61434 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

taking this action based on reports we

have received from Belgium’s Ministry

of Agriculture, which confirmed that a

case of BSE has occurred in Belgium.

This emergency situation makes

compliance with section 603 and timely

compliance with section 604 of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) impracticable. If we determine

that this rule will have a significant

economic impact on a substantial

number of small entities, then we will

discuss the issues raised by section 604

of the Regulatory Flexibility Act in our

Final Regulatory Flexibility Analysis.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has

retroactive effect to October 31, 1997;

and (3) does not require administrative

proceedings before parties may file suit

in court challenging this rule.

Paperwork Reduction Act

This rule contains no information

collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 94 is

amended as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

continues to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162,

and 450; 19 U.S.C. 1306, 21 U.S.C. 111, 114a,

134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR

2.22, 2.80, and 371.2(d).

§ 94.18 [Amended]

2. In § 94.18, paragraph (a) is

amended by adding the word

‘‘Belgium,’’ immediately before

‘‘France,’’.

Done in Washington, DC, this 12th day of

November 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–30230 Filed 11–17–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–284–AD; Amendment

39–10208; AD 97–24–01]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 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 all Dornier Model 328–100

series airplanes. This action requires

repetitive inspections to detect

migration or damage of the bushings of

the main landing gear (MLG) trailing

arm, and replacement of any damaged

or displaced bushing. This amendment

is prompted by reports indicating that

damagedor displaced bushings have

been found on several MLG trailing

arms of Dornier Model 328–100 series

airplanes. The actions specified in this

AD are intended to prevent failure of the

bushings of the MLG trailing arm, which

could result in collapse of the MLG

during landing.

DATES: Effective December 3, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

3, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 18, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

284–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

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 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:

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: The

Luftfahrt-Bundesamt (LBA), which is

the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on all

Dornier Model 328–100 series airplanes.

The LBA advises that fatigue damaged

or displaced bushings have been found

on several main landing gear (MLG)

trailing arms. This condition, if not

corrected, could result in collapse of the

MLG during landing.

Explanation of Relevant Service

Information

Dornier has issued Alert Service

Bulletin ASB–328–32–019, dated

September 17, 1997, which describes

procedures for repetitive visual

inspections to detect damage or

migration of the bushings of the MLG

trailing arm, and replacement of any

damaged or displaced bushing. The LBA

advises that it considers this alert

service bulletin to be mandatory, and

that it is in the process of issuing a

German airworthiness directive to

assure the continued airworthiness of

these airplanes in Germany.

FAA’s Conclusions

This airplane model is manufactured

in Germany 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 LBA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LBA,

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 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, this AD is being issued to require

accomplishment of the actions specified

in the alert service bulletin described

previously, except as discussed below.
Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61435

Differences Between This AD and the

Related Service Bulletin

Operators should note that, unlike the

procedures described in Dornier Alert

Service Bulletin ASB–328–32–019,

dated September 17, 1997, this AD does

not permit further flight if damage or

migration of the bushings is found. The

FAA has determined that, because of the

safety implications and consequences

associated with such damage, any

bushing that is found to be damaged or

displaced must be replaced prior to

further flight.

Interim Action

This AD is considered to be interim

action until final action is identified, at

which time the FAA may consider

additional rulemaking.

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–284–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

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:

97–24–01 DORNIER: Amendment 39–

10208. Docket 97–NM–284–AD.

Applicability: All Model 328–100 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 (f) 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 bushings of the

main landing gear (MLG) trailing arm, which

could result in collapse of the MLG during

landing, accomplish the following:

(a) For airplanes that have accumulated

3,000 total flight hours or more as of the

effective date of this AD: Within 7 days after

the effective date of this AD, conduct an

external visual inspection to detect damage

or migration of the bushings of each MLG

trailing arm, in accordance with Section

2.B(1) of Dornier Alert Service Bulletin ASB–

328–32–019, dated September 17, 1997.

(b) For airplanes that have accumulated

less than 3,000 total flight hours as of the

effective date of this AD: Prior to

accumulation of 3,000 total flight hours, or

within 300 flight hours after the effective

date of this AD, whichever occurs later,

conduct a detailed visual inspection to detect

damage of the bushings of each MLG trailing

arm, in accordance with Section 2.B(2) of

Dornier Alert Service Bulletin ASB–328–32–

019, dated September 17, 1997.

(c) If no damage or migration is detected

during the inspection required by paragraph

(a) or (b) of this AD within 300 flight hours

after the inspection, and thereafter at

intervals not to exceed 300 flight hours,

conduct a detailed visual inspection to detect

damage of the bushings of each MLG trailing

arm, in accordance with Section 2.B(2) of

Dornier Alert Service Bulletin ASB–328–32–

019, dated September 17, 1997.

(d) If any damage or migration is detected

during any inspection required by paragraph

(a), (b), or (c) of this AD, prior to further

flight, replace any affected bushing in

accordance with Section 2.B(2) of Dornier

Alert Service Bulletin ASB–328–32–019,

dated September 17, 1997. Thereafter, except

as provided by paragraph (e) of this AD,

continue to inspect the bushings in

accordance with paragraph (c) of this AD.

(e) For airplanes on which all bushings of

both MLG trailing arms have been replaced

in accordance with Dornier Alert Service

Bulletin ASB–328–32–019, dated September
61436 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

17, 1997: Within 3,000 flight hours after

replacement of the bushings, and thereafter at

intervals not to exceed 300 flight hours,

inspect the new bushings in accordance with

paragraph (c) of this AD.

(f) 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.

(g) 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.

(h) The inspection and replacement shall

be done in accordance with Dornier Alert

Service Bulletin ASB–328–32–019, dated

September 17, 1997. 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.

(i) This amendment becomes effective on

December 3, 1997.

Issued in Renton, Washington, on

November 10, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–30103 Filed 11–17–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–285–AD; Amendment

39–10209; AD 97–24–02]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–1A11, –2A12, and

–2B16 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 Bombardier Model

CL–600–1A11, –2A12, and –2B16 series

airplanes. This action requires repetitive

inspections to detect cracks of a certain

bulkhead web of the fuselage at certain

locations, and repair, if necessary. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified in this AD are intended to

detect and correct cracking in the

pressure bulkhead at frame station (FS)

409.00, which could result in

uncontrolled depressurization of the

airplane and/or reduced structural

integrity of the fuselage.

DATES: Effective December 3, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

3, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 18, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

285–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from

Bombardier, Inc., Canadair, Aerospace

Group, P.O. Box 6087, Station

Centreville, Montreal, Quebec H3C 3G9,

Canada. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York;

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Franco Pieri, Aerospace Engineer,

Airframe and Propulsion Branch, ANE–

171, FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7526; fax

(516) 568–2716.

SUPPLEMENTARY INFORMATION: Transport

Canada Aviation (TCA), which is the

airworthiness authority for Canada,

recently notified the FAA that an unsafe

condition may exist on certain

Bombardier Model CL–600–1A11,

–2A12, and –2B16 series airplanes. TCA

advises that the structural configuration

of these airplanes at frame station (FS)

409.00 is similar to that of Bombardier

Model CL–600–2B19 (Regional Jet

Series 100 and 200) series airplanes,

which was shown to have a

pressurization problem caused by

fatigue cracking in the underfloor

pressure bulkhead of the fuselage. TCA

has received several reports of cracking

at this same location on Bombardier

Model CL–600–1A11, –2A12, and

–2B16 series airplanes. This condition,

if not corrected, could result in

uncontrolled depressurization of the

airplane and/or reduced structural

integrity of the fuselage.

Other Relevant Rules

The FAA previously issued AD 97–

14–11, amendment 39–10082 (62 FR

38206, July 17, 1997), which requires

repetitive inspections to detect cracks of

a certain bulkhead web of the fuselage

at certain locations, and repair, if

necessary. That AD applies to certain

Bombardier Model CL–600–2B19

(Regional Jet Series 100 and 200) series

airplanes.

Explanation of Relevant Service

Information

The manufacturer has issued Canadair

Challenger Service Bulletin 601–0501,

dated September 12, 1997 [for Model

CL–600–2A12 (CL–601) and CL–600–

2B16 (CL–601–3A/–3R) series

airplanes]; Service Bulletin 604–53–007,

dated September 30, 1997 [for Model

CL–600–2B16 (CL–604) series

airplanes]; and Service Bulletin 600–

0679, dated September 12, 1997 [for

Model CL–600–1A11 (CL–600) series

airplanes]. These service bulletins

describe procedures for repetitive

detailed visual inspections to detect

fatigue cracking of the underfloor

pressure bulkhead at FS 409.00, and

repair, if necessary. TCA classified these

service bulletins as mandatory and

issued Canadian airworthiness directive

CF–97–16, dated September 25, 1997, in

order to assure the continued

airworthiness of these airplanes in

Canada.

FAA’s Conclusions

These airplane models are

manufactured in Canada 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, TCA has kept

the FAA informed of the situation

described above. The FAA has

examined the findings of TCA, reviewed

all available information, and

determined that AD action is necessary

for products of this type design that are