Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Rules and Regulations 7665

Authority: 7 U.S.C. 901–950(b); Pub. L. 99–

591, 100 Stat. 3341; Pub. L. 103–354, 108

Stat. 3178 (7 U.S.C. 6941 et seq.).

2. Section 1710.113 is amended by

redesignating the existing paragraph (c)

as paragraph (c)(1) and adding a new

paragraph (c)(2) to read as follows:

§ 1710.113 Loan security.

* * * * *

(c)(1) * * *

(2) The Administrator, at his or her

discretion, may approve the use of an

indenture patterned after those

indentures commonly used by utilities

engaged in private market financing, in

lieu of a mortgage as the security

instrument for loans to power supply

borrowers. The use of an indenture will

be by mutual agreement of the borrower

and the Administrator. The terms of

each indenture and related loan

agreement will be negotiated on a case

by case basis to best meet the needs of

the individual borrower and the

Government. The provisions of the

indenture and loan contract shall

control, notwithstanding any provisions

of 7 CFR Chapter XVII which may be in

conflict therewith.

* * * * *

Dated: February 10, 1997.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 97–3990 Filed 2–19–97; 8:45 am]

BILLING CODE 3410–15–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–24–AD; Amendment

39–9933; AD 97–04–09]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR42–300 and ATR42–320

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 Aerospatiale Model

ATR42–300 and ATR42–320 series

airplanes. This action requires repetitive

ultrasonic inspections to detect fatigue

cracks of the lower lugs of the barrel of

the main landing gear (MLG); and

replacement of cracked lower lugs with

new or serviceable ones and a follow-on

inspection. This amendment is

prompted by reports indicating that, due

to fatigue cracking in the lower lugs of

the barrel, the MLG collapsed. The

actions specified in this AD are

intended to detect and correct such

fatigue cracking, which could lead to

the collapse of the MLG.

DATES: Effective March 7, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 7,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

April 21, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

24–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from

Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. 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: Gary

Lium, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1112; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, recently notified

the FAA that an unsafe condition may

exist on certain Aerospatiale Model

ATR42–300 and ATR42–320 series

airplanes. The DGAC advises that it has

received reports indicating that the

main landing gear (MLG) collapsed on

two airplanes; one incident occurred

during taxi and the other during landing

roll. Investigation revealed that,

following normal overhaul or repair

procedures, moisture may enter the joint

between the fixed barrel and the shock

absorbing portion of the trailing arm of

the MLG. Such moisture could result in

corrosion and consequent fatigue

cracking in the lower lugs of the barrel

of the MLG, which is the main

attachment point for the joint.

Fatigue cracking in the lower lugs of

the barrel of the MLG, if not detected

and corrected in a timely manner, could

lead to the collapse of the MLG.

Explanation of Relevant Service

Information

Messier-Dowty has issued Service

Bulletin No. 631–32–132, dated January

21, 1997, which describes procedures

for performing repetitive ultrasonic

inspections to detect fatigue cracks of

the barrel lower lugs of MLG. The

service bulletin also describes

procedures for replacement of cracked

barrel lower lugs with new or

serviceable ones and a follow-on

inspection. The DGAC classified this

service bulletin as mandatory and

issued French airworthiness directive

96–294(B), dated January 15, 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 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 detect

and correct fatigue cracking in the lower

lugs of the barrel, which could result in

collapse of the MLG. This AD requires

repetitive ultrasonic inspections to

detect fatigue cracks of the lower lugs of

the barrel of MLG. This AD also requires

replacement of cracked lower lugs with

new or serviceable ones and a follow-on

inspection. The actions are required to

be accomplished in accordance with the

service bulletin described previously.

Interim Action

The FAA is considering further

rulemaking action to supersede this AD

to require modification of the lower lugs

of the barrel of the MLG, which will

constitute terminating action for the

repetitive inspections required by this

AD action. However, the planned

compliance time for these actions is

sufficiently long so that prior notice and

time for public comment will be

practicable.
7666 Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Rules and Regulations

In addition, the FAA is continuing to

investigate whether the existing design

of the lower lugs of the barrel makes

overhauls or repairs difficult to

accomplish correctly. Preliminary

investigation results indicate that,

following an improperly overhauled or

repaired lower lug of the barrel,

moisture could enter the joint between

the fixed barrel and the shock absorbing

portion of the trailing arm of the MLG.

Such moisture could result in corrosion

and consequent fatigue cracking in the

lower lugs of the barrel, which may lead

to the collapse of the MLG. Once final

action is identified, 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–24–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:

97–04–09 Aerospatiale: Amendment 39–

9933. Docket 97–NM–24–AD.

Applicability: Model ATR42–300 and

ATR42–320 series airplanes, on which the

lower lugs of the barrel of the main landing

gear (MLG) have been overhauled or

repaired, certificated in any category.

Note 1: This AD does not affect new barrel

assemblies that have never been overhauled

or repaired.

Note 2: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

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 fatigue cracking in the lower

lugs of the barrel and consequent collapse of

the MLG, accomplish the following:

(a) Prior to the accumulation of 2 years

time-in-service since last overhaul or repair

of the barrel lower lugs of the MLG, or within

60 days after the effective date of this AD,

whichever occurs later, perform an ultrasonic

inspection to detect fatigue cracks of the

lower lugs of the barrel of the MLG, in

accordance with Messier-Dowty Service

Bulletin 631–32–132, dated January 21, 1997.

(1) If no echo is detected or the echo is less

than 20%, repeat the ultrasonic inspection

thereafter at intervals not to exceed 700

landings.

(2) If any echo is greater than or equal to

20%, prior to further flight, replace the barrel

assembly with a new or serviceable barrel

assembly, in accordance with the service

bulletin. After replacement, prior to the

accumulation of 2 years time-in-service on

that replacement part, accomplish the actions

specified in paragraph (a) of this AD.

(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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(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 inspections and replacement shall

be done in accordance with Messier-Dowty

Service Bulletin 631–32–132, dated January

21, 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 Aerospatiale, 316 Route de Bayonne,
Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Rules and Regulations 7667

31060 Toulouse, Cedex 03, France. 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.

(e) This amendment becomes effective on

March 7, 1997.

Issued in Renton, Washington, on February

10, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–3843 Filed 2–19–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 97–CE–06–AD; Amendment 39–

9937; AD 97–04–02]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company (Formerly Beech

Aircraft Corporation) Models 1900,

1900C, and 1900D Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

97–04–02, which was sent previously to

known U.S. owners and operators of

certain Raytheon Aircraft Company

(Raytheon) Models 1900, 1900C, and

1900D airplanes (formerly referred to as

Beech Models 1900, 1900C, and 1900D

airplanes). This AD requires installing

new exterior operating instruction

placards for the airstair door, cargo

door, and emergency exits, as

applicable. This AD results from an

accident involving a Raytheon Model

1900C airplane that collided with

another airplane while completing its

landing roll. The ensuing fire destroyed

both airplanes. The actions specified by

this AD are intended to assure complete

instructions are visible for opening the

airstair door, cargo door, or emergency

exits, which, if not visible or

understandable, could result in the

inability to open the airstair door, cargo

door, or emergency exits during an

emergency situation.

DATES: Effective March 10, 1997, to all

persons except those to whom it was

made immediately effective by priority

letter AD 97–04–02, issued February 4,

1997, which contained the requirements

of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 10,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

April 25, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 97–CE–06–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from the

Raytheon Aircraft Company, P.O. Box

85, Wichita, Kansas 67201–0085. This

information may also be examined at

the Rules Docket at the address above,

or at the Office of the Federal Register,

800 North Capitol Street, NW., 7th

Floor, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Steve Potter, Aerospace Engineer,

Wichita Aircraft Certification Office,

FAA, 1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone (316) 946–4124; facsimile

(316) 946–4407.

SUPPLEMENTARY INFORMATION:

Discussion

On February 4, the FAA issued

priority letter AD 97–04–02, which

applies to the following Raytheon

Aircraft Company (formerly Beech

Aircraft Corporation) airplanes:

Model Serial No.

1900 .......................... UA–2 and UA–3.

1900C ........................ UB–1 through UB–74,

and UC–1 through

UC–174.

1900C (C–12J) .......... UD–1 through UD–6.

1900D ........................ UE–1 through UE–

268.

That AD resulted from an accident

involving a Raytheon Aircraft Company

(Raytheon) Model 1900C airplane

(formerly referred to as Beech Model

1900C) that collided with another

airplane while completing its landing

roll. The ensuing fire destroyed both

airplanes.

Investigation following the accident

indicates that all occupants of the

Raytheon Model 1900C survived the

impact of the collision. The emergency

crew was not able to open the forward

(main boarding) airstair door, and all

occupants of the airplane died of smoke

inhalation. The airstair door is unlocked

and opened from the outside by

depressing a release button while

simultaneously rotating the door handle

downward. The FAA believes that the

instructions for opening the main

boarding door of the Raytheon Model

1900C airplane were either not visible

or not easily understandable.

Inspection of another Raytheon Model

1900C airplane revealed incomplete

instructions for opening the airstair

door. Specifically, these instructions

consisted of a small placard with black

letters 2/10-inch high on a white

background, located aft and slightly

lower than the door handle with the

following information: ‘‘PUSH BUTTON

AND TURN HANDLE TO OPEN.’’ The

button was neither outlined nor highly

visible, and the instructions did not

include the requirement of depressing

the button while simultaneously

rotating the handle and they did not

indicate which direction to move the

handle.

Discussion of the Applicable Service

Information

The FAA has reviewed and approved

Raytheon Aircraft Mandatory Service

Bulletin No. 2741, Issued: February,

1997. This service bulletin specifies

installing (1) new exterior operating

instruction placards for the airstair door

and cargo door for Raytheon Models

1900 and 1900C airplanes; and (2) new

exterior operating instruction placards

for the airstair door, cargo door, and

emergency exits for Raytheon Model

1900D airplanes. The placards and

procedures for installing the placards

are included with the following kits:

Raytheon Part Number (P/N) 114–

5050–3, Exterior Marking Placard Kit,

for Model 1900 airplanes, serial

numbers UA–2 and UA–3.

Raytheon P/N 114–5050–1, Exterior

Marking Placard Kit, for Model 1900C,

serial numbers UB–1 through UB–74,

and UC–1 through UC–174; and Model

1900C (C–12J) airplanes, serial numbers

UD–1 through UD–6.

Raytheon P/N 129–5030–1, Exterior

Marking Placard Kit, for Model 1900D

airplanes, serial numbers UE–1 through

UE–268.

The FAA’s Determination and

Explanation of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Raytheon Models 1900,

1900C, and 1900D airplanes of the same

type design, the FAA issued priority

letter AD 97–04–02 to assure complete

instructions are visible for opening the

airstair door, cargo door, or emergency

exits, which, if not visible or

understandable, could result in the

inability to open the airstair door, cargo

door, or emergency exits during an

emergency situation. The AD requires

installing new exterior operating

instruction placards for the airstair door,

cargo door, and emergency exits, as