63828 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations

(7) The maximum nominal U–235

enrichment of the fresh fuel assemblies

is limited to no greater than five (5.0)

percent by weight.

PART 70—DOMESTIC LICENSING OF

SPECIAL NUCLEAR MATERIAL

1. The authority citation for 10 CFR

Part 70 continues to read as follows:

Authority: Secs. 51, 53, 161, 182, 183, 68

Stat. 929, 930, 948, 953, 954, as amended,

sec. 234, 83 Stat. 444, as amended, sec. 1701,

106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071,

2073, 2201, 2232, 2233, 2282, 2297f); secs.

201, as amended, 202, 204, 206, 88 Stat.

1242, as amended, 1244, 1245, 1246, (42

U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued

under secs. 135, 141, Pub. L. 97–425, 96 Stat.

2232, 2241 (42 U.S.C. 10155, 10161). Section

70.7 also issued under Pub. L. 95–601, sec.

10, 92 Stat. 2951 (42 U.S.C. 5851). Section

70.21(g) also issued under sec. 122, 68 Stat.

939 (42 U.S.C. 2152). Section 70.31 also

issued under sec. 57d, Pub. L. 93–377, 88

Stat. 475 (42 U.S.C. 2077). Sections 70.36 and

70.44 also issued under sec. 184, 68 Stat. 954,

as amended (42 U.S.C. 2234).

Section 70.61 also issued under secs. 186,

187, 68 Stat. 955 (42 U.S.C. 2236, 2237).

Section 70.62 also issued under sec. 108, 68

Stat. 939, as amended (42 U.S.C. 2138).

2. In § 70.24, paragraph (d) is revised

to read as follows:

§ 70.24 Criticality accident requirements.

* * * * *

(d) The requirements in paragraph (a)

through (c) of this section do not apply

to holders of a construction permit or

operating license for a nuclear power

reactor issued pursuant to part 50 of this

chapter, or combined licenses issued

under part 52 of this chapter, if the

holders comply with the requirements

of paragraph (b) of 10 CFR 50.68 of this

chapter.

Dated at Rockville, Maryland this 14th day

of November, 1997.

For the Nuclear Regulatory Commission.

L. Joseph Callan,

Executive Director for Operations.

[FR Doc. 97–31733 Filed 12–2–97; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–CE–99–AD; Amendment 39–

10229; AD 96–24–17 R1]

RIN 2120–AA64

Airworthiness Directives; The Don

Luscombe Aviation History Foundation

Models 8, 8A, 8B, 8C, 8D, 8E, 8F, T–8F

Airplanes; Correction

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This document clarifies

information in airworthiness directive

(AD) 96–24–17, which applies to Don

Luscombe Aviation History Foundation

(Luscombe) Models 8, 8A, 8B, 8C, 8D,

8E, 8F, T–8F airplanes. AD 96–24–17

currently requires installing new

inspection holes, modifying the wing tip

fairings, and inspecting the wing spars

for intergranular corrosion. The actions

specified in AD 96–24–17 are intended

to prevent wing spar failure from

intergranular corrosion, which could

result in structural failure of the wings

and loss of control of the airplane. The

AD was published with an Appendix

providing an alternative method of

compliance. Since issuance of AD 96–

24–17, the FAA has re-examined the

Appendix and has determined that

clarification of certain inspections

procedures is needed. This action

clarifies the procedures specified in the

Appendix of AD 96–24–17.

DATES: Effective January 27, 1997.

The incorporation by reference of the

Don Luscombe Aviation History

Foundation Recommendation #2, dated

December 15, 1993, revised November

21, 1995, as listed in the regulations,

was previously approved by the Director

of the Federal Register as of January 27,

1997 (61 FR 66900, December 19, 1996).

FOR FURTHER INFORMATION CONTACT: Mr.

Sol Davis, Aerospace Engineer, Los

Angeles Aircraft Certification Office,

FAA, 3960 Paramount Boulevard,

Lakewood, California 90712; telephone

(562) 627–5233; facsimile (562) 627–

5210.

SUPPLEMENTARY INFORMATION:

Discussion

On November 25, 1996, the FAA

issued AD 96–24–17, Amendment 39–

9841 (61 FR 66900, December 19, 1996),

which applies to Luscombe Models 8,

8A, 8B, 8C, 8D, 8E, 8F, T–8F airplanes.

This AD currently requires installing a

total of four additional wing inspection

holes in the metal covered wings to

assist in conducting a more thorough

examination of the wing spars,

modifying the wing tip fairing so that it

is removable, and providing easier

access to the interior of the wings. A one

time inspection for intergranular

corrosion is required for both metal

covered and fabric covered wings on

these Luscombe 8 series airplanes in the

areas of the front and rear spar

extrusions of the wing installations.

Need for the Correction

AD 96–24–17 was published with an

Appendix that provided an alternative

method of compliance. The FAA has

received reports that certain portions of

the Appendix need clarification.

Therefore, the FAA re-examined the

procedures specified in the Appendix

and has clarified items 2, 4, 6, 7, and 8,

as well as clarifying a note regarding

additional wing support.

Correction of Publication

This document clarifies the Appendix

to AD 96–24-17, and adds the AD as an

amendment to § 39.13 of the Federal

Aviation Regulations (14 CFR 39.13).

The AD, as corrected, is being printed

in its entirety for the convenience of

affected operators. The effective date of

the AD remains January 27, 1997, which

is the effective date of the AD as

originally issued.

Since this action only clarifies the

Appendix instructions, it has no adverse

economic impact and imposes no

additional burden on any person.

Therefore, the FAA has determined that

prior notice and opportunity for public

comment are unnecessary.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Correction

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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13, is amended by

removing Airworthiness Directive (AD)

96–24–17, Amendment 39–9841 (61 FR
Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations 63829

66900, December 19, 1996), and by

adding a new AD to read as follows:

96–24–17 R1. The Don Luscombe Aviation

History Foundation (formerly The

Luscombe Aircraft Company):

Amendment 39–10229; Docket No. 95–

CE–99–AD. Revises AD 96–24–17,

Amendment 39–9841.

Applicability: Models 8, 8A, 8B, 8C, 8D,

8E, 8F, and T–8F airplanes (all serial

numbers), certificated in any category.

Note 1: 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 (e) 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 within the next 12

calendar months after January 27, 1997 (the

effective date of AD 96–24–17), unless

already accomplished (compliance with AD

96–24–17).

To prevent wing spar failure from

intergranular corrosion, which could result

in structural failure of the wings and loss of

control of the airplane, accomplish the

following:

(a) For airplanes with metal covered wings:

(1) Install two additional wing inspection

holes (left wing and right wing) using the

Don Luscombe Aviation History Foundation

(DLAHF) Kit #8007, Wing Access and

Inspection Kit, in accordance with the

Compliance Procedures section, paragraphs

‘‘1B Metal Covered Wings.’’, (a), (a1.) through

(a9.), and (b.) of The Don Luscombe Aviation

History Foundation Recommendation #2,

dated December 15, 1993, revised November

21, 1995; and,

(2) Modify the wing tip fairing using the

DLAHF Kit #8007, Wing Access and

Inspection Kit, in accordance with the

Compliance Procedures section, paragraphs

‘‘1B Metal Covered Wings.’’, (c), and (c1.)

through (c5.) of The Don Luscombe Aviation

History Foundation Recommendation #2,

dated December 15, 1993, revised November

21, 1995.

(b) For all affected airplanes, inspect one

time for intergranular corrosion in the areas

of the front and rear spar extrusions of the

wing installations and if corrosion is found,

prior to further flight, replace the corroded

part in accordance with the Compliance

Procedures section, paragraph ‘‘1A. Fabric

Covered Wings.’’ or paragraph ‘‘2. Inspect’’ of

The Don Luscombe Aviation History

Foundation Recommendation #2, dated

December 15, 1993, revised November 21,

1995, whichever paragraph is applicable to

the wing construction of the airplane.

(c) For airplanes with metal covered wings,

an alternative method of compliance for the

required modification in paragraphs (a)(1)

and (a)(2) of this AD can be accomplished in

accordance with the procedures contained in

the Appendix to this AD, unless already

accomplished (compliance with AD 96–24–

17).

Note 2: Although not required by this AD,

the FAA recommends inspection of the spars

for other forms of corrosion which may be a

result of nest residue from rodent, bird, or

insect infestation within the cavity of the

wing. Advisory Circular 43–4A, Corrosion

Control for Aircraft, dated July 25, 1991,

contains the recommended maintenance

procedures for treatment of such corrosion.

(d) Special flight permits may be issued in

accordance with §§ 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.

(e) An alternative method of compliance

(AMOC) or adjustment of the compliance

time that provides an equivalent level of

safety may be approved by the Manager, Los

Angeles Aircraft Certification Office, 3960

Paramount Blvd., Lakewood, California,

90712. The request shall be forwarded

through an appropriate FAA Maintenance

Inspector, who may add comments and then

send it to the Manager, Los Angeles Aircraft

Certification Office. AMOC’s approved in

accordance with AD 96–24–17, are

considered approved as AMOC’s with this

AD, including:

(1) DLAHF Service Recommendation #2,

dated December 15, 1993, Revised:

September 9, 1997, is an AMOC for the wing

modifications, wing-tip modifications,

corrosion inspection and replacement

requirements, and general inspection/

modification requirements of paragraphs

(a)(1), (a)(2), (b), and (f) of this AD,

respectively.

(2) J. Norris Luscombe Service

Recommendation #97–1, Revision dated

September 10, 1997, is an AMOC for the

alternative inspection procedures in the

Appendix to this AD.

(3) DLAHF Service Recommendation #7,

dated October 23, 1997 (no revision), is an

AMOC for the wing modifications, wing-tip

modification, corrosion inspection and

replacement requirements, and general

inspection/modification requirements of

paragraphs (a)(1), (a)(2), (b), and (f) of this

AD, respectively.

Note 3: Information concerning the

existence of AMOC’s with this AD, if any,

may be obtained from the Los Angeles

Aircraft Certification Office.

(f) The inspections and modifications

required by this AD shall be done in

accordance with The Don Luscombe Aviation

History Foundation Recommendation #2,

dated December 15, 1993, REVISED

November 21, 1995. This incorporation by

reference was previously approved by the

Director of the Federal Register as of January

27, 1997 (61 FR 66900, December 19, 1996).

Copies may be obtained from The Don

Luscombe Aviation History Foundation, P.O.

Box 63581, Phoenix, Arizona 85082. Copies

may be inspected at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(g) This amendment (39–10229) becomes

effective on January 27, 1997.

Appendix to AD 96–24–17 R1

I. Alternative Inspection Procedures for

luscombe Model 8, 8A, 8B, 8C, 8D, 8E, 8F,

T–8F Airplanes That Have Not

Accomplished the Inspection in Accordance

With the Procedures in the Don Luscombe

Aviation History Foundation

Recommendation #2, Dated December 15,

1993; Revised November 21, 1995

1. Remove ALL existing wing root fairings,

wing inspection hole covers, and wing strut

cover plates on both the right and left wing.

2. Loosen the rear wing spar root attach

bolts on both the right and left wings (one

each wing) to permit a small wing

angulation.

3. Perform a visual inspection of the

extruded rear spar aft face of the left and

right wing.

4. Inspect the face of the aft rear spar from

the root to the spliced sheet metal tip spar

at the wing root fairing location.

Note: In the location under the forward

spars, support both wings at normal height

by any stable means, such as a ladder and

padded lashed block. This will support the

wing as the wing strut is removed. Avoid

excess vertical angulation of the wing as this

may stress the wing root attach point.

5. To permit removal of the wing strut,

unbolt the wing strut and remove the strut

carefully.

6. Using suitable light and the access

gained by the wing strut hole, visually

inspect the front of the rear spar and the rear

of the front spar for abnormal bulges or

erupted spar surfaces. (See also Note 2 in the

body of AD 96–24–17 R1).

7. Remove the wing tip fairing by drilling

out the rivets (using a #30 drill or smaller),

and inspect the spars for abnormal bulges or

erupted spar surfaces in the ‘‘U channel

attach area’’ of each spar, and the outer

lengths to the splices of the sheet metal spar

extrusions. (See Note 2 in the body of AD 96–

24–17 R1).

Note: Inspection of the front of the front

spar may be performed by using the existing

inspection holes and a ‘‘light trolley’’ on the

upper aileron cable. The light trolley is made

from a standard clear 110 volt bathroom

night light connected to a candelabra socket

lamp extension cord. Attach the light trolley

to the upper aileron cable with a tie wrap,

connect a wire of suitable length to the tie

wrap and use this as a means to move the

light along the face of the spar.

8. Replace rivets through the skin and

front/rear spars with AN426 flush rivets to

secure former, spar and skin. Install at least

6 rivnuts (3 on top/3 on bottom) through the

skin and former. Reattach wing tip fairings

with #8/32 rivnuts or #8/32 × 1/2 machine

screws, through the fairing, skin, and

formers.

9. Reassemble the wing strut on inspected

wing, protecting the root joint by avoiding

excess vertical deflection. Check the lock

nuts for wear and replace as necessary.
63830 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations

Torque the strut ends and wing root bolts

using adequate torque (do not over torque the

attach fittings).

10. If evidence of intergranular corrosion is

detected, remove and replace the corroded

part with an airworthy part.

11. Upon completion of the inspection,

replace the wing root fairings, wing

inspection hole covers and wing strut covers.

Issued in Kansas City, Missouri on

November 25, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–31680 Filed 12–2–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–22–AD; Amendment 39–

10225; AD 97–25–02]

RIN 2120–AA64

Airworthiness Directives; Mitsubishi

Heavy Industries MU–2B Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Mitsubishi Heavy Industry

(Mitsubishi) MU–2B series airplanes.

This AD requires amending the

Limitations Section of the airplane flight

manual (AFM) to prohibit the

positioning of the power levers below

the flight idle stop while the airplane is

in flight. This AFM amendment will

include a statement of consequences if

the limitation is not followed. This AD

results from numerous incidents and

five documented accidents involving

airplanes equipped with turboprop

engines where the propeller beta was

improperly utilized during flight. The

actions specified by this AD are

intended to prevent loss of airplane

control or engine overspeed with

consequent loss of engine power caused

by the power levers being positioned

below the flight idle stop while the

airplane is in flight.

EFFECTIVE DATE: January 21, 1998.

ADDRESSES: Information related to this

AD may be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–22–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT:

William Schinstock, Aerospace

Engineer, Wichita Aircraft Certification

Office, FAA, 1801 Airport Road,

Wichita, Kansas 67209; telephone (316)

946–4162; facsimile (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to all Mitsubishi Heavy Industry

(Mitsubishi) MU–2B series airplanes

was published in the Federal Register

as a notice of proposed rulemaking

(NPRM) on July 2, 1997 (62 FR 35696).

The NPRM proposed to require

amending the Limitations Section of the

AFM to prohibit the positioning of the

power levers below the flight idle stop

while the airplane is in flight, including

a statement of consequences if the

limitation is not followed. This AFM

amendment shall consist of the

following language:

Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may lead to

loss of airplane control or may result in an

overspeed condition and consequent loss of

engine power.

The NPRM was the result of

numerous incidents and five

documented accidents involving

airplanes equipped with turboprop

engines where the propeller beta was

improperly utilized during flight.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the two

comments received from the

manufacturer, Mitsubishi Heavy

Industries, Inc.

Comment Issue No. 1: Change the

‘‘Explanation of the Provisions of the

Proposed AD’’ Section of the NPRM

Mitsubishi explains that the statement

‘‘Since an unsafe condition has been

identified that could exist or develop on

other Mitsubishi MU–2B airplanes of

the same type design,’’ is misleading in

that it leads the reader to believe that

there is a design flaw with the MU–2B

series airplanes. Mitsubishi includes

proposed language to replace this

phrase.

The FAA concurs that this statement

could be misleading. This language is

not repeated in the final rule so

therefore no change is needed at this

time. The FAA will keep Mitsubishi’s

comments in mind while drafting future

AD’s. No changes have been made to the

final rule as a result of this comment.

Comment Issue No. 2: The Model MU–

2B–26A Excluded From the NPRM

Mitsubishi states that the Model MU–

2B–26A airplanes are excluded from the

NPRM, and asks if this was an oversight

on the FAA’s part. Mitsubishi feels that

these airplanes should be included in

the AD.

Mitsubishi is correct in assuming that

excluding the Model MU–2B–26A

airplanes from the NPRM was an

oversight. To add these airplanes in this

rulemaking action would require the

FAA to reopen the comment period and

delay final rule action for all of the MU–

2B series airplanes. The FAA will

address the Model MU–2B–26A

airplanes in a future rulemaking action.

No changes have been made to the final

rule as a result of this comment.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Compliance Time of This AD

The FAA has determined that the

compliance time of this AD should be

specified in calendar time instead of

hours time-in-service. While the

condition addressed by this AD is

unsafe while the airplane is in flight, the

condition is not a result of repetitive

airplane operation; the potential of the

unsafe condition occurring is the same

on the first flight as it is for subsequent

flights. The compliance time of ‘‘30 days

after the effective date of this AD’’ will

not inadvertently ground airplanes and

would assure that all owners/operators

of the affected airplanes accomplish this

AD in a reasonable time period.

Cost Impact

The FAA estimates that 437 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

1 workhour per airplane to incorporate

the required AFM amendment, and that

the average labor rate is approximately

$60 an hour. Since an owner/operator

who holds at least a private pilot’s

certificate can accomplish this AD, as

authorized by sections 43.7 and 43.9 of

the Federal Aviation Regulations (14

CFR 43.7 and 43.9), the only cost impact

upon the public is the time it will take

the affected airplane owner/operators to

amend the AFM.