63042 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules

affected by this proposed AD, that it

would take approximately 8 work hours

per airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would cost approximately $4,000 per

airplane. Based on these figures, the cost

impact of the proposed AD on U.S.

operators is estimated to be $89,600, or

$4,480 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:

Dassault Aviation: Docket 97–NM–189–AD.

Applicability: All Model Mystere Falcon

200 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 (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 fuel contamination or increased

risk of explosion in the fuselage fuel tank as

a result of degradation of the polyurethane

foam used in the fuselage fuel tanks,

accomplish the following:

(a) Replace the polyurethane foam in the

fuselage fuel tanks with new foam, in

accordance with procedures specified in

Chapter 5 of the Dassault Falcon 200

Maintenance Manual, at the later of the times

specified in paragraph (a)(1) or (a)(2) of this

AD. Thereafter, replace the foam with new

foam at intervals not to exceed 8 years.

(1) Within 8 years after the last

replacement of the foam; or

(2) Within 7 months or 350 flight hours

after the effective date of this AD, whichever

occurs first.

(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 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.

(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.

Note 3: The subject of this AD is addressed

in French airworthiness directive (CN) 96–

078–021(B), dated April 10, 1996.

Issued in Renton, Washington, on

November 19, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31024 Filed 11–25–97; 8:45 am]

BILLING CODE 4010–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–200–AD]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace BAe Model ATP 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 British Aerospace BAe Model

ATP airplanes. This proposal would

require repetitive inspections to detect

uneven wear of the heat pack of the

main landing gear (MLG) brake unit;

measurement and setting of the wear

remaining length (WRL) of the wear

indicator pin (WIP); and replacement of

the brake heat pack unit with a

serviceable unit, 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 detect uneven wear of the

brake heat pack unit and prevent failure

of the pressure stator of the MLG brake

unit, which could result in reduced

braking efficiency and consequent

longer stopping distances upon landing.

DATES: Comments must be received by

December 26, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

200–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

AI(R) American Support, Inc., 13850

McLearen Road, Herndon, Virginia

20171. This information may be

examined at the FAA, Transport
Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules 63043

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 96–NM–200–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.

96–NM–200–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, notified the FAA

that an unsafe condition may exist on

certain British Aerospace BAe Model

ATP airplanes. The CAA advises it

received reports indicating that the heat

pack unit of the main landing gear

(MLG) brake unit has exhibited uneven

wear at the pressure stator/first rotor

interface in some instances, which has

resulted in a small number of failures of

the pressure stator. The pressure stator

failures have been attributed to incorrect

wear remaining length (WRL) indicated

by the wear indicator pin (WIP). Such

uneven wear and/or failure of the

pressure stator/first rotor interface of the

brake units, if not corrected, could

result in reduced braking efficiency and

consequent longer stopping distances

upon landing.

Explanation of Relevant Service

Information

Jetstream has issued Service Bulletin

ATP/J61–32–71, dated May 23, 1996,

and Revision 1, dated June 18, 1996,

which describe procedures for repetitive

inspections to detect uneven wear of the

heat pack of the MLG brake unit at the

pressure stator/first rotor interface;

measurement and setting of the WRL of

the WIP to indicate the correct amount

of allowable remaining wear of the

brake heat pack unit; and replacement

of the brake heat pack unit with a

serviceable unit, if necessary. (The

Jetstream service bulletin references

Dunlop service Bulletin AHA1612/

AHA2004–32–1122, dated April 16,

1996, as an additional source of service

information for inspecting the brakes,

measuring the WRL of the WIP, and

setting the corrected length of the pin.

The CAA classified the Jetstream

service bulletin as mandatory and

issued British airworthiness directive

002–05–96 in order to assure the

continued airworthiness of these

airplanes in the United Kingdom.

FAA’s Conclusions

This airplane model is manufactured

in the United Kingdom 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 CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

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.

Differences Between Proposed AD and

Service Information

Operators should note that certain

procedures described in the referenced

Dunlop Service Bulletin are not

included in this AD. Those procedures

address the possible delay in the

accomplishment of some of the work

tasks due to the lack of qualified

persons to set the WRL of the WIP.

However, this AD permits no delay in

setting the corrected length of the pin.

Cost Impact

The FAA estimates that 10 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 5 work hours 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 $300 per airplane.

The cost impact figures discussed

above are 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.
63044 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules

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:

British Aerospace Regional Aircraft

[Formerly Jetstream Aircraft Limited;

British Aerospace (Commercial Aircraft)

Limited]: Docket 96–NM–200–AD.

Applicability: BAe Model ATP airplanes

having constructors numbers 2002 through

2067 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.

Compliance: Required as indicated, unless

accomplished previously.

To detect uneven wear of the brake heat

pack unit and prevent failure of the pressure

stator of the main landing gear (MLG) brake

unit, which could result in reduced braking

efficiency and consequent longer stopping

distances upon landing, accomplish the

following:

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

after the effective date of this AD: Perform an

inspection of the brake units of the left and

right MLG to detect uneven wear at the

pressure stator/first rotor interface, measure

the wear remaining length (WRL) of the wear

indicator pin (WIP), and accomplish the

action specified in paragraph (a)(1) or (a)(2)

of this AD, as applicable; in accordance with

Jetstream Service Bulletin ATP/J61–32–71,

dated May 23, 1996, or Revision 1, dated

June 18, 1996.

Note 2: Jetstream Service Bulletin ATP/

J61–32–71, dated May 23, 1996, and Revision

1, dated June 18, 1996, reference Dunlop

Service Bulletin AHA1612/AHA2004–32–

1122, dated April 16, 1996, as an additional

source of service information for procedures

to inspect the brakes, measure the wear

remaining length (WRL) of the wear indicator

pin (WIP), and set the corrected length of the

pin.

(1) If the WRL of the WIP is greater than

or equal to 0.5 inches: Repeat the action

required in paragraph (a) of this AD

thereafter at intervals not to exceed 300 hours

TIS.

(2) If the WRL of the WIP is less than 0.5

inches: Prior to further flight, measure the

thickness of the pressure stator and

accomplish the action specified in paragraph

(a)(2)(i) or (a)(2)(ii) of this AD, as applicable;

and repeat the action required in paragraph

(a) of this AD thereafter at intervals not to

exceed 300 hours TIS.

(i) If the pressure stator is less than or

equal to 0.31 inches thick: Replace the heat

pack of the MLG brake unit with a

serviceable unit and set the WRL of the WIP

to indicate the corrected WRL measurement.

(ii) If the pressure stator exceeds 0.31

inches thick: Set the WRL of the WIP to

indicate the corrected WRL measurement.

(b) If, during any inspection required by

this AD, the WRL of the WIP on any brake

unit shows that the wear status of the brake

heat pack is outside the acceptable limits

specified in Jetstream Service Bulletin ATP/

J61–32–71, dated May 23, 1996, or Revision

1, dated June 18, 1996: Prior to further flight,

replace the brake heat pack unit with a

serviceable unit in accordance with the

referenced service bulletin; and repeat the

action required in paragraph (a) of this AD

thereafter at intervals not to exceed 300 hours

TIS.

(c) An alternative method of compliance or

adjustment of the initial 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 additional

comments, and then send it to the Manager,

International Branch, ANM–116.

Note 3: 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 4: The subject of this AD is addressed

in British airworthiness directive 002–05–96.

Issued in Renton, Washington, on

November 19, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31023 Filed 11–25–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Parts 773, 778, and 843

RIN 1029–AB94

Ownership and Control; Redesign

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Advance notice of proposed

rulemaking; extension of public

comment period and notice of public

meetings.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM),

United States Department of the Interior

(DOI) published a notice that it would

hold public meetings in order to solicit

comments, concerns, and new ideas

regarding the drafting of new ownership

or control, permit information, and

improvidently issued permit regulations

to implement certain provisions of the

Surface Mining Control and

Reclamation Act of 1977. The notice

invited written comments regarding the

drafting of these regulations and advised

that a concept/issue paper has been

prepared to assist those interested in

commenting or preparing for the

meetings. The notice also stated that

OSM would meet with interested

persons and accept written comments

through December 15, 1997. OSM is

now extending the time during which

written comments may be submitted

and announcing the dates and locations

for public meetings.

DATES: Written comments: The date for

submitting written comments is

extended until 5:00 p.m., Eastern Time

on January 16, 1998.

Public Meetings: The period in which

to request a meeting is unchanged.

Requests for meetings should be made

prior to December 1, 1997. Public

meetings have already been scheduled

for seven locations. See SUPPLEMENTARY

INFORMATION for the dates, times and

locations.

ADDRESSES: Written comments and

requests for concept/issue paper: Hand

deliver or mail to Earl Bandy, Office of

Surface Mining Reclamation and

Enforcement, AVS Office, 2679 Regency

Road, Lexington, Kentucky 40503.

Telephone: (800) 643–9748. E-mail:

ebandy@osmre.gov.

Telefax: Copies of the concept/issue

paper may be obtained from FAX ON

DEMAND by calling 202–219–1703 and

following the instructions on the

recorded announcement. The concept/

issue paper document code is 3009.