10756 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Proposed Rules

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

Pilatus Britten-Norman Ltd.: Docket No. 96–

CE–17–AD.

Applicability: Models BN–2 (serial

numbers 1 through 2033), BN–2T (serial

numbers 419, and 2030 through 2033), and

Models BN–2A and BN–2B (serial numbers 1

through 2116), 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 (g) 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 500

hours time-in-service (TIS) after the last

compliance with AD 84–23–06, or within the

next 100 hours TIS after the effective date of

this AD, whichever occurs later, unless

already accomplished.

To prevent failure of the upper mounting

brackets on both wing mounted engines

which could possibly cause structural failure

of the airplane, accomplish the following:

(a) Inspect the upper mounting brackets,

bolts, and bushings on both wing mounted

engines for:

(1) Cracks at the bolt holes,

(2) Elongation of the bolt holes,

(3) Fretting within the bolt holes,

(4) Cracks at the rivet holes,

(5) Distortion or delamination of the lugs,

and

(6) Correct bearing length and inspect for

bolts that are threadbound, in accordance

with the ‘‘ACTION—Inspection’’ section in

Pilatus Britten-Norman (Pilatus) Service

Bulletin (SB) No. BN–2/SB.61, Issue 5, dated

December 9, 1981.

(b) If the inspection reveals any evidence

of damage or defects similar to the items in

paragraphs (a)(1) through (a)(6), prior to

further flight, accomplish Pilatus

Modification NB/M/1147 by replacing the

brackets, bushes, and bolts with brackets

(part number (P/N) NB–20–D–7165), bushes

(P/N NB–20–A4–7171), and bolts of

improved design in accordance with

paragraphs 1, 2, 3, and 5 of the ‘‘ACTION—

Rectification/Modification’’ section in Pilatus

SB No. BN–2/SB.61, Issue 5, dated December

9, 1981.

(c) If damage or defects are found on just

one of the two brackets on each engine, then

both brackets must be replaced, prior to

further flight, in accordance with paragraph

1 of the ‘‘ACTION—Rectification/

Modification’’ section in Pilatus SB No. BN–

2/.SB.61, Issue 5, dated December 9, 1981.

(d) If no damage or defects are found

similar to the items in paragraphs (a)(1)

through (a)(6) of this AD, continue to inspect

at intervals not to exceed 500 hours TIS until

the accumulation of 2,000 hours TIS after the

effective date of this AD, at which time

Modification NB/M/1147 must be

accomplished on both upper mounting

brackets on both engines in accordance with

paragraphs 1, 2, 3, and 5 of the ‘‘ACTION—

Rectification/Modification’’ section of Pilatus

SB No. BN–2/SB.61, Issue 5, dated December

9, 1981.

(e) Accomplishing Modification NB/M/

1147 in the ‘‘ACTION—Rectification/

Modification’’ section of Pilatus SB No. BN–

2/SB.61, Issue 5, dated December 9, 1981, is

considered terminating action to the

repetitive inspections required in paragraph

(d) of this AD.

(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) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Brussels Aircraft Certification

Division, Europe, Africa, and Middle East

Office, c/o American Embassy, B–1000

Brussels, Belgium or the Manager, Small

Airplane Directorate, 1201 Walnut, suite 900,

Kansas City, Missouri 64106. The request

shall be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Brussels Aircraft Certification Division or the

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Brussels Aircraft

Certification Division or the Small Airplane

Directorate.

(h) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to Pilatus BrittenNorman Ltd., Bembridge, Isle of Wight,

United Kingdom PO35 5PR; or may examine

this document at the FAA, central Region,

Office of the Assistant Chief Counsel, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

Issued in Kansas City, Missouri, on

February 28, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–5846 Filed 3–7–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 84–CE–18–AD]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Britten-Norman Ltd. BN–2, BN–2A, BN–

2B, BN–2T, and BN–2A Mk 111 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

revise 84–23–06, which currently

requires repetitively inspecting the

upper mounting brackets, bolts, and

bushings on wing mounted engines for

cracks, wear, and insufficient fit on

certain Pilatus Britten-Norman Ltd.

(Pilatus) BN–2, BN–2A, BN–2B, BN–2T,

and BN–2A Mk 111 series airplanes,

and replacing any cracked, worn, or illfitting part. The proposed action would

retain the same action required in AD

84–23–06, except the action would only

be applicable to the BN–2A Mk 111

series airplanes. The proposed action is

prompted by a terminating modification

only applicable to the Pilatus BN–2,

BN–2A, BN–2B, BN–2T series airplanes

that would remove them from the

applicability of AD 84–23–06. The

actions specified by the proposed AD

are intended to prevent failure of the

upper mounting brackets on wing

mounted engines which could possibly

cause structural failure of the airplane.

DATES: Comments must be received on

or before May 12, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket No. 84–CE–18–

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

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Pilatus Britten-Norman Limited,

Bembridge, Isle of Wight, United

Kingdom PO35 5PR; telephone 44–1983

872511; facsimile 44–1983 873246. This

information also may be examined at

the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT:

Mr. Tom Rodriguez, Program Officer,

Brussels Aircraft Certification

Division, FAA, Europe, Africa, and

Middle East Office, c/o American

Embassy, b–1000 Brussels, Belgium;

telephone (322) 508–2715; facsimile

(322) 230–6899;

or

Mr. S. M. Nagarajan, Project Officer,

Small Airplane Directorate, Aircraft

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City,

Missouri 64106; telephone (816) 426–

6932; facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the
Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Proposed Rules 10757

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should 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.

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 that

summarizes 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 No. 84–CE–18–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, Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 84–CE–18–AD, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

Discussion

The Civil Airworthiness Authority

(CAA), which is the airworthiness

authority for the United Kingdom (UK),

notified the FAA that an unsafe

condition may exist on certain Pilatus

BN–2A Mk 111 series airplanes. The

CAA reports that several incidents have

revealed cracking, wear, and ill-fitting

parts in the upper wing mount brackets

on the wing mounted engines which

could eventually result in structural

failure of the wing. This condition, if

not detected and corrected, could result

in failure of the engine mounting

brackets of the wing mounted engines

and possible structural failure and loss

of control of the airplane. Pilatus has

issued service bulletin BN–2/SB.61,

Issue 5, dated December 9, 1981, which

specifies inspecting for cracked, worn,

or ill-fitting parts, and if found, repair

and continue to repetitively inspect.

This service bulletin is also

referenced in AD 84–23–06. The

proposed action would be a revision to

AD 84–23–06 to remove the Pilatus BN–

2, BN–2A, BN–2B and BN–2T series

airplanes from the applicability of AD

84–23–06. Since publication of this AD,

a modification terminating the repetitive

inspections became available to the

Pilatus BN–2, BN–2A, BN–2B and BN–

2T series airplanes that is not applicable

to the BN–2A Mk 111 series airplanes.

The terminating modification is

proposed in a Notice for Proposed

Rulemaking (NPRM) Docket No. 96–CE–

17–AD. The Pilatus Service Bulletin

(SB) BN–2/SB.61, Issue 5, dated

December 9, 1981, is also referenced in

this NPRM for the terminating action

applicable to the Pilatus BN–2, BN–2A,

BN–2B and BN–2T series airplanes.

The UK CAA classified this service

bulletin as mandatory and issued AD

No. 0619 in order to assure the

continued airworthiness of these

airplanes in the United Kingdom.

This airplane model is manufactured

in the United Kingdom 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 UK CAA

has kept the FAA informed of the

situation described above. The FAA has

examined the findings of the UK CAA,

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.

Since an unsafe condition has been

identified that is likely to exist or

develop in other Pilatus BN–2A Mk 111

series airplanes of the same type design

registered for operation in the United

States, the proposed AD would revise

AD 84–23–06 to eliminate Pilatus BN–

2, BN–2A, BN–2B, BN–2T series

airplanes from the applicability of this

AD and would retain the Pilatus BN–2A

Mk 111 series airplanes in the

applicability section of the proposed

AD, and would also retain the

requirement for:

(1) Visually inspecting the upper

engine to wing mounting brackets for

minimum lug bolt hole-to-edge distance

(0.2625 inches),

(2) Inspecting for elongation of the

bolt holes, distortion, delamination,

cracks, flaking, and corrosion, and

(3) Inspecting the bolts for correct

bearing length, and loose and fretted

bushings.

If the lug bolt hole-to-edge distance is

less than the specified minimum, prior

to further flight, correct the defects. If

the bolt holes are elongated, or if any

bushings are loose or fretted, modify

and correct. If any mounting bracket is

cracked, modify both brackets on the

same engine installation (left side

engine or right side engine)

concurrently (even if only one bracket is

defective). If any lug is distorted or

delaminated, replace the deficient part.

If any part is corroded or flaking,

replace the part. If any of the bolts are

of incorrect length or damaged, replace

with new units of the correct length and

continue to repetitively inspect.

Cost Impact

The FAA estimates that 9 airplanes in

the U.S. registry would be affected by

the proposed AD, that it would take

approximately 2 workhours per airplane

to accomplish the proposed action and

the average labor rate is approximately

$60 an hour. There are no parts required

for the initial inspection. Based on these

figures, the total cost impact for the

initial inspection of the proposed AD on

U.S. operators is estimated to be $1,080

or $120 per airplane. This figure is

based on the proposed initial inspection

cost and does not include workhours for

repetitive inspections. The FAA has no

way to determine how many of these

airplanes have already accomplished

this action.

Regulatory Impact

The regulations proposed herein

would 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

proposal would 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) 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 has been placed in the Rules

Docket. A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.
10758 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Proposed Rules

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

removing Airworthiness Directive (AD)

84–23–06, Amendment 39–4942, (49 FR

43621, October 31, 1984), and adding a

new AD to read as follows:

Pilatus Britten-Norman Ltd.: Docket No. 84–

CE–18–AD; Revises AD 84–23–06,

Amendment 39–4942.

Applicability: BN–2T Mk 111 series

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 (d) 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.

Note 2: The paragraph structure of this AD

is as follows:

Level 1: (a), (b), (c), etc.

Level 2: (1), (2), (3), etc.

Level 3: (i), (ii), (iii), etc.

Level 2 and Level 3 structures are

designations of the Level 1 paragraph they

immediately follow.

Compliance: Required initially upon the

accumulation of 500 hours time-in-service

(TIS) or within the next 50 hours TIS,

whichever occurs later, unless already

accomplished (compliance with AD 84–23–

06) and thereafter at intervals not to exceed

500 hours TIS.

To prevent failure of the upper mounting

brackets on both wing mounted engines

which could possibly cause structural failure

of the airplane, accomplish the following:

(a) Visually inspect in accordance with

paragraphs 1 through 6 of the ‘‘Inspection’’

section of the Pilatus Britten-Norman

(Pilatus) Service Bulletin (SB) No. BN–2/

SB.61, Issue 5, dated December 9, 1981 the

following areas:

(1) The upper engine to wing mounting

brackets for:

(i) Minimum lug bolt hole-to-edge distance

(0.2625 inches), elongation of the bolt holes,

distortion, delamination, cracks, flaking, and

corrosion;

(ii) The bolts for correct bearing length; and

(iii) Loose and fretted bushings.

(2) Prior to further flight, correct defects in

accordance with the following:

(i) If the lug bolt hole-to-edge distance is

less than the specified minimum, correct in

accordance with paragraph 3 of the

‘‘Rectification/Modification’’ section of

Pilatus SB No. BN–2/SB.61, Issue 5, dated

December 9, 1981;

(ii) If the bolt holes are elongated, or if any

bushings are loose or fretted, modify and

correct in accordance with paragraph 4 of the

‘‘Rectification/Modification’’ section of

Pilatus SB No. BN–2/SB.61, Issue 5, dated

December 9, 1981;

(iii) If any mounting bracket is cracked,

modify both brackets on the same engine

installation (left side engine or right side

engine) concurrently (even if only one

bracket is defective) in accordance with

paragraph 1 of the ‘‘Rectification/

Modification’’ section of Pilatus SB No. BN–

2/SB.61, Issue 5, dated December 9, 1981;

(iv) If any lug is distorted or delaminated,

replace the deficient part in accordance with

paragraphs 1 and 2 of the ‘‘Rectification/

Modification’’ section of Pilatus SB No. BN–

2/SB.61, Issue 5, dated December 9, 1981;

(v) If any inspected part is corroded or

flaking, replace the part in accordance with

paragraph 1 of the ‘‘Rectification/

Modification’’ section of Pilatus SB No. BN–

2/SB.61, Issue 5, dated December 9, 1981;

and

(vi) If any of the bolts are of incorrect

length or damaged, replace with new units of

the correct length in accordance with

paragraphs 1 and 2 of the ‘‘Rectification/

Modification’’ section of Pilatus SB No. BN–

2/SB.61, Issue 5, dated December 9, 1981.

(b) The intervals between the repetitive

inspections required by this AD may be

adjusted up to 10 percent of the specified

interval to allow for accomplishing these

inspections concurrent with the other

scheduled maintenance of the airplane.

(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) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Brussels Aircraft Certification

Division, FAA, Europe, Africa, and Middle

East Office, c/o American Embassy, B–1000

Brussels, Belgium; telephone (322) 508.2715;

facsimile(322) 230.6899; or Mr. S. M.

Nagarajan, Project Officer, Small Airplane

Directorate, Aircraft Certification Service,

FAA, 1201 Walnut, suite 900, Kansas City,

Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Brussels Aircraft Certification Office or the

Manager, Small Airplane Directorate.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Brussels Aircraft

Certification Division or the Small Airplane

Directorate.

(e) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to Pilatus BrittenNorman Limited, Bembridge, Isle of Wight,

United Kingdom PO35 5PR; telephone 44–

1983 872511; facsimile 44–1983 873246; or

may examine this document at the FAA,

Central Region, Office of the Assistant Chief

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

Kansas City, Missouri 64106.

Issued in Kansas City, Missouri, on

February 28, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–5840 Filed 3–7–97; 8:45 am]

BILLING CODE 4910–13–U

Office of the Secretary

14 CFR Parts 221, 250, 293

[Docket No. OST–97–2050; Notice No. 97–

1]

RIN 2105–AC61

Exemption From Passenger TariffFiling Requirements in Certain

Instances

AGENCY: Office of International

Aviation, Office of the Secretary, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Department proposes to

exempt U.S. and foreign air carriers

from the statutory and regulatory duty

to file with DOT international passenger

tariffs in certain instances, subject to the

reimposition of the duty in specific

cases when consistent with the public

interest. In addition, the Department

proposes to reissue a new version of

part 221 that eliminates most of the

traditional paper format and filing

procedures set forth in the present

version of 14 CFR part 221. This

proposal is made on the Department’s

initiative in order to streamline

government operations and eliminate

unjustified regulatory burdens.

DATES: Comments should be received no

later than May 9, 1997. Since the

proposal eliminates various

requirements and creates no additional

burdens, a final rule based on this

proposal would be effective

immediately upon issuance. However,

the cancellation of certain tariff rules

would take place 90 days after the date

of effectiveness of the notice provided

in § 293.10 of new part 293.

ADDRESSES: Five (5) copies of any

comments should be sent to the

Documentary Services Division, C–55,

U.S. Department of Transportation, 400