This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

11384

Vol. 62, No. 48

Wednesday, March 12, 1997

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–66–AD]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A. Models

EMB–110P1 and EMB–110P2 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

supersede Airworthiness Directive (AD)

87–03–10, which currently requires

repetitively inspecting the fillet area of

both the left and right main landing gear

(MLG) wheel axle/piston tube support

junction area for cracks on Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Models EMB–110P1 and

EMB–110P2 airplanes and replacing any

MLG wheel axle/piston tube assembly

where a crack is found. AD 87–03–10

also provided the option of reworking

this area when no cracks were found as

terminating action for the repetitive

inspections. The Federal Aviation

Administration’s policy on aging

commuter-class aircraft is to eliminate

or, in certain instances, reduce the

number of certain repetitive shortinterval inspections when improved

parts or modifications are available. The

proposed action would require the

following on EMBRAER Models EMB

110–P1 and EMB 110–P2 airplanes that

do not have an ‘‘R’’ stamped on both the

left and right MLG wheel axle/piston

tube assembly end-piece: inspecting

(one-time) the fillet area of each MLG

wheel axle/piston tube support junction

area to ensure the area is free of cracks,

replacing any MLG wheel axle/piston

tube assembly if a crack is found, and

reworking this area on both the left and

right MLG’s, as terminating action for

the repetitive inspections that are

currently required by AD 87–03–10. The

actions specified in the proposed AD are

intended to prevent failure of the MLG

wheel axle/piston tube assembly caused

by fatigue cracking, which could result

in loss of control of the airplane during

landing operations.

DATES: Comments must be received on

or before May 30, 1997.

ADDRESSES: Submit comments on the

proposal in triplicate to the Federal

Aviation Administration (FAA), Central

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

96–CE–66–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

EMBRAER, Av. Brig Faira Lima 2170,

12227–901, Sao Jose dos Campos-SP,

Brazil. This information also may be

examined at the Rules Docket at the

address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Curtis Jackson, Aerospace Engineer,

FAA, Atlanta Aircraft Certification

Office, Campus Building, 1701

Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748; telephone

(404) 305–7358; facsimile (404) 305–

7348.

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

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. 96–CE–66–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRM’s

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. 96-CE–66-AD, Room

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

Missouri 64106.

Discussion

The FAA has determined that reliance

on critical repetitive inspections on

aging commuter-class airplanes carries

an unnecessary safety risk when a

design change exists that could

eliminate or, in certain instances,

reduce the number of those critical

inspections. In determining what

inspections are critical, the FAA

considers (1) the safety consequences if

the known problem is not detected

during the inspection; (2) the

probability of the problem not being

detected during the inspection; (3)

whether the inspection area is difficult

to access; and (4) the possibility of

damage to an adjacent structure as a

result of the problem.

These factors have led the FAA to

establish an aging commuter-class

aircraft policy that requires

incorporating a known design change

when it could replace a critical

repetitive inspection. With this policy

in mind, the FAA conducted a review

of existing AD’s that apply to EMBRAER

Models EMB–110P1 and EMB–110P2

airplanes. Assisting the FAA in this

review were (1) EMBRAER; (2) the

Regional Airlines Association (RAA); (3)

the Centro Tecnico Aeroespacial (CTA),

which is the aviation authority for

Brazil; and (4) several operators of the

affected airplanes.

From this review, the FAA has

identified AD 87–03-10, Amendment

39–5524, as one which falls under the

FAA’s aging aircraft policy. AD 87–03–

10 currently requires repetitively

inspecting the fillet area in both the left

and right main landing gear(MLG)
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Proposed Rules 11385

wheel axle/piston tube support junction

area for cracks on EMBRAER Models

EMB–110P1 and EMB–110P2 airplanes,

and replacing any MLG wheel axle/

piston tube assembly if a crack is found.

AD 87–03–10 also provides the option

of reworking this area of both the left

and right MLG’s when no cracks are

found, as terminating action for the

repetitive inspections. Accomplishment

of the inspections required by AD 87–

03–10 is in accordance with EMBRAER

Service Bulletin (SB) No. 110–032–

0068, dated December 20, 1985.

Accomplishment of the optional rework

is in accordance with EMBRAER SB No.

110–032–0071, dated July 29, 1986.

Relevant Service Information

Since the issuance of AD 87–03–10,

EMBRAER has revised SB No. 110–032–

0071 to incorporate minor editorial

changes. This revision, EMBRAER SB

No. 110–032–0071, Change No. 01,

dated June 21, 1988, incorporates

revisions of ERAM SB No. 32–25, dated

July 1987. ERAM SB No. 32–25 contains

the procedures for reworking the fillet

area of both the left and right MLG

wheel axle/piston tube support junction

area on EMBRAER EMB–110 series

airplanes.

The FAA’s Determination

Based on its aging commuter-class

aircraft policy and after reviewing all

available information, including the

referenced service information, the FAA

has determined that AD action should

be taken to (1) require reworking both

the left and right MLG wheel/axle

piston tube support junction area on the

affected airplanes, as terminating action

for the repetitive short-interval

inspections required by AD 87-03–10;

and (2) prevent structural failure of the

MLG wheel axle/piston tube assembly

caused by fatigue cracking, which could

result in loss of control of the airplane

during landing operations.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other EMBRAER Models

EMB–110P1 and EMB–110P2 airplanes

of the same type design that do not have

an ‘‘R’’ stamped on both the left and

right MLG wheel axle/piston tube

assembly end-piece, the FAA is

proposing an AD to supersede AD 87–

03–10. The proposed AD would require

inspecting (one-time) the fillet area of

both the left and right MLG wheel axle/

piston tube support junction area to

ensure the area is free of cracks,

replacing any MLG wheel axle/piston

tube assembly if a crack is found, and

reworking this area on both the left and

right MLG’s, as terminating action for

the repetitive inspections that are

currently required by AD 87–03–10.

Airplanes that have an ‘‘R’’ stamped on

both the left and right MLG wheel axle/

piston tube assembly end-piece either

(1) have a design configuration that does

not meet the requirements of the unsafe

condition specified in this document; or

(2) the airplanes already have both the

left and right the MLG wheel axle/

piston tube assembly reworked.

Accomplishment of the proposed

inspection would be in accordance with

EMBRAER SB No. 110–032–0068, dated

December 20, 1985. Accomplishment of

the proposed rework would be required

in accordance with EMBRAER SB No.

110–032–0071, Change No. 01, dated

June 21, 1988.

Cost Impact

The FAA estimates that 50 airplanes

in the U.S. registry would be affected by

the proposed AD, that it would take

approximately 22 workhours

(inspection: 8 workhours; rework: 14

workhours) per airplane to accomplish

the proposed AD, and that the average

labor rate is approximately $60 an hour.

There is no cost for parts to accomplish

the proposed AD. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $66,000.

The initial inspection cost of the

proposed AD is the same as that

required by AD 87–03–10. The

difference in the inspection costs of the

proposed AD and AD 87–03–10 is that

the proposed AD would not require the

repetitive inspections and AD 87–03–10

currently requires repetitively

inspecting every 1,000 landings. The

proposed rework eliminates the

repetitive inspection requirement, and

was optional in AD 87–03–10.

The FAA does not have any way of

determining how many airplanes have

an ‘‘R’’ stamped on both the left and

right MLG wheel axle/piston tube

support junction area end-piece and

have these areas reworked, and,

therefore already have the proposed AD

action accomplished. The affected

airplanes are no longer in production

with few airplanes being operated in the

United States. Since AD 87–03–10

provided the option of reworking the

area on both the left and right MLG’s as

terminating action for the repetitive

inspections, the FAA believes that most

of the operators will have accomplished

the rework and would not be affected by

the proposed AD.

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.

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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Airworthiness Directive (AD)

87–03–10, Amendment 39–5524, and

adding a new AD to read as follows:

Empresa Brasileira De Aeronautica S.A:

Docket No. 96–CE–66–AD. Supersedes

AD 87–03–10, Amendment 39–5524.

Applicability: Models EMB–110P1 and

EMB–110P2 airplanes, all serial numbers,

certificated in any category, that do not have

an ‘‘R’’ stamped on both the left and right

main landing gear (MLG) wheel axle/piston

tube assembly end-piece.

Note 1: Airplanes that have an ‘‘R’’

stamped on both the left and right MLG

wheel axle/piston tube assembly end-piece

either (1) have a design configuration that
11386 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Proposed Rules

does not meet the requirements of the unsafe

condition specified in this document; or (2)

already have both the left and right MLG

wheel axle/piston tube support junction area

reworked. EMBRAER Service Bulletin (SB)

No.110–032–0071, Change No. 01, dated June

21, 1988, includes procedures for this

rework, including stamping an ‘‘R’’ on both

the left and right MLG wheel axle/piston tube

assembly end-piece.

Note 2: 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.

Compliance: Required within the next 100

landings after the effective date of this AD,

unless already accomplished.

Note 3: If the number of landings is

unknown, hours time-in-service (TIS) may be

used by multiplying the number of hours TIS

by 0.50. If hours TIS are utilized to calculate

the number of landings, this would make the

AD effective ‘‘within the next 200 hours TIS

after the effective date of this AD.’’

To prevent failure of a MLG wheel axle/

piston tube assembly caused by fatigue

cracking, which could result in loss of

control of the airplane during landing

operations, accomplish the following:

(a) Inspect, using either eddy current, dye

penetrant, or magnetic particle methods, the

fillet area in both the left and right MLG

wheel axle/piston support junction area for

cracks in accordance with the instructions

contained in EMBRAER SB No. 110–032–

0068, dated December 20, 1985. Included in

this SB is ERAM SB No. 32–22, which

includes procedures for accomplishing this

inspection. If any cracks are found, prior to

further flight, replace the MLG wheel axle/

piston tube assembly with an uncracked

assembly.

(b) Visually inspect the fillet radius in both

the left and right MLG wheel axle/piston tube

support junction area to determine whether

the profile requires rework. Accomplish the

inspection in accordance with the

instructions in ERAM SB No. 32–25, which

is part of EMBRAER SB No. 110–032–0071,

Change No. 01, dated June 21, 1988.

(1) If the profile of the area of each MLG

is like the one presented in image (A) Figure

1 of ERAM SB No. 32–25, which is part of

EMBRAER SB No. 110–032–0071, Change

No. 01, dated June 21, 1988, prior to further

flight, polish the junction area using a fine

grit abrasive cloth and stamp the letter ‘‘R’’

on the MLG wheel axle/piston tube assembly

end-pipe.

(2) If the profile of the area of each MLG

is like the one presented in image (B) Figure

1 of ERAM SB No. 32–25, which is part of

EMBRAER SB No. 110–032–0071, Change

No. 01, dated June 21, 1988, prior to further

flight, accomplish the following in

accordance with EMBRAER SB No. 110–032–

0071, Change No. 01, dated June 21, 1988:

(i) Rework each MLG wheel axle/piston

tube support junction area;

(ii) Polish each junction area using a fine

grit abrasive cloth; and

(iii) Stamp the letter ‘‘R’’ on each MLG

wheel axle/piston tube assembly end-pipe.

(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 compliance time that

provides an equivalent level of safety may be

approved by the Manager, Atlanta Aircraft

Certification Office (ACO), Campus Building,

1701 Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Atlanta ACO. Alternative methods of

compliance approved in accordance with AD

87–03–10 (superseded by this action) are not

considered approved as alternative methods

of compliance with this AD.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(e) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to EMBRAER, Av.

Brig Faira Lima 2170, 12227–901, Sao Jose

dos Campos-SP, Brazil; 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.

(f) This amendment supersedes AD 87–03–

10, Amendment 39–5524.

Issued in Kansas City, Missouri, on March

5, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–6088 Filed 3–11–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–115–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

certain Dornier Model 328–100 series

airplanes. This proposal would require

modification of the cable tension

regulator on both the left and right

elevators by installing certain parts on

the lever arm of the regulator. This

proposal is prompted by a report

indicating that design testing and

analysis have shown applied loads

could cause the regulator’s lever arm to

break. The actions specified by the

proposed AD are intended to prevent

failure of the regulator, and consequent

reduced controllability of the airplane.

DATES: Comments must be received by

April 21, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

115–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.

The service information referenced in

the proposed rule may be obtained from

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:

Connie Beane, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2796; fax (206) 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.

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