Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2009

within the lateral control system transfer

mechanism, which could result in reduced

travel of a control wheel and above normal

control wheel forces during a jam override,

accomplish the following:

(a) Within 18 months after the effective

date of this AD: Accomplish the

requirements of either paragraph (a)(1) or

(a)(2) of this AD, in accordance with Boeing

737 Service Bulletin 27–1033, dated February

13, 1970.

(1) Replace the aileron control transfer

mechanism, part number (P/N)

65–54200–4 or –5, with a new modified

mechanism in accordance with Procedure II

of the Accomplishment Instructions of the

service bulletin.

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

person shall install an aileron control transfer

mechanism having P/N 65–54200–4 or –5

unless it has been reworked in accordance

with the requirements of paragraph (a)(2) of

this AD.

(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, Seattle

Aircraft Certification Office (ACO), 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, 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.

(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 replacement and rework shall be

done in accordance with Boeing 737 Service

Bulletin 27–1033, dated February 13, 1970.

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.

1(f) This amendment becomes effective on

February 19, 1997.

Issued in Renton, Washington, on January

3, 1997.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–537 Filed 1–14–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–166–AD; Amendment

39–9880; AD 97–01–09]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A321 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Model

A321 series airplanes. This action

requires repetitive inspections to detect

cracking and delamination of the doors

that contain the left and right emergency

evacuation slides located at certain

emergency exits; and repair or

replacement, if necessary. This action

also requires the accomplishment of a

modification that serves as terminating

action for the repetitive inspections.

This amendment is prompted by a

report indicating that a slide aboard an

airplane deployed during flight and

consequently separated from the

airplane. The actions specified in this

AD are intended to prevent the loss of

these slides during flight, which could

make certain exits unusable in the event

of an emergency, and also damage the

empennage.

DATES: Effective January 30, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 30,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

March 17, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No.96–NM–

166–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Airbus

Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, 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:

Charles Huber, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2589; 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 Airbus Model A321

series airplanes. The DGAC advises that

one operator of Model A321 series

airplanes reported the loss of an

emergency slide during flight. The

airplane was climbing through flight

level (FL) 200 when a loud noise was

heard; it was caused by an escape slide,

located at the right Number 2 emergency

exit, unfolding and floating in the

airstream. After approximately five

minutes, the slide was torn off the

airplane and lost on ground.

Visual inspection of the slide inflation

system’s bottle valve gauge revealed that

the bottle had not discharged, thereby

confirming that the slide inflation

system had not been activated

inadvertently. Further investigation

revealed that the slide enclosure door

(referred to commonly as the ‘‘blow out

door’’) had been forced open, evidenced

by the retained floating pin receptacles

of the pneumatic ball locks (which are

installed as a back-up device in the

event that the pneumatic release fails).

A subsequent inspection of other

Model A321 series airplanes in the

affected operator’s fleet revealed:

1. a blow out door that was damaged

on the inside;

2. snap buttons on slide packs that

were open; and

3. lacing cord on slide pack covers

that was loosened.

These findings established that the

loss of the slide during flight was the

result of either excessive internal

pressure on the blow out door, or

excessive pressure to the outside of this

door due to an incorrectly adjusted

boarding ramp or gangway. (The exit

had been used to board passengers.)

Deployment and separation of an

emergency evacuation slides at

emergency exits Number 2 or 3 during

flight could make these exits unusable

in the event of an emergency, and also

could cause damage to the empennage.

Explanation of Relevant Service

Information

Airbus has issued All Operator Telex

(AOT) 25–11, dated January 4, 1996,

and Revision 01, dated January 8, 1996.

These documents describe procedures

for conducting repetitive detailed visual

and coin tap inspections to detect

cracking and delamination of the left

and right blow out doors at emergency

exits Number 2 and 3.They also describe

procedures for necessary repairs if
2010 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

either of these discrepancies are

detected during an inspection. If

cracking or delamination exceeds

certain limits, the AOT’s recommend

replacement of the affected slide

container with a serviceable container

prior to further flight.

The DGAC classified the AOT’s as

mandatory and issued French

airworthiness directive (C/N) 96–054–

078(B), dated March 13, 1996, in order

to assure the continued airworthiness of

these airplanes in France.

Additionally, Airbus has issued

Service Bulletin A320–25–1167, dated

June 24, 1996, which describes a

modification of the evacuation system at

doors 2 and 3. (This service bulletin

references Air Cruisers Service Bulletin

S.B. 005–25–04, dated May 24, 1996, for

additional procedural information.)

Among other things, the modification

entails:

1. a revised packing procedure;

2. relocating snaps on the lacing

cover;

3. installing longer lanyard straps; and

4. replacing the frangible washers in

the blow-out door with solid ring

retainers.

This modification will preclude the

types of problems associated with the

slide system that were previously

experienced. The DGAC has classified

this service bulletin as ‘‘recommended.’’

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

FederalAviation 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 the

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

prevent loss of an evacuation slide

during flight. This AD requires

repetitive visual and coin tap

inspections to detect cracking and

delamination of the blow out doors at

emergency exits Number 2 and 3; and

repair or replacement, as necessary.

These actions are required to be

accomplished in accordance with either

of the Airbus AOT’s described

previously.

This AD also requires the

accomplishment of the modification of

the escape slide system in accordance

with Airbus Service Bulletin A320–25–

1167. This modification constitutes

terminating action for the required

repetitive inspections.

Differences Between the FAA’s Action

and the DGAC’s Action

Operators should note that this AD

requires the modification of the escape

slide system as terminating action for

the inspections; whereas, the parallel

French CN 96–054–078(B) does not

require it. The adequacy of inspections

needed to maintain the safety of the

transport airplane fleet, coupled with a

better understanding of the human

factors associated with numerous

repetitive inspections, has caused the

FAA to place less emphasis on

repetitive inspections and more

emphasis on design improvements and

material replacement. Thus, the FAA

has decided to require, whenever

practicable, modifications necessary to

remove the source of the problem

addressed. The modification

requirement of this AD is in consonance

with that decision.

Cost Impact

None of the Airbus Model A321 series

airplanes affected by this action are on

the U.S. Register. All airplanes included

in the applicability of this rule currently

are operated by non-U.S. operators

under foreign registry; therefore, they

are not directly affected by this AD

action. However, the FAA considers that

this rule is necessary to ensure that the

unsafe condition is addressed in the

event that any of these subject airplanes

are imported and placed on the U.S.

Register in the future.

Should an affected airplane be

imported and placed on the U.S.

Register in the future, it would require

approximately 2 work hours to

accomplish the required inspections, at

an average labor charge of $60 per work

hour. Based on these figures, the cost

impact of the inspection requirements of

this AD would be $120 per airplane per

inspection.

Accomplishment of the required

terminating modification would take

approximately 5 work hours, at an

average labor charge of $60 per work

hour. Required parts cost would be

provided at no charge to operators by

the manufacturer of the slide system

(Air Cruisers Company). Based on these

figures, the cost impact of the

modification requirements of this AD

would be $300 per airplane.

Determination of Rule’s Effective Date

Since this AD action does not affect

any airplane that is currently on the

U.S. register, it has no adverse economic

impact and imposes no additional

burden on any person. Therefore, prior

notice and public procedures hereon are

unnecessary and the amendment may be

made effective in less than 30 days after

publication in the Federal Register.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and 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 96–NM–166–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,
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2011

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:

97–01–09 Airbus: Amendment 39–9880.

Docket 96–NM–166–AD.

Applicability: Model A321 series airplanes;

as listed in Airbus Industrie All Operator

Telex (AOT) 25–11, Revision 01, dated

January 8, 1996, and Airbus Service Bulletin

A320–25–1167, dated June 24, 1996; on

which Airbus Modification 25369 has not

been installed; 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 the loss of the left and right

emergency evacuation slides at emergency

exits Number 2 and 3 during flight, which

could make these exits unusable in the event

of an emergency and also could cause

damage to the empennage, accomplish the

following:

(a) Within 500 hours time-in-service after

the effective date of this AD, conduct a

detailed visual inspection to detect cracking,

and a coin tap inspection to detect

delamination, of the left and right enclosure

doors of the containers in which the

emergency evacuation slides are packed (‘‘the

blow out doors’’) at emergency exits Number

2 and 3, in accordance with Airbus Industrie

All Operator Telex (AOT) 25–11, dated

January 4, 1996; or Revision 01, dated

January 8, 1996.

(1) If no crack or delamination is detected,

or if any crack or delamination is detected

and it does not exceed 3 inches (75 mm) in

length: Repeat the inspections thereafter at

intervals not to exceed 18 months.

(2) If any crack or delamination is detected,

and it is greater than 3 inches (75 mm) in

length, but not greater than 10 inches (250

mm) in length: Prior to further flight, repair

the door in accordance with the AOT.

(3) If any crack or delamination is detected,

and it is greater than 10 inches (250 mm) in

length: Prior to further flight, replace the

door in accordance with the AOT.

(b) Within 36 months after the effective

date of this AD, modify the escape slide

system in accordance with Airbus Service

Bulletin A320–25–1167, dated June 24, 1996.

Accomplishment of this modification

constitutes terminating action for the

repetitive inspections required by paragraph

(a) of this AD.

Note 2: Airbus Service Bulletin A320–25–

1167 references Air Cruisers Service Bulletin

S.B. 005–25–04, dated May 24, 1996, for

additional procedural information.

(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,

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.

(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 inspections and repair shall be

done in accordance with Airbus Industrie All

Operator Telex 25–11, dated January 4, 1996;

or Airbus Industrie All Operator Telex 25–11,

Revision 01, dated January 8, 1996. The

modification shall be done in accordance

with Airbus Service Bulletin A320–25–1167,

dated June 24, 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 Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

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.

(f) This amendment becomes effective on

January 30, 1997.

Issued in Renton, Washington, on January

3, 1997.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–538 Filed 1–14–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 175 and 178

[Docket No. 91F–0356]

Indirect Food Additives: Adhesives

and Components of Coatings;

Adjuvants, Production Aids, and

Sanitizers

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of 2,2′-ethylidenebis(4,6-ditert-butylphenyl)fluorophosphonite as

an antioxidant in adhesives and in the

preparation of polymers intended for

contact with food. This action responds

to a petition filed by Ethyl Corp.

DATES: Effective January 15, 1997;

written objections and requests for a

hearing by February 14, 1997.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Daniel N. Harrison, Center for Food

Safety and Applied Nutrition (HFS–

216), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–418–3084.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

September 30, 1991 (56 FR 49484), FDA

announced that a food additive petition

(FAP 1B4281) had been filed on behalf