Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14371

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:

Lockheed Aeronautical Systems Company:

Docket 97–NM–08–AD.

Applicability: All Model 382 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

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 loss of airplane controllability,

or engine overspeed and consequent loss of

engine power caused by the power levers

being positioned below the flight idle stop

while the airplane is in flight, accomplish the

following:

(a) Within 30 days after the effective date

of this AD, revise the Limitations Section of

the FAA-approved Airplane Flight Manual

(AFM) to include the following statements.

This may be accomplished by inserting a

copy of this AD or Lockheed AFM 382/E/G,

Revision 24, dated November 15, 1996, into

the AFM.

‘‘Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may lead to

loss of airplane control or may result in an

overspeed condition and consequent loss of

engine power.’’

(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, Atlanta

Aircraft Certification Office (ACO), FAA,

Small 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, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(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

20, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–7685 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–110–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 all

Dornier Model 328–100 series airplanes.

This proposal would require inspections

for chafing of various control cables,

and replacement of any chafed cable

with a serviceable cable. This proposal

is prompted by chafing of various

control cables found during inspections

conducted at the manufacturer’s facility

and at overhaul facilities. The actions

specified by the proposed AD are

intended to prevent such chafing, which

could cause the pilot’s controls for the

autopilot, elevator/rudder, and engine to

be ineffective. This condition, if not

corrected, could result in reduced

controllability of the airplane.

DATES: Comments must be received by

May 5, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

110–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

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–110–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–110–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 all

Dornier Model 328–100 series airplanes.

The LBA advises that it received several

reports indicating that chafing of
14372 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

various control cables (i.e., the

autopilot, elevator and rudder, and

engine control cables) was found during

inspections conducted at the

manufacturer’s facility and at overhaul

facilities. Chafing of these control cables

can occur due to high cable tension

through the fairleads, misalignment,

and/or sharp pulley groove designs.

Such chafing of the control cables could

cause the pilot’s controls for the

autopilot, elevator/rudder, and engine to

be ineffective. This condition, if not

corrected, could result in reduced

controllability of the airplane.

Explanation of Relevant Service

Information

Dornier has issued Alert Service

Bulletin ASB–328–00–011, dated

December 4, 1995, which describes

procedures for the following:

• Repetitive inspections for chafing of

the autopilot control cables (elevator,

rudder, and aileron) in the area of the

servo drums, and adjustment of the

tension of all autopilot control cables;

and replacement of any chafed cable

with a serviceable cable.

• Repetitive inspections for chafing of

the elevator and rudder control cables

and fairleads in the area of the rear

pressure bulkhead, and to determine

correct installation of the bulkhead;

replacement of any chafed cable with a

serviceable cable; and readjustment of

any incorrect installation.

• Repetitive inspections for chafing of

the engine control cables and fairleads

in the area of the fuselage conduit seal

housing and the wing/nacelle fairleads;

and replacement of any chafed cable

with a serviceable cable.

The LBA classified this service

bulletin as mandatory and issued

German airworthiness directive 96–001,

dated January 3, 1996, 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, the proposed AD would

require repetitive inspections for

chafing of the control cables (autopilot,

elevator and rudder, and engine), and

replacement of any chafed cable with a

serviceable cable. The actions would be

required to be accomplished in

accordance with the alert service

bulletin described previously.

Cost Impact

The FAA estimates that 42 Dornier

Model 328–100 series airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 6 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the cost impact of the proposed

AD on U.S. operators is estimated to be

$15,120, or $360 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–110–AD.

Applicability: All Model 328–100 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

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 chafing of various control

cables, which could cause the pilot’s controls

for the autopilot, elevator/rudder, and engine

to be ineffective, and could result in

consequent reduced controllability of the

airplane, accomplish the following:

(a) Prior to the accumulation of 2,000 total

hours time-in-service, or within 200 hours

time-in-service after the effective date of this

AD, whichever occurs later: Accomplish the

requirements of paragraphs (a)(1), (a)(2), and

(a)(3) of this AD in accordance with Dornier

Alert Service Bulletin ASB–328–00–011,

dated December 4, 1995. Repeat those actions

thereafter at intervals not to exceed 1,500

hours time-in-service.

(1) Perform an inspection for chafing of the

autopilot control cables (elevator, rudder,

and aileron) in the area of the servo drums,

and adjust the tension of all autopilot control

cables. If any chafing is found, prior to

further flight, replace the chafed cable with

a serviceable cable.

(2) Perform an inspection for chafing of the

elevator and rudder control cables and

fairleads in the area of the rear pressure

bulkhead, and to determine correct

installation of the bulkhead.
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14373

(i) If any chafing is found, prior to further

flight, replace the chafed cable with a

serviceable cable.

(ii) If any incorrect installation is found,

prior to further flight, readjust the

installation.

(3) Perform an inspection for chafing of the

engine control cables and fairleads in the

area of the fuselage conduit seal housing and

the wing/nacelle fairleads. If any chafing is

found, prior to further flight, replace the

chafed cable with a serviceable cable.

(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 March

20, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–7686 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–31–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 727 and Model 737 Series

Airplanes Equipped With J.C. Carter

Company Fuel Valve Actuators

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), applicable to certain Boeing

Model 727 and Model 737 series

airplanes, that would have required

replacement of the actuator of the

engine fuel shutoff valve and the fuel

system crossfeed valve with an

improved actuator. That proposal was

prompted by a report indicating that,

during laboratory tests, the actuator

clutch on the engine fuel shutoff and

crossfeed valves failed to function

properly. This action expands the

applicability of the proposed rule by

including an additional Kearfott

actuator that is subject to the addressed

unsafe condition. The actions specified

by this proposed AD are intended to

prevent improper functioning of these

actuators, which could result in a fuel

imbalance due to the inability of the

flightcrew to crossfeed fuel; improperly

functioning actuators also could prevent

the pilot from shutting off the fuel to the

engine following an engine failure and/

or fire.

DATES: Comments must be received by

April 14, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

31–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

J.C. Carter Company Inc., Aerospace

Components and Repair Service, 673 W.

17th Street, Costa Mesa, California

92627–3605. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Stephen S. Bray, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (206) 227–2175;

fax (206) 227–1181.

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–31–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–31–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

Boeing Model 727 and 737 series

airplanes, was published as a notice of

proposed rulemaking (NPRM) in the

Federal Register on March 29, 1996 (61

FR 14034). That NPRM would have

required replacement of the actuator

having P/N 40574–5 (Kearfott Model

3715–9) on the fuel system crossfeed

valve and the engine shutoff valves

either with a new actuator having P/N

40574–4, or with an actuator having P/

N 40574–2 and a nameplate. That

NPRM was prompted by a report

indicating that, during laboratory tests,

the actuator clutch on the engine shutoff

and crossfeed valves failed to function

properly. That condition, if not

corrected, could result in improper

functioning of these actuators, which

could result in a fuel imbalance due to

the inability of the flightcrew to

crossfeed fuel; improperly functioning

actuators could also prevent the pilot

from shutting off the fuel to the engine

following an engine failure and/or fire.

Actions Since Issuance of Previous

Proposal

Due consideration has been given to

the comments received in response to

the NPRM:

Request for Clarification of What

Prompted the NPRM

One commenter points out that the

description of what prompted the

NPRM that appeared in the Summary

section of the preamble to the notice

states that ‘‘during laboratory tests, the

actuator clutch on the engine shutoff

valves slipped at cold temperatures due