Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations 8615

(a) Perform a high frequency eddy current

(HFEC) inspection to detect cracking of the

front spar web of the center section of the

wing, in accordance with Boeing Alert

Service Bulletin 747–57A2298, Revision 1,

dated September 12, 1996, at the time

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

AD, as applicable.

(1) For airplanes that have accumulated

12,000 to 17,999 total landings as of the

effective date of this AD: Perform the initial

inspection within 12 months after the

effective date of this AD, unless previously

accomplished within the last 12 months.

Perform this inspection again prior to the

accumulation of 18,000 total landings or

within 1,400 landings, whichever occurs

later; after accomplishing the initial

inspection, and thereafter at intervals not to

exceed 1,400 landings.

(2) For all other airplanes: Perform the

initial inspection prior to the accumulation

of 18,000 total landings or within 12 months

after the effective date of this AD, whichever

occurs later. Repeat this inspection thereafter

at intervals not to exceed 1,400 landings.

(b) Except as provided by paragraph (c) of

this AD, if any cracking is detected during an

inspection required by paragraph (a) of this

AD, prior to further flight, repair in

accordance with paragraph (b)(1) or (b)(2) of

this AD, as applicable. Thereafter repeat the

HFEC inspection required by paragraph (a) of

this AD at intervals not to exceed 1,400

landings.

(1) If any vertical crack is found that is less

than 10 inches in length, repair in

accordance with Boeing Alert Service

Bulletin 747–57A2298, Revision 1, dated

September 12, 1996.

(2) If any vertical crack is found that is 10

inches or greater in length; or if any crack is

found that has extended in a diagonal

direction (regardless of length); or if any

crack is found that would affect an existing

repair; repair in accordance with a method

approved by the Manager, Seattle Aircraft

Certification Office (ACO), FAA, Transport

Airplane Directorate.

(c) In lieu of accomplishing the procedures

specified in paragraph (b) of this AD: If a

crack in the front spar web is detected during

an HFEC inspection required by paragraph

(a) of this AD, prior to further flight,

operators may accomplish the procedures for

an optional HFEC inspection to confirm

cracking, as described in paragraph III.D.2. of

the Accomplishment Instructions of Boeing

Alert Service Bulletin 747–57A2298,

Revision 1, dated September 12, 1996.

(1) If this optional inspection is

accomplished and cracking is not confirmed,

thereafter repeat the HFEC inspection

specified in paragraph (a) of this AD at

intervals not to exceed 1,400 landings.

(2) If this optional inspection is

accomplished and confirms cracking, prior to

further flight, repair the cracking in

accordance with paragraph (b)(1) or (b)(2) of

this AD, as applicable.

(d) For airplanes that are required to

perform an initial HFEC inspection in

accordance with paragraph (a)(1) of this AD:

Within 30 days after accomplishing the

initial inspection, submit a report of

inspection results, negative or positive, that

includes the information identified in

paragraphs (d)(1) through (d)(5) of this AD,

to the Manager, Seattle Aircraft Certification

Office, FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton, Washington

98055–4056; fax (206) 227–1181. Information

collection requirements contained in this

regulation have been approved by the Office

of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

(1) Airplane serial number.

(2) Total number of landings accumulated.

(3) Total number of hours time-in-service

accumulated.

(4) Location, size and orientation of each

crack.

(5) Whether fuel leakage resulted from the

crack.

(e) 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, Seattle

ACO Directorate. Operators shall submit their

requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(f) 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.

(g) The actions shall be done in accordance

with Boeing Alert Service Bulletin 747–

57A2298, Revision 1, dated September 12,

1996. 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 Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington 98124–

2207. 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.

(h) This amendment becomes effective on

April 2, 1997.

Issued in Renton, Washington, on February

19, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–4555 Filed 2–25–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–51–AD; Amendment

39–9946; AD 97–05–02]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain EMBRAER Model

EMB–120 series airplanes, that requires

removal of the upper channel fairings

and their shims; and rework of the

riveting holes, the aileron sealing canvas

(aerodynamic seals), and the protective

covers of the trim tab hinge fittings of

the aileron and elevator. This

amendment is prompted by reports of

binding of the aileron due to water

freezing between the upper channel

fairings and the surface of the leading

edge of the aileron. The actions

specified by this AD are intended to

prevent water from freezing these areas,

which could result in binding of the

aileron and subsequent reduced

controllability of the airplane.

DATES: Effective April 2, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 2,

1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Embraer, Empresa Brasileira De

Aeronautica S/A, Sao Jose Dos Campos,

Brazil. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small

Airplane Directorate, Atlanta Aircraft

Certification Office, Campus Building,

1701 Columbia Avenue, Suite 2–160,

College Park, Georgia; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Curtis Jackson, Aerospace Engineer,

Airframe Branch, ACE–117A, FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, Campus

Building, 1701 Columbia Avenue, Suite

2–160, College Park, Georgia 30337–

2748; telephone (404) 305–7358; fax

(404) 305–7348.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal
8616 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain EMBRAER

Model EMB–120 series airplanes was

published in the Federal Register on

May 22, 1995 (60 FR 27056). That action

proposed to require removal of the

upper channel fairings and their shims;

and rework of the riveting holes, the

aileron sealing canvas (aerodynamic

seals), and the protective covers of the

trim tab hinge fittings of the aileron and

elevator.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Request to Reference Additional

Service Information

The only commenter, a U.S. operator,

supports the proposal, but requests that

it be revised to reference EMBRAER

Service Bulletin 120–57–0021, Change

2, dated March 8, 1996, as an

appropriate source of service

information. This change to the service

bulletin revises Change 1, which was

referenced in the proposal, by including

additional rework instructions and

correcting a reference to the Structural

Repair Manual.

The FAA concurs. The FAA finds that

accomplishment of the actions in

accordance with either Change 1 or

Change 2 of the EMBRAER service

bulletin will provide an acceptable level

of safety and meet the intent of this AD

action. The final rule has been revised

to reference both service documents.

Operators who already have

accomplished the actions in accordance

with Change 1 will not have to perform

any additional work.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Cost Impact

The FAA estimates that 263 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 10

work hours per airplane to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

The cost for required parts is expected

to be negligible. Based on these figures,

the cost impact of the AD on U.S.

operators is estimated to be $157,800, or

$600 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the 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 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.

For the reasons discussed above, I

certify that this action (1) Is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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:

97–05–02 Embraer: Amendment 39–9946.

Docket 95–NM–51–AD.

Applicability: Model EMB–120 series

airplanes; as listed in EMBRAER Service

Bulletin No. 120–57–0021, Change 2, dated

March 8, 1996; 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 binding of the aileron and

subsequent reduced controllability of the

airplane, accomplish the following:

(a) Within 3,000 hours time-in-service after

the effective date of this AD, remove the

upper channel fairings and their shims; and

rework the riveting holes, the aileron sealing

canvas (aerodynamic seals), and the

protective covers of the trim tab hinge fittings

of the aileron and elevator; in accordance

with EMBRAER Service Bulletin No. 120–

57–0021, Change 1, dated September 10,

1993; or Change 2, dated March 8, 1996.

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

person shall install any aileron sealing

canvas having part number (P/N) 120–08130–

001, 120–08131–001, or 120–08132–001, on

any airplane unless that canvas has been

reworked in accordance with EMBRAER

Service Bulletin No. 120–57–0021, Change 1,

dated September 10, 1993; or Change 2, dated

March 8,1996.

(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, Atlanta

Aircraft Certification Office (ACO), FAA,

Small 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, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(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.

(e) The actions shall be done in accordance

with EMBRAER Service Bulletin No. 120–

57–0021, Change 1, dated September 10,

1993; or EMBRAER Service Bulletin No. 120–

57–0021, Change 2, dated March 8, 1996.

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 Embraer, Empresa Brasileira De

Aeronautica S/A, Sao Jose Dos Campos,

Brazil. Copies may be inspected at the FAA,
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations 8617

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, Atlanta Aircraft Certification Office,

Small Airplane Directorate, Campus

Building, 1701 Columbia Avenue, Suite 2–

160, College Park, Georgia; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

(f) This amendment becomes effective on

April 2, 1997.

Issued in Renton, Washington, on February

19, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–4553 Filed 2–25–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 97–CE–07–AD; Amendment 39–

9947; AD 97–05–03]

RIN 2120–AA64

Airworthiness Directives; AlliedSignal

Avionics, Inc. Models GNS–XLS or

GNS–XL Flight Management Systems

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all owners/operators of

aircraft equipped with AlliedSignal

Avionics Inc. (AlliedSignal) Models

GNS–XLS or GNS–XL global positioning

systems (GPS) Flight Management

Systems. This action requires inserting

a limitation into the Airplane Flight

Manual (AFM) or Flight Manual

Supplement Limitations Section

prohibiting the use of these AlliedSignal

GPS units on previously published nonprecision approaches. This action is

prompted by recent reports of flight

course deviations because of erroneous

information provided by the GPS Flight

Management System. The actions

specified by this AD are intended to

prevent deviation from an intended

flight path during a non-precision

approach to an airport.

DATES: Effective March 18, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

April 18, 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–07–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Mr.

Jose Flores, Aerospace Engineer, FAA,

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas

67209; telephone (316) 946–4133,

facsimile (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Discussion

AlliedSignal recently notified the

FAA that their global positioning system

(GPS) Flight Management System

Models GNS–XLS and GNS–XL are

malfunctioning. The AlliedSignal

Models GNS–XLS and GNS–XL are used

to determine the flight course of an

airplane for previously published nonprecision approaches to an airport. The

GPS flight management system is

integrated into the software of the flight

management system recorder (black

box) in the airplane. These GNS–XLS

and GNS–XL GPS can be installed on,

but are not limited to the following

airplanes:

Manufacturer Models

British Aerospace, Ltd.

(BAe).

146–100A and

146–200A.

Cessna Aircraft Corporation.525, 550,

and 560.

Dausault Aviation ............... Mystere-Falcon

20 and 50.

Avions Marcel Dassault ..... Falcon 10.

Gulfstream Aerospace ....... G–1159 (G–II)

and G–1159A

(G–III).

Raytheon Corporate Jets ... Hawker 800.

Israel Aircraft Industries,

Ltd.

1124.

Sabreliner Corporation ....... NA–65.

Learjet Inc .......................... 35.

Jetstream Aircraft Ltd ........ 4101.

Problems arose with these GPS flight

management systems units after an

installation of a GNS–XLS unit for

certification in a Cessna Model 550

airplane. During this flight certification,

the AlliedSignal Model GNS–XLS GPS

provided erroneous information to the

Flight Management System which

caused the airplane to deviate from the

previously published non-precision

approach. Further investigation with

flight tests on other airplane models

confirmed this software malfunction.

The manufacturer conducted bench

tests on these models, and was also

successful in duplicating the deviation

occurring within the GPS flight

management software while it is used in

a previously published non-precision

approach situation. The tests also

showed that this malfunction is only

randomly occurring approximately 20

percent of the time.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

including the relevant service

information, the FAA has determined

that AD action should be taken to

prevent deviation of an intended flight

path during a non-precision approach to

an airport.

Explanation of the Provisions of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other AlliedSignal Models

GNS–XLS and GNS–XL GPS Flight

Management Systems of the same type

design, this AD requires inserting the

following limitation into the Operations

Limitations Section of the AFM or

Flight Manual Supplement:

Operating Limitations

The GNS–XL (or GNS–XLS) is not

approved for non-precision approaches.

Note

The GNS–XL (or GNS–XLS) may generate

misleading information during nonprecision GPS or Overlay approaches due to

software limitations.

The FAA and AlliedSignal are

currently working together toward an

approved revision to the software

problem on these GPS Flight

Management System units.

Compliance Time of this AD

The compliance time of this AD is in

calendar time instead of hours time-inservice (TIS). The average daily usage of

the affected airplanes will have different

ranges throughout the fleets. For

example, one owner may operate the

airplane 5 hours TIS in one day, while

another operator may operate the

airplane 5 hours TIS in one week. In

order to ensure that all of the owners/

operators of the affected airplanes have

the chance to insert the limitation into

the operating limitations of their

Airplane Flight Manual or Flight

Manual Supplement within a reasonable

amount of time, the FAA is setting a

compliance time of within the next 5

days after the effective date of this AD.

Determination of the Effective Date of

the AD

Since a situation exists (misleading

flight course information to the pilot

during non-precision approaches) that

requires the immediate adoption of this

regulation, it is found that notice and

opportunity for public prior 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