush

can accumulate in the MLG bay areas.

The actions specified by this AD are

intended to prevent the accumulation of

slush in the MLG bay areas, which

could freeze and interfere with the

landing gear or render it inoperative.

DATES: Effective December 17, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

17, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Dornier Deutsche Aerospace, P.O.

Box 1103, D–82230 Wessling, Federal

Republic of Germany. 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:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 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 certain Dornier

Model 328–100 series airplanes was

published in the Federal Register on

March 12, 1997 (62 FR 11390). That

action proposed to require modifying

the main landing gear (MLG) bay areas

by installing additional slush protection

covers in those areas.

Comments

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 40 Dornier

Model 328–100 series airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 8 work hours

per airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. The cost of

required parts will be negligible. Based

on these figures, the cost impact of the

AD on U.S. operators is estimated to be

$19,200, or $480 per airplane.

The cost impact figure discussed

above is 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.
Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Rules and Regulations 60643

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:

97–23–11 Dornier: Amendment 39–10199.

Docket 96–NM–219–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3063

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 (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 accumulation of slush in

the main landing gear (MLG) bay areas that

could freeze and interfere with the landing

gear and result in it becoming inoperative,

accomplish the following:

(a) Within 90 days after the effective date

of this AD, modify the MLG bay areas by

installing additional slush protection covers

in those areas in accordance with Dornier

Service Bulletin SB–328–30–132, dated

October 11, 1995.

(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,

International Branch, ANM–116, 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 International Branch, ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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 modification shall be done in

accordance with Dornier Service Bulletin

SB–328–30–132, dated October 11, 1995.

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 Dornier Deutsche Aerospace, P.O. Box

1103, D–82230 Wessling, Federal Republic of

Germany. 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.

Note 3: The subject of this AD is addressed

in German airworthiness directive 95–412,

dated November 2, 1995.

(e) This amendment becomes effective on

December 17, 1997.

Issued in Renton, Washington, on

November 3, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29445 Filed 11–10–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–115–AD; Amendment

39–10198; AD 97–23–10]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that requires

modification of the cable tension

regulator on both the left and right

elevators by installing certain parts on

the lever arm of the regulator. This

amendment is prompted by a report

indicating that design testing and

analysis have shown applied loads

could cause the regulator’s lever arm to

break. The actions specified by this AD

are intended to prevent failure of the

regulator, and consequent reduced

controllability of the airplane.

DATES: Effective December 17, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

17, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Dornier Deutsche Aerospace, P.O.

Box 1103, D–82230 Wessling, Federal

Republic of Germany. 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:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 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 certain Dornier

Model 328–100 series airplanes was

published in the Federal Register on

March 12, 1997 (62 FR 11386). That

action proposed to require modification

of the cable tension regulator on both

the left and right elevators by installing

certain parts on the lever arm of the

regulator.

Comments

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 27 Dornier

Model 328–100 series airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 2 work hours

per airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will be provided by the manufacturer at

no cost to the operators. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be $3,240,

or $120 per airplane.

The cost impact figure discussed

above is 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