Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Proposed Rules 61287

higher priority rulemaking actions. In

the meantime, in light of the public

comments received, the Commission

has reexamined its reasoning for the

need for modification of the ENO

criteria and the options that it proposed

in the Federal Register notice for the

proposed rule (50 FR 13978). The

Commission also considered the

legislative history of the Price-Anderson

Act in arriving at its finding in this

matter.

Because the current criteria for

determining that an ENO has occurred

are consistent with the intent of

Congress and none of the options

proposed in the 1985 rulemaking are

deemed acceptable, the Commission

now finds that revision of these criteria

is not warranted. For these reasons, the

second request in the petition for

rulemaking (PRM–140–1) from the

Public Citizen Litigation Group and the

Critical Mass Energy Project is denied

and the April 9, 1985, proposed rule is

withdrawn.

Dated at Rockville, Maryland, this 11th day

of October 2000.

For the Nuclear Regulatory Commission.

Annette L. Vietti-Cook,

Secretary of the Commission.

[FR Doc. 00–26642 Filed 10–16–00; 8:45 am]

BILLING CODE 7590–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–201–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 328–100 series airplanes.

This proposal would require revising

the Airworthiness Limitations Section

of the Instructions for Continued

Airworthiness to incorporate life limits

for certain items and inspections to

detect fatigue cracking in certain

structures. This proposal is prompted by

issuance of new revisions to the Dornier

328 Airworthiness Limitations

Document. The actions specified by the

proposed AD are intended to ensure that

fatigue cracking of certain structural

elements is detected and corrected; such

fatigue cracking could adversely affect

the structural integrity of these

airplanes.

DATES: Comments must be received by

November 16, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

201–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. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 97–NM–201–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

the proposed rule may be obtained from

Fairchild Dornier, Dornier Luftfahrt

GmbH, P.O. Box 1103, D–82230

Wessling, Germany. This information

may be examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

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.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the proposed AD is being

requested.

• Include justification (e.g., reasons or

data) for each request.

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–201–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–114, Attention: Rules Docket No.

97–NM–201–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, has notified the FAA that a

new Revision 13 of the Dornier 328

Airworthiness Limitations Document

(ALD), and new Temporary Revisions

(TR’s) to the ALD have been issued.

[The FAA refers to the information

included in Revision 13 of the ALD and

in the new TR documents as the

Airworthiness Limitations Section

(ALS).] These new revisions to the ALD

and TR documents affect all Dornier

Model 328–100 series airplanes. These

new revisions provide mandatory

replacement times and structural

inspection intervals approved under

section 25.571 of the Joint Aviation

Requirements and the Federal Aviation

Regulations (14 CFR 25.571). As

airplanes gain service experience, or as

results of post-certification testing and

evaluation are obtained, it may become

necessary to add additional life limits or

structural inspections in order to ensure

the continued structural integrity of the

airplane.

The LBA advises that compliance

with the tasks, intervals, and life limits

specified in Revision 13 of the ALD and

in the TR documents is required to

ensure continuing compliance with the

airworthiness standards of the type

61288 Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Proposed Rules

approval/type certification for Dornier

Model 328 series airplanes. In addition,

the LBA advises that certain life limits

must be imposed for various

components on these airplanes to

preclude the onset of fatigue cracking in

those components. Such fatigue

cracking, if not corrected, could

adversely affect the structural integrity

of these airplanes.

Explanation of Relevant Service

Information

Dornier has issued Dornier 328

Airworthiness Limitations Document,

TM–ALD–010693–ALL, Revision 13,

dated July 25, 1997, and a number of TR

documents to amend certain sections of

the ALD. Paragraph (a) of this AD

includes a table that lists the TR

documents and dates of issue. These

documents include the following:

1. Life limit times for certain

structural components, or other

components or equipment.

2. Structural inspection times to

detect fatigue cracking of certain

Structural Significant Items (SSI).

Revision 13 of the ALD, and the TR

documents, describe new inspections

and compliance times for inspection

and replacement actions.

Accomplishment of the actions

specified in those documents will

preclude the onset of fatigue cracking of

certain structural elements of the

airplane.

The LBA has approved the previously

referenced ALD and TR documents to

assure the continued airworthiness of

these airplanes in Germany. The LBA

has not issued a corresponding

airworthiness directive, although

accomplishment of the additional life

limits and structural inspections

contained in the document described

previously may be considered

mandatory for operators of these

airplanes in Germany.

FAA’s Conclusions

The FAA has reviewed the previously

referenced ALD and TR documents, and

all available information, and has

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States. Pursuant to this bilateral

airworthiness agreement, the LBA has

kept the FAA informed of the situation

described above. These airplane models

are manufactured in Germany and are

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. The FAA has determined

that the previously referenced ALD and

corresponding TR’s must be

incorporated into the ALS of the

Instructions for Continued

Airworthiness.

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

revising the ALS of the Instructions for

Continued Airworthiness to incorporate

life limits for certain items and

inspections to detect fatigue cracking in

certain structures that are specified in

the previously referenced ALD and TR

documents.

Explanation of Action Taken by the

FAA

In accordance with airworthiness

standards requiring ‘‘damage tolerance

assessments’’ for transport category

airplanes [section 25.1529 of the Federal

Aviation Regulations (14 CFR 25.1529),

and the Appendices referenced in that

section], all products certificated to

comply with that section must have

Instructions for Continued

Airworthiness (or, for some products,

maintenance manuals) that include an

ALS. That section must set forth:

• Mandatory replacement times for

structural components,

• Structural inspection intervals, and

• Related approved structural

inspection procedures necessary to

show compliance with the damagetolerance requirements.

Compliance with the terms specified

in the ALS is required by sections 43.16

(for persons maintaining products) and

91.403 (for operators) of the Federal

Aviation Regulations (14 CFR 43.16 and

91.403).

In order to require compliance with

these inspection intervals and life

limits, the FAA must engage in

rulemaking, namely the issuance of an

AD. For products certificated to comply

with the referenced part 25

requirements, it is within the authority

of the FAA to issue an AD requiring a

revision to the ALS that includes

reduced life limits, or new or different

structural inspection requirements.

These revisions then are mandatory for

operators under section 91.403(c) of the

Federal Aviation Regulations (14 CFR

91.403), which prohibits operation of an

airplane for which airworthiness

limitations have been issued unless the

inspection intervals specified in those

limitations have been complied with.

After that document is revised, as

required, and the AD has been fully

complied with, the life limit or

structural inspection change remains

enforceable as a part of the

airworthiness limitations. (This is

analogous to AD’s that require changes

to the Limitations Section of the

Airplane Flight Manual.)

Requiring a revision of the

airworthiness limitations, rather than

requiring individual inspections, is

advantageous for operators because it

allows them to record AD compliance

status only once—at the time they make

the revision—rather than after every

inspection. It also has the advantage of

keeping all airworthiness limitations,

whether imposed by original

certification or by AD, in one place

within the operator’s maintenance

program, thereby reducing the risk of

non-compliance because of oversight or

confusion.

Cost Impact

The FAA estimates that 50 Dornier

Model 328–100 series 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 a substantial direct

effect 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,

it is determined that this proposal

would not have federalism implications

under Executive Order 13132.

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

Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Proposed Rules 61289

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 Luftfahrt GMBH: Docket 97-NM–

201-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

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 ensure continued structural integrity of

these airplanes, accomplish the following:

Airworthiness Limitations Revision

(a) Within 30 days after the effective date

of this AD, revise the Airworthiness

Limitations Section (ALS) of the Instructions

for Continued Airworthiness by

incorporating Revision 13 of the Dornier 328

Airworthiness Limitations Document (ALD),

TM-ALD–010693–ALL, dated July 25, 1997,

and the Temporary Revision (TR) documents

listed in the following table into the

Airworthiness Limitations Section (ALS):

TR Number Date of issue

TR ALD–042 ............. January 31, 1997.

TR ALD–048 ............. May 12, 1998.

TR ALD–050 ............. October 2, 1997.

TR ALD–052 ............. December 11, 1997.

TR ALD–053 ............. April 29, 1998.

TR ALD–054 ............. May 12, 1998.

TR ALD–055 ............. May 26, 1998.

TR Number Date of issue

TR ALD–056 ............. July 22, 1998.

TR ALD–057 ............. October 23, 1998.

TR ALD–059 ............. December 11, 1998.

TR ALD–062 ............. May 18, 1999.

TR ALD–063 ............. August 10, 1999.

TR ALD–064 ............. October 10, 1999.

TR ALD–065 ............. November 26, 1999.

TR ALD–067 ............. February 7, 2000.

TR ALD–068 ............. February 4, 2000.

TR ALD–070 ............. May 25, 2000.

Note 2: When the TR documents have been

incorporated into the latest issue of the

general revisions of the ALD, the general

revisions may be incorporated into the ALS,

provided that the information contained in

the general revisions is identical to that

specified in the TR documents.

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

this AD: After the actions specified in

paragraph (a) of this AD have been

accomplished, no alternative inspections or

inspection intervals may be approved for the

structural elements specified in the

documents listed in paragraph (a) of this AD.

Alternative Methods of Compliance

(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,

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 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.

Special Flight Permits

(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.

Issued in Renton, Washington, on October

11, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–26594 Filed 10–16–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–295–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–200 and –300 Series

Airplanes Equipped with a Main Deck

Cargo Door Installed in Accordance

with Supplemental Type Certificate

(STC) SA2969SO

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

Boeing Model 737–200 and –300 series

airplanes, that currently requires a onetime inspection to detect cracks of the

lower frames and reinforcing angles of

the main deck cargo door where the

door latch fittings attach between

certain fuselage stations and water lines,

and replacement of any cracked part

with a new part having the same part

number. That AD was prompted by

reports that, during the inspections

required by the existing AD, cracks were

found in the reinforcing angles of the

main deck cargo door frame. This action

would require, among other actions, an

inspection to detect cracks of the lower

frames and reinforcing angles of the

main deck cargo door; replacement of

any lower frame or reinforcing angle of

the main deck cargo door when it has

reached its maximum life limit. The

actions specified by the proposed AD

are intended to detect and correct

cracking of the lower portion of the

main deck cargo door frames, which

could result in sudden depressurization,

loss or opening of the main deck cargo

door during flight, and loss of control of

the airplane.

DATES: Comments must be received by

November 16, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

295–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments may be submitted

via fax to (425) 227–1232. Comments

may also be sent via the Internet using

the following address: 9-anmVerDate 11<MAY>2000 14:48 Oct 16, 2000 Jkt 194001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\17OCP1.SGM pfrm11 PsN: 17OCP1