9388 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules

have been in Canada. We also proposed

to remove the requirement that such

birds may only be imported through a

designated port. For pet birds of

Canadian origin, we proposed to add the

requirement that the birds be

accompanied by a veterinary health

certificate issued by Agriculture Canada.

We also proposed to allow pet birds

imported from countries other than

Canada to be maintained under home

quarantine for 30 days rather than be

quarantined for 30 days at a facility

operated by the U.S. Department of

Agriculture (USDA). For pet birds of

U.S. origin, we proposed to allow

microchip implants as a form of

permanent identification. We also

proposed to amend the regulations in 9

CFR part 130, concerning user fees, to

reflect our proposal that pet birds

imported from any country could now

undergo home quarantine, and should

be charged the appropriate user fee for

home quarantine services. We proposed

these actions in order to facilitate the

importation of pet birds, while

continuing to provide protection against

the introduction of communicable

diseases into the United States.

We solicited comments concerning

our proposal for 60 days ending October

21, 1996. We received 16 comments by

that date. They were from veterinarians,

humane organizations, environmental

interest groups, raptor breeders and

associations, and falconers. Ten of the

comments supported the proposed rule,

but requested minor changes, mostly

concerning special considerations in the

importation of raptors from Canada. The

remainder of the comments opposed the

proposed rule, expressing concerns

regarding allowing home quarantine for

pet birds imported from countries other

than Canada and removing the

requirement for veterinary inspection at

the port of entry for pet birds imported

from Canada. Specifically, commenters

said that most pet bird owners would

not necessarily recognize the signs of

disease in their pet birds under home

quarantine, that home quarantine would

not include any tests for disease or

precautionary medication (as is

administered when a pet bird undergoes

quarantine at a USDA-operated facility),

and that the proposal did not include

adequate provisions to ensure that pet

bird owners comply with the home

quarantine requirements. Commenters

were also concerned that removing

veterinary inspection at the port of entry

for pet birds from Canada would

increase the opportunities for exotic

birds to be smuggled illegally into the

United States.

After considering all the comments

we received, we have concluded that it

is necessary to reexamine the need for

relieving restrictions on the importation

of pet birds and the disease risks

associated with the importation of pet

birds into the United States. Therefore,

we are withdrawing the August 21,

1996, proposed rule referenced above.

The concerns and recommendations of

all the commenters will be considered if

any new proposed regulations regarding

the importation of pet birds are

developed.

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).

Done in Washington, DC, this 26th day of

February 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–5161 Filed 2–28–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–126–AD]

RIN 2120–AA64

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA) Model CN–235 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 CASA Model CN–235 series

airplanes. This proposal would require

a one-time inspection to detect fatigue

cracking in the area of the center wingto-fuselage attachment fitting, and

repair, if necessary. This proposal also

would require installation of a

reinforcing plate in the attachment area

of that fitting. This proposal is

prompted by a report from the

manufacturer indicating that, during

full-scale fatigue testing, fatigue cracks

were detected in this area. The actions

specified by the proposed AD are

intended to prevent fatigue cracking,

which consequently could reduce the

structural integrity of this area.

DATES: Comments must be received by

April 10, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

126–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

Construcciones Aeronauticas, S.A.,

Getafe, Madrid, Spain. This information

may be examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Greg

Dunn, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2799; 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

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 Number96–NM–126–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–103, Attention: Rules Docket

No.96–NM–126–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.
Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules 9389

Discussion

The Direccio ́n General de Aviacio ́n

(DGAC), which is the airworthiness

authority for Spain, recently notified the

FAA that an unsafe condition may exist

on certain CASA Model CN–235 series

airplanes. The DGAC advises that it has

received a report from the manufacturer

indicating that, during full-scale fatigue

testing, fatigue cracks were detected on

the test article in the area of the center

wing-to-fuselage attachment fitting. This

condition, if not prevented, could

reduce the structural integrity of this

area.

Explanation of Relevant Service

Information

CASA has issued Service Bulletin SB–

235–53–20, Revision 2, dated June 9,

1994 (for non-military airplanes), and

Service Bulletin SB–235–53–20M,

Revision 1, dated November 27, 1995

(for military airplanes). Both service

bulletins describe procedures for

installing a reinforcing plate in the

attachment area of the center wing-tofuselage attachment fitting. Installation

of the reinforcing plate will preclude the

development of fatigue cracking in the

attachment area.

The DGAC classified CASA Service

Bulletin SB–235–53–20 as mandatory

and issued Spanish airworthiness

directive 03/94, dated August 1994, in

order to assure the continued

airworthiness of these airplanes in

Spain.

FAA’s Conclusions

This airplane model is manufactured

in Spain 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 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

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

a one-time inspection to detect cracking

in the area where the center wing-tofuselage attachment fitting is located,

and repair, if necessary. The proposed

AD also would require installation of a

reinforcing plate in the attachment area

of the center wing-to-fuselage

attachment fitting, after inspection and

any necessary repairs have been

accomplished. The installation of the

reinforcing plate would be required to

be accomplished in accordance with the

applicable service bulletin described

previously.

Differences Between the Proposed Rule

and the Applicable Service Bulletin

Operators should note that this

proposed AD would require that a onetime visual inspection be conducted

immediately prior to the installation of

the reinforcing plate. Any necessary

repairs would be required to be

accomplished in a manner approved by

the FAA. CASA Service Bulletins SB–

235–53–20 and SB–235–53–20M do not

provide for procedures for conducting

such an inspection or necessary repairs.

The FAA has determined that, due to

the safety implications and

consequences associated with fatigue

cracking in this area, any such cracking

must be repaired prior to further flight

and the installation of the reinforcing

plate.

Cost Impact

The FAA estimates that 2 CASA

Model CN–235 series airplanes of U.S.

registry would be affected by this

proposed AD.

It would take approximately 25 work

hours per airplane to accomplish the

proposed actions, at an average labor

rate of $60 per work hour. Required

parts would cost approximately $645

per airplane. Based on these figures, the

cost impact of the proposed AD on U.S.

operator is estimated to be $4,290, or

$2,145 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 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 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

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:

Construcciones Aeronauticas, S.A. Casa:

Docket 96–NM–126–AD.

Applicability: Model CN–235 series

airplanes; as listed in CASA Service Bulletin

SB–235–53–20, Revision 2, dated June 9,

1994 (for non-military airplanes); and Service

Bulletin SB–235–53–20M, Revision 1, dated

November 27, 1995 (for military 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

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 fatigue cracking in the area of

the center wing-to-fuselage attachment

fitting, which consequently could reduce the

structural integrity of this area, accomplish

the following:
9390 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules

(a) For non-military airplanes: Prior to the

accumulation of 17,000 total landings,

accomplish the actions specified in

paragraphs (a)(1), (a)(2), and (a)(3) of this AD:

(1) Remove all parts and other items in the

area of the center wing-to-fuselage

attachment fitting, in accordance with

Paragraph 2.B. (‘‘Removal’’) of the

Accomplishment Instructions of CASA

Service Bulletin SB–235–53–20, Revision 2,

dated June 9, 1994.

(2) After all parts and other items have

been removed in accordance with paragraph

(a)(1) of this AD, conduct a visual inspection,

using a magnifier of at least 10x magnitude,

to detect fatigue cracking in this area (ref:

Figure 1, Sheet 1, of the service bulletin). If

any cracking is detected, prior to further

flight and prior to installing the reinforcing

plate in accordance with paragraph (a)(3) of

this AD, repair in a manner approved by the

Manager, Standardization Branch, ANM–113,

FAA, Transport Airplane

Directorate.

(3) Install a reinforcing plate having CASA

part number (P/N) 35–25010–0101 in the

attachment area of the center wing-tofuselage attachment fitting, in accordance

with the service bulletin.

(b) For military airplanes: Prior to the

accumulation of 15,000 total landings,

accomplish the actions specified in

paragraphs (b)(1), (b)(2), and (b)(3) of this AD:

(1) Remove all parts and other items in the

area of the center wing-to-fuselage

attachment fitting, in accordance with

Paragraph 2.B. (‘‘Removal’’) of the

Accomplishment Instructions of CASA

Service Bulletin SB–235–53–20M, Revision

1, dated November 27, 1995.

(2) After all parts and other items have

been removed in accordance with paragraph

(b)(1) of this AD, conduct a visual inspection,

using a magnifier of at least 10x magnitude,

to detect fatigue cracking in this area (ref:

Figure 1, Sheet 1, of the service bulletin). If

any cracking is detected, prior to further

flight and prior to installing the reinforcing

plate in accordance with paragraph (b)(3) of

this AD, repair in a manner approved by the

Manager, Standardization Branch, ANM–113,

FAA.

(3) Install a reinforcing plate having CASA

part number (P/N) 35–25010–0101 in the

attachment area of the center wing-tofuselage attachment fitting, in accordance

with the service bulletin.

(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.

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, FAA, Transport Airplane

Directorate.

Note 2: 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.

Issued in Renton, Washington, on February

25, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–5160 Filed 2–28–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–CE–24–AD]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Britten-Norman Ltd. BN–2A and BN–2A

Mk 111 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

supersede Airworthiness Directive (AD)

75–24–07 R1, which currently requires

repetitively inspecting the left-hand

(LH) rudder bar assembly for cracks and

loose fasteners on certain Pilatus

Britten-Norman Ltd. BN–2A and BN–2A

Mk 111 series airplanes, and replacing

any cracked part. The Federal Aviation

Administration’s policy on aging

commuter-class aircraft is to eliminate

certain repetitive short-interval

inspections when improved parts or

modifications are available. The

proposed action would require

inspecting the LH rudder bar assembly,

determining the wall thickness of the

slider tube unit, modifying the rudder

bar assembly by replacing the LH slider

tube with a new strengthened slider

tube unit as terminating action for the

repetitive inspections that are currently

required by AD 75–24–07 R1. The

actions specified in the proposed AD are

intended to prevent failure of the pilot’s

rudder bar assembly, which, if not

detected and corrected, could result in

loss of control of the airplane.

DATES: Comments must be received on

or before May 5, 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–24-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 Ltd., 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

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–24-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. 96-CE–24-AD, Room

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

Missouri 64106.