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
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Proposed Rules 11387

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–115–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–115–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on certain

Dornier Model 328–100 series airplanes.

The LBA advises that it has received a

report from the manufacturer indicating

that the cable tension regulators on both

the left and right elevators are

susceptible to failure. Design testing and

analysis have shown that, due to the

presence of lightening holes in the

tension regulator, the lever arm of the

tension regulator can break when design

loads are applied to it. Failure of the

cable tension regulator, if not corrected,

could lead to reduced controllability of

the airplane.

Explanation of Relevant Service

Information

Dornier has issued Service Bulletin

SB–328–27–116, dated September 26,

1995, which describes procedures for

modification of the cable tension

regulator on both the left and right

elevators. This modification entails the

installation of two lateral plates on the

lever arm to improve its load-carrying

capability. The LBA classified this

service bulletin as mandatory and

issued German airworthiness directive

95–434, dated November 14, 1995, in

order to assure the continued

airworthiness of these airplanes in

Germany.

FAA’s Conclusions

This airplane model is manufactured

in Germany 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 LBA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LBA,

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

modification of the cable tension

regulator on both the left and right

elevators. This modification would

entail the installation of two lateral

plates on the lever arm of the regulator,

and is intended to improve the loadcarrying capability of the arm. The

action would be required to be

accomplished in accordance with the

service bulletin described previously.

Cost Impact

The FAA estimates that 27 Dornier

Model 328–100 series airplanes of U.S.

registry would be affected by this

proposed AD.

It would take approximately 2 work

hours per airplane to accomplish the

proposed actions, and the average labor

rate is $60 per work hour. Required

parts would be provided by the

manufacturer at no cost to operators.

Based on these figures, the cost impact

of the proposed AD on U.S. operators is

estimated to be $3,240, or $120 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:

Dornier: Docket 96–NM–115–AD.

Applicability: Model 328–100 series

airplanes having serial number 3005 to 3045

inclusive; 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 failure of the cable tension

regulator on both the left and right elevators,

and consequent reduced controllability of the

airplane, accomplish the following:

(a) Within 6 months after the effective date

of this AD, modify the cable tension regulator

on both the left and right elevators by

installing two lateral plates on the lever arm,

in accordance with Dornier Service Bulletin

SB–328–27–116, dated September 26, 1995.

(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,
11388 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Proposed Rules

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 March 5,

1997.

Darrell M. Pederson,

Acting Manager,

Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–6087 Filed 3–11–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–216–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A320 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Supplemental notice of

proposed rulemaking; reopening of

comment period.

SUMMARY: This document revises an

earlier proposed airworthiness directive

(AD), which would have superseded an

existing AD that is applicable to certain

Airbus Model A320 series airplanes.

The existing AD currently requires

inspections to detect cracking of certain

floor beams and side box-beams, and

repair of cracks. It also requires

modification of the pressure floor. The

previously proposed action would have

added a requirement to install a new,

improved modification for the pressure

floor. This action revises the previously

proposed rule by adding a one-time

inspection to verify proper clearance

between the fasteners of the

reinforcement bracket and the bellcrank

of the free-fall extension system of the

main landing gear (MLG) and its

associated tie rod attachment nut. It also

would require that a different new,

improved modification be installed. The

actions specified by this proposed AD

are intended to prevent reduced

structural integrity of the fuselage,

restricted operation of the MLG free-fall

system and, consequently, reduced

ability to use the MLG during an

emergency.

DATES: Comments must be received by

March 31, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95-NM–

216-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

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.

FOR FURTHER INFORMATION CONTACT: Tim

Backman, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2797; 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 95-NM–216-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.

95-NM–216-AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to add an airworthiness

directive (AD), applicable to certain

Airbus Model A320 series airplanes,

was published as a notice of proposed

rulemaking (NPRM) in the Federal

Register on April 15, 1996 (61 FR

16414). That NPRM would have

superseded AD 93–14–04, amendment

39–8628 (58 FR 39440, July 23, 1993),

to continue to require a one-time eddy

current and detailed visual inspections

to detect cracks of various areas around

the fastener/bolt holes of the pressure

floor. That NPRM also would have

added a requirement to install a new,

improved modification requirement for

the pressure floor at section 15 of the

fuselage. That NPRM was prompted by

the results of a full-scale fatigue test,

which indicated that fatigue cracking

can occur in those areas. Such fatigue

cracking, if not detected and corrected

in a timely manner, could result in

reduced structural integrity of the

fuselage.

Actions Since Issuance of Originally

Proposed NPRM

Since the issuance of that NPRM, the

Direction G•n•rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, notified the FAA

that an additional unsafe condition may

exist on Airbus Model A320 series

airplanes that were modified in

accordance with Airbus Service Bulletin

A320–53–1023, Revision 3, dated March

18, 1994. That modification was

considered to be terminating action for

the repetitive inspection requirements

of AD 93–14–04. The DGAC advises

that, following accomplishment of the

subject modification, it received reports

indicating that interference could occur

between the fasteners of the

reinforcement bracket and the bellcrank

of the free-fall extension system of the

main landing gear (MLG) and its

associated tie rod attachment nut. This

condition, if not corrected, could restrict

operation of the free-fall system of the

MLG and, consequently, result in

reduced ability to use the MLG during

an emergency.