10488 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules

least 1 percent of its total assets after the

distribution is made;

(2) No more than 50 percent of the

prior calendar year’s net earnings or

margins if the borrower’s net worth is at

least 20 percent of its total assets after

the distribution is made;

(3) No more than 75 percent of the

prior calendar year’s net earnings or

margins if the borrower’s net worth is at

least 30 percent of its total assets after

the distribution is made; or

(4) No limit on distributions if the

borrower’s net worth is at least 40

percent of its total assets after the

distribution is made.

(c) Borrowers that have not received

a loan after [effective date of final rule]

may request the Administrator to apply

these requirements to them. Borrowers

may request in writing that RUS

substitute the new requirements

described in paragraphs (b)(1) through

(b)(4) of this section. Upon request by

the borrower, the provisions of the

borrower’s loan documents restricting

cash distributions or investments shall

not be enforced to the extent that such

provisions are inconsistent with this

section.

(d) Rural development investments

meeting the criteria set forth in 7 CFR

part 1744, subpart D, will not be

counted against a borrower’s allowable

cash distributions in any calendar year

(7 U.S.C. 926).

* * * * *

§ 1735.60 [Amended]

10. § 1735.60, paragraph (a)

introductory text is amended by

removing the reference ‘‘(see 7 CFR part

1758)’’ and paragraph (a)(3) is removed.

§ 1735.76 [Amended]

11. § 1735.76, the second ‘‘or’’ is

removed and the word ‘‘of’’ is added in

its place.

PART 1737—PRE-LOAN POLICIES

AND PROCEDURES COMMON TO

INSURED AND GUARANTEED

TELECOMMUNICATIONS LOANS

12. The part heading for part 1737 is

revised as set forth above.

13. The authority citation for part

1737 is revised to read as follows:

Authority: 7 U.S.C. 901 et seq., 1921 et

seq.; Pub. L. 103–354, 108 Stat. 3178 (7

U.S.C. 6941 et. seq.).

§ 1737.70 [Amended]

14. In § 1737.70, paragraph (d) is

removed and reserved.

PART 1739—[REMOVED]

15. Part 1739 is removed.

PART 1746—[REMOVED]

16. Part 1746 is removed.

Dated: February 24, 1997.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 97–5223 Filed 3–6–97; 8:45 am]

BILLING CODE 3410–15–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–120–AD]

RIN 2120–AA64

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA) Model C–212 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

CASA Model C–212 series airplanes.

This proposal would require an initial

inspection of the restrictor pistons on

the shock absorbers of the left and right

main landing gear (MLG) to determine

the number and condition of threaded

screw pins that are installed;

replacement of any discrepant pin; and

repetitive inspections of certain pistons.

Modification of certain pistons by the

installation of two additional pins

would terminate these inspections. This

proposal is prompted by reports

indicating that the threaded screw pin

that holds the restrictor piston on the

slide tube of the shock absorber has

been found to have loosened on some

airplanes. The actions specified by the

proposed AD are intended to prevent

the loss of hydraulic damping in the

MLG, due to failure of the screw pins

that hold the restrictor pistons on the

slide tubes of the shock absorbers, and

consequent structural damage to the

airplane.

DATES: Comments must be received by

April 16, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

120–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:

Gregory 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 Number 96–NM–120–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–120–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direccio ́n General de Aviacio ́n

(DGAC), which is the airworthiness

authority for Spain, has notified the

FAA that an unsafe condition may exist

on all CASA Model C–212 series

airplanes. The DGAC advises that it has
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules 10489

received reports indicating that

threaded screw pins that hold the

restrictor pistons on the slide tubes of

the shock absorbers of the left and right

main landing gear (MLG) have been

found to have loosened.

The piston is held on the slide tube

by either one or three screw pins. On

some pistons, two of the three screw pin

holes have been drilled and sealed with

epoxy; on other pistons, only one screw

pin hole exists.

Should the pin on a single-pin

configuration become loose, the union

between the piston and the slide tube

may fail, causing the loss of hydraulic

dampening in the MLG. This loss of

hydraulic dampening, if not prevented,

could result in structural damage to the

airplane.

Explanation of Relevant Service

Information

CASA has issued Service Bulletin SB–

212–32–38, dated June 16, 1994, which

describes procedures for inspecting and

installing the threaded screw pins that

attach the restrictor pistons to the slide

tubes of the shock absorbers of the left

and right MLG. This service bulletin

also describes procedures for modifying

restrictor pistons on which only one

threaded pin is installed. This

modification entails the drilling of two

new holes or the unsealing of two

previously-drilled holes, and the

installation of two more pins.

Accomplishment of this modification

will strengthen the union and resistance

between the piston and the slide tube,

and eliminate the need for repetitive

inspections.

The DGAC classified this service

bulletin as mandatory and issued

Spanish airworthiness directive 07/94,

dated October 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

an initial inspection of the restrictor

pistons on the shock absorbers of the

left and right MLG to determine the

number and condition of threaded

screw pins that are installed;

replacement of discrepant pins; and

repetitive inspections of certain pistons.

Pistons on which one pin is installed

would be required to be modified by

drilling two new holes or unsealing twopreviously drilled holes, and installing

two pins. This modification would

terminate the requirement for repetitive

inspections. The actions would be

required to be accomplished in

accordance with the service bulletin

described previously.

Cost Impact

The FAA estimates that 41 CASA

Model C–212 series airplanes of U.S.

registry would be affected by this

proposed AD.

It would take approximately 20 work

hours per airplane to accomplish the

proposed actions, and the average labor

rate is $60 per work hour. Required

parts would cost approximately $11 per

airplane. Based on these figures, the cost

impact of the proposed AD on U.S.

operators is estimated to be $49,651, or

$1,211 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–120–AD.

Applicability: All Model C–212 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

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 (b) 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 hydraulic damping

in the main landing gear, due to failure of the

screw pins that hold the restrictor pistons on

the slide tubes of the shock absorbers, and

consequent structural damage to the airplane,

accomplish the following:

(a) Prior to the accumulation of 600

hours time-in-service after the effective

date of this AD, conduct an inspection

of each restrictor piston to detect the

number and condition of installed

threaded screw pins; in accordance with

CASA Service Bulletin SB–212–32–38,

dated June 16, 1994. Prior to further
10490 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules

flight, replace any loose pin, in

accordance with the service bulletin and

accomplish the following, as applicable:

(1) For any piston on which three

threaded screw pins are installed: No

further action is required by this AD for

this piston.

(2) For any piston on which one pin

is installed and two holes are sealed

with epoxy: Remove the epoxy, and

install two additional threaded screw

pins, in accordance with the service

bulletin. Thereafter, no further action is

required by this AD for this piston.

(3) For any piston on which one pin

is installed and no other holes exist:

(i) Repeat the inspection required by

paragraph (a) of this AD at intervals not

to exceed 600 hours time-in-service

until the modification required by

paragraph (a)(3)(ii) of this AD is

accomplished.

(ii) Prior to the accumulation of 1,800

hours time-in-service after the effective

date of this AD, or within 3 years after

the effective date of this AD, whichever

occurs later, modify this piston in

accordance with the service bulletin.

Accomplishment of this modification

constitutes terminating action for the

repetitive inspection requirements of

paragraph (a)(3)(i) of this AD.

Thereafter, no further action is required

by this AD with regard to that piston.

(b) 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 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.

(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.

Issued in Renton, Washington, on February

28, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–5574 Filed 3–6– 97; 8:45 am]

BILLING CODE 4910–13–U

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–201–AD]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–90–30 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

McDonnell Douglas Model MD–90–30

airplanes. This proposal would require

revising the Airworthiness Limitations

Section of the Instructions for

Continued Airworthiness [MD–90–30

Airworthiness Limitations Instructions

(ALI)]. The revision would incorporate

certain compliance times for inspections

to detect fatigue cracking of principal

structural elements (PSE) and to add

PSE’s to the ALI. This proposal is

prompted by analysis of data that

identified reduced initial inspection

thresholds, reduced repetitive

inspection intervals for PSE’s, and other

PSE’s to be added to the ALI. The

actions specified by the proposed AD

are intended to ensure that fatigue

cracking of various PSE’s are detected

and corrected; such fatigue cracking

could adversely affect the structural

integrity of these airplanes.

DATES: Comments must be received by

April 16, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–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.

The service information referenced in

the proposed rule may be obtained from

McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach,

California 90846, Attention: Technical

Publications Business Administration,

Department C1–L51 (2–60). This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

Brent Bandley, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712; telephone (310) 627–

5237; fax (310) 627–5210.

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 Number 96–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–103, Attention: Rules Docket No.

96–NM–201–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

In accordance with airworthiness

standards requiring ‘‘damage tolerance

assessments’’ [reference current section

1529 of parts 23, 25, 27, and 29 of the

Federal Aviation Regulations (FAR);

section 4 of parts 33 and 35 of the FAR;

section 82 of part 31 of the FAR; and the

Appendices referenced in those

sections], all products certificated to

comply with those sections must have

Instructions for Continued

Airworthiness (or, for some products,

maintenance manuals), that include an

Airworthiness Limitations Section. That

section must set forth:

• mandatory replacement times for

structural components,

• structural inspection intervals, and