63286 Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Proposed Rules

averaged $.61 per pound, whereas

wholesale prices of cut-up broilers

averaged $.66 per pound. Second, the

potential for lowering production costs

using lower wage employees would be

offset by export fees, import fees and

increased shipping/transportation costs.

Considering these factors, FSIS does

not anticipate any measurable change in

market prices for processed poultry

products. Because of shipping and

transportation costs, FSIS expects most

of the change to be limited to firms

located relatively close to the Mexican

border. For the same reasons, FSIS does

not expect to see increases in poultry

imports from Mexico processed from

birds slaughtered in other countries

such as Canada and Great Britain.

Currently, Mexico imports very little

poultry from other countries. In 1996,

Mexico imported approximately 396

million pounds of poultry and poultry

products. More than 97 percent was

imported from the United States.

FSIS does not believe this rule would

offset enough product to affect domestic

poultry prices. In 1996, U.S. poultry

production was approximately 32.3

billion pounds on a ready-to-cook

carcass weight basis. The United States

exported approximately 386 million

pounds to Mexico. With this rule,

exports would likely increase more than

imports on a pound basis. However,

considering that imports would consist

of value-added products, it is possible

that the dollar value of imports will

increase more than the value of exports.

As noted above, FSIS is requesting

comments on the potential effect of this

proposal on small entities. While most

poultry is cut-up and boned in large

firms, there are many small businesses

involved in cut-up, boning and further

poultry processing operations. Although

changes in prices would affect these

small businesses, FSIS does not expect

measurable price changes for the

reasons already discussed.

Paperwork Requirements

No new paperwork requirements are

associated with this proposed rule.

Foreign countries wanting to export

poultry or poultry products to the

United States are required to provide

information to FSIS certifying that its

inspection system provides standards

equivalent to those of the United States

and that the legal authority for the

system and its implementing regulations

are equivalent to those of the United

States’s before they may start exporting

such product to the United States. FSIS

collects this information one time only.

FSIS gave Mexico questionnaires asking

for detailed information about the

country’s inspection practices and

procedures to assist the country in

organizing its materials. This

information collection was approved

under OMB number 0583–0094. The

proposed rule contains no other

paperwork requirements.

List of Subjects 9 CFR Part 381

Imports, Poultry and poultry

products.

For the reasons set out in the

preamble, 9 CFR part 381 would be

amended as follows:

PART 381—POULTRY PRODUCTS

INSPECTION REGULATIONS

1. The authority citation for part 381

would continue to read as follows:

Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21

U.S.C. 451–470; 7 CFR 2.18, 2.53.

§ 381.196 [Amended]

2. Section 381.196 would be amended

by adding ‘‘Mexico’’ in alphabetical

order to the list of countries in

paragraph (b).

Done at Washington, DC, on: November 18,

1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97–31177 Filed 11–24–97; 10:10 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–154–AD]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 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 all

Dornier Model 328 series airplanes. This

proposal would require a one-time

inspection of the date stamp affixed to

the wing deicing boots to determine the

cure date, and replacement of the

deicing boot with a new boot, 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 prevent delamination of

the wing deicing boots, and resultant

inflation of the deicing boots to a

distorted aerodynamic shape during

flight, which could result in reduced

controllability of the airplane.

DATES: Comments must be received by

December 29, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

154–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

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.

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

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–154–AD.’’ The
Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Proposed Rules 63287

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–154–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, notified the FAA that an

unsafe condition may exist on all

Dornier Model 328–100 series airplanes.

The LBA advises that it has received

two reports indicating that, during

routine inspections, a wing deicing boot

was found to be delaminated. The cause

of the delamination of certain boots (i.e.,

those having cure dates of January 31,

1994, or earlier) has been attributed to

the curing process used during

manufacture. This condition, if not

detected and corrected in a timely

manner, could allow a deicing boot to

inflate to a distorted aerodynamic shape

during flight, which could result in

reduced controllability of the airplane.

Explanation of Relevant Service

Information

Dornier has issued Service Bulletin

SB–328–30–171, dated September 20,

1996, including Annexes 1 and 2

(undated), which describes procedures

for performing a one-time visual

inspection of the date stamp affixed to

the wing deicing boots to determine the

cure date; and replacement of the boot

with a new boot, if the cure date is

January 31, 1994, or earlier. The LBA

classified this service bulletin as

mandatory and issued German

airworthiness directive 96–320, dated

November 7, 1996, in order 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

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 50 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $3,000, or

$60 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:

Dornier: Docket 97–NM–154–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 (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 delamination of the wing

deicing boots and resultant inflation of the

deicing boots to a distorted aerodynamic

shape during flight, which could result in

reduced controllability of the airplane,

accomplish the following:

(a) Within 120 days after the effective date

of this AD, perform a one-time visual

inspection of the date stamp affixed to each

wing deicing boot to determine the cure date,

in accordance with Dornier Service Bulletin

SB–328–30–171, dated September 20, 1996,

including Annexes 1 and 2 (undated). If the

cure date of any deicing boot is January 31,

1994, or earlier, or if the cure date of the

deicing boot cannot be determined, prior to

further flight, replace the deicing boot with

a new deicing boot having a cure date later

than January 31, 1994, in accordance with

the service bulletin.

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

person shall install on any airplane a wing

deicing boot having a cure date of January 31,

1994, or earlier.

(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,

nternational 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.
63288 Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Proposed Rules

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 German airworthiness directive 96–320,

dated November 7, 1996.

Issued in Renton, Washington, on

November 20, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31157 Filed 11–26–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–231–AD]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica, S.A.

(EMBRAER), Model

EMB–120 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 EMBRAER Model EMB–120

series airplanes. This proposal would

require deactivation of certain circuit

breakers, and a revision to the Airplane

Flight Manual (AFM) to provide

operational procedures to prevent loss

of electrical power following an engine

flameout. This proposal also would

require modifications of the electrical

system, which would terminate the

requirement for the AFM revision and

allow reactivation of the circuit

breakers. This proposal is prompted by

the issuance of mandatory continued

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent generator

overload conditions that could result in

loss of electrical power and failure of

certain flight and landing control

systems, and to prevent power

interruption to the attitude heading

reference system (AHRS) that could

result in the display of erroneous

heading information.

DATES: Comments must be received by

December 29, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

231–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

Empresa Brasileira de Aeronautica S/A,

Sao Jose dos Campos, Brazil. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small

Airplane Directorate, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: John

W. McGraw, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30349; telephone (770)

703–6098; fax (770) 703–6097.

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 97–NM–231–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–231–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Departamento de Aviacao Civil

(DAC), which is the airworthiness

authority for Brazil, notified the FAA

that an unsafe condition may exist on

certain EMBRAER Model EMB–120

series airplanes. The DAC advises that

it received a report of one instance of

substantial electrical power loss after

flameout of the number 1 engine. The

power loss was caused by activation of

the system overload protection due to

excessive loads on the remaining

number 2 engine generator, which led to

loss of certain flight and landing control

systems. The DAC also advises that, due

to power interruption for a few

milliseconds to the attitude heading

reference system (AHRS), erroneous

heading information in both electronic

horizontal situation indicators (EHSI)

may be provided, without warning to

the pilots, during an electrical

emergency or when the electrical

emergency switch is set to the

‘‘EMERGENCY’’ position. This

condition, if not corrected, could result

in generator overload conditions that

could result in loss of electrical power

and failure of certain flight and landing

control systems, and power interruption

to the AHRS that could result in display

of erroneous heading information.

Explanation of Relevant Service

Information

EMBRAER has issued Service Bulletin

120–24–0008, Change 04, dated October

3, 1995, which describes procedures for

modification of the electrical system.

This modification involves revising

the electrical connections and wiring in

the relay boxes and circuit breaker

panels.

EMBRAER has also issued Service

Bulletin 120–24–0051, Change 04, dated

March 8, 1995, which also describes

procedures for modification of the

electrical system. This modification

involves electrical load redistribution

and introduction of a contactor to

connect a direct current (DC) bus to the

emergency bus.

Accomplishment of the actions

specified in these service bulletins is