Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Proposed Rules 60193

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:

Saab Aircraft AB: Docket 97–NM–236–AD.

Applicability: Model SAAB SF340A and

SAAB 340B series airplanes, as listed in Saab

Service Bulletin 340–57–033, Revision 1,

dated August 18, 1997; 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 fatigue cracking of the flap

support straps, which could result in further

damage to the flap structure and reduced

controllability of the airplane, accomplish

the following:

(a) Except as provided by paragraph (b) of

this AD: Prior to the accumulation of 16,000

total flight cycles, or within 1,500 flight

cycles after the effective date of this AD,

whichever occurs later, perform a visual

inspection to detect discrepancies (i.e.,

cracking and/or damage) of the support

straps of the left-and right-hand flaps and

adjacent areas, in accordance with Saab

Service Bulletin 340–57–033, Revision 1,

dated August 18, 1997. If any discrepancy is

detected, prior to further flight, repair it in

accordance with a method approved by the

Manager, International Branch, ANM–116,

FAA, Transport Airplane Directorate.

(b) At the next scheduled structural

inspection of the flaps, but not later than the

accumulation of 3,000 flight cycles after the

effective date of this AD, accomplish

paragraphs (b)(1) and (b)(2) of this AD, in

accordance with Saab Service Bulletin 340–

57–033, Revision 1, dated August 18, 1997.

Accomplishment of the inspection and

replacement specified in paragraphs (b)(1)

and (b)(2) of this AD constitutes terminating

action for the requirements of paragraph (a)

of this AD.

(1) Perform a detailed inspection to detect

discrepancies (i.e., cracking and/or damage)

of the support straps of the left-and righthand flaps and adjacent areas, in accordance

with the service bulletin. If any discrepancy

is detected, prior to further flight, repair it in

accordance with a method approved by the

Manager, International Branch, ANM–116.

And,

(2) Replace the support straps of the leftand right-hand flaps with new straps made

of steel, in accordance with the service

bulletin.

(c) As of the effective date of this AD, no

person shall install a flap assembly having

part number 7257800–501 through –508

inclusive, –571, –572, or –851 through –858

inclusive, on any airplane, unless that flap

assembly has been modified in accordance

with Saab Service Bulletin 340–57–033,

Revision 1, dated August 18, 1997.

(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,

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 the Manager, 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.

(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.

Note 3: The subject of this AD is addressed

in Swedish airworthiness directive SAD No.

1–117, dated June 9, 1997.

Issued in Renton, Washington, on October

31, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29421 Filed 11–6–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–179–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A320 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 Airbus Model A320 series

airplanes. This proposal would require

replacement of a capacitor of the main

landing gear (MLG) circuitry with a new

electrolytic capacitor having a tantalum

casing. This proposal is prompted by

the issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent the failure of the

landing gear to retract properly as a

result of failure of a capacitor in the

MLG circuitry and subsequent power

interruption.

DATES: Comments must be received by

December 8, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

179–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

Airbus Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington.

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:

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
60194 Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Proposed Rules

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 97–NM–179–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.

97–NM–179–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that an unsafe

condition may exist on certain Airbus

Model A320 series airplanes. The DGAC

advises that it has received reports that,

during functional tests of the landing

gear safety valve, the main landing gear

(MLG) retraction cycle was interrupted.

Investigation revealed that the

interruption was attributed to the

rupture of a capacitor; this capacitor

normally enables the continuation of the

gear retraction cycle in the event of

power interruption. Failure of this

capacitor in the MLG circuitry

combined with electrical power

interruption, if not corrected, could

result in failure of the MLG to retract

properly.

Explanation of Relevant Service

Information

Airbus has issued Service Bulletin

A320–32–1139, Revision 1, dated

December 30, 1994, which describes

procedures for replacement of a

capacitor of the MLG circuitry with a

new electrolytic capacitor having a

tantalum casing. Replacement with the

new capacitor would eliminate the

possibility and consequences of its

rupture. The DGAC classified this

service bulletin as mandatory and

issued French airworthiness directive

96–187–085(B)R2, dated January 29,

1997, in order to assure the continued

airworthiness of these airplanes in

France.

FAA’s Conclusions

This airplane model is manufactured

in France and is 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 registered in the United

States, the proposed AD would require

accomplishment of the actions specified

in the service bulletin described

previously.

Cost Impact

The FAA estimates that 31 Airbus

Model A320 series airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 2 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. The cost for

required parts would be minimal. Based

on these figures, the cost impact of the

proposed AD on U.S. operators is

estimated to be $3,720, or $120 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 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:

Airbus Industrie: Docket 97–NM–179–AD.

Applicability: Model A320 series airplanes

on which Airbus Modification 21574 (Airbus

Service Bulletin A320–32–1139, Revision 1,

dated December 30, 1994) or 21999 has not

been installed, 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.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the main landing gear

(MLG) to retract properly as a result of failure

of a capacitor in the landing gear circuitry

and subsequent electrical power interruption,

accomplish the following:

(a) Within 8 months after the effective date

of this AD, replace capacitor 57GA installed

in electronic rack 90VU with a new

electrolytic capacitor having a tantalum

casing, in accordance with Airbus Service

Bulletin A320–32–1139, Revision 1, dated

December 30, 1994.

(b) As of the effective date of this AD, no

person shall install a capacitor having part

number 57GA (without a tantalum casing) in

the main landing gear circuitry on any

airplane.
Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Proposed Rules 60195

(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,

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 the Manager, 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.

(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.

Note 3: The subject of this AD is addressed

in French airworthiness directive 96–187–

085(B)R2, dated January 29, 1997.

Issued in Renton, Washington, on October

31, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29420 Filed 11–6–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 255

[Dockets Nos. OST–97–3014 and OST–97–

2881]

Computer Reservations System (CRS)

Regulations

AGENCY: Office of the Secretary, (DOT).

ACTION: Request for comments, petition

for rulemaking on rules governing

computer reservations systems.

SUMMARY: The Department is inviting

interested persons to comment on a

petition for rulemaking filed by

American West Airlines that requests

two new rules governing computer

reservations systems (CRSs). America

West asks the Department to amend its

CRS rules (14 CFR Part 255) to include

a prohibition against certain CRS

practices that allegedly impose higher

booking fee costs on airlines and enable

travels agents to make transactions that

damage an airline’s ability to control its

inventory. The Department invites

persons wishing to comment on

America West’s proposal to include

those comments in their responses to

the Department’s advance notice of

proposed rulemaking in Docket OST–

97–2881.

DATES: Comments and reply comments

must be submitted on or before

December 9, 1997, and January 23, 1998,

respectively, the due dates for

comments and reply comments in

Docket No. OST–97–2881.

ADDRESSES: Comments must be filed in

Room PL401, Docket OST–97–2881,

U.S. Department of Transportation, 400

7th St., SW., Washington, DC 20590.

Late filed comments will be considered

to the extent possible. To facilitate

consideration of comments, each

commenter should file six copies of its

comments. The comments should state

that they are filed in Docket OST–97–

2881.

FOR FURTHER INFORMATION CONTACT:

Thomas Ray, Office of the General

Counsel, 400 Seventh St., SW.,

Washington, DC 20590, (202) 366–4731.

SUPPLEMENTARY INFORMATION: The

Department adopted its regulations

governing CRSs, 14 CFR Part 255,

because, if CRS firms were unregulated,

they could use the systems to injure

airline competition and deny consumers

and travel agents access to accurate and

complete information on airline

services. We recently began a

proceeding to reexamine our regulations

to see whether they are still necessary

and, if so, whether they should be

changed, by publishing an advance

notice of proposed rulemaking. 62 FR

47606, September 10, 1997. The

comments and reply comments on that

advance notice will be due on December

9, 1997, and January 23, 1998, under the

revised comment schedule established

by us.

We note that the rules will expire on

December 31, 1997, unless we change

the termination date. We are holding an

expedited rulemaking proceeding to

consider amending the rules’ sunset

provision so that the rules will remain

in effect during our overall examination

of them, as we noted in the advance

notice, 62 FR at 47610–47611.

The advance notice summarizes our

findings in earlier proceedings on the

need for CRS rules and lists a number

of issues that parties should address in

their comments. 62 FR at 47607, 47609–

47610. Among other things, the advance

notice describes our past findings that

market forces do not discipline the

prices and quality of service offered by

systems to participating airlines

(participating airlines are the airlines

whose services are sold through a

system). 62 FR at 47608. See also 61 FR

42197, 42198, 42201–42202, August 14,

1996. Whether these findings are still

valid is one of the issues that will be

considered in our reexamination of the

rules.

After we published the advance

notice, America West filed a petition for

proposed rulemaking that asks up to

adopt two rules to stop CRS practices

that allegedly impose unreasonable

costs on participating airlines. America

West alleges that each system offers

incentive programs to travel agencies

that encourage travel agents to make

unnecessary and abusive airline

transactions. A travel agency typically

pays a much lower fee (or no fee) for

CRS services if it makes a certain

number of booking transactions each

month. According to America West, a

travel agency may have an incentive to

make illegitimate booking transactions

because doing so will enable it to

receive CRS services at lower cost, even

though the agency’s legitimate

transactions are too few to make the

agency eligible for the discounted fees.

America West asserts that travel

agencies also make illegitimate or

unnecessary books transactions for other

reasons. Whatever the reason, all

booking transactions generally impose a

booking fee liability on a participating

airline.

America West contends that, since

each system uses a transactional

methodology for calculating booking

fees (the fees charged participating

airlines), an airline must pay fees

whenever travel agents conduct

transactions involving its services,

whether or not the transaction benefits

the airline or results in the airline’s

carrying revenue passengers. According

to America West, a participating airline

like itself therefore must pay fees for

many booking transactions that

allegedly provide it no benefit. America

West further asserts that the systems

refuse to make any real effort to stop

illegitimate travel agent transactions

that create booking fee revenue for the

systems. America West additionally

charges that Sabre and Apollo, the two

largest systems, each protects its major

airline affiliate, respectively American

and United, from similar abuses by

denying travel agents the ability to

conduct certain types of transactions

that often lead to illegitimate bookings.

America West alleges that the systems,

however, have been unwilling to

provide similar protection for

participating airlines. Finally, America

West alleges that the Internet has made

matters worse, for the Internet booking

sites created by travel agencies and

other firms use a CRS as the booking

engine.

America West therefore asks us to

adopt rules allowing systems to charge

booking fees only for a transaction

involving actual travel and requiring

each system to deny its travel agency