Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules 14047

2. 9 CFR Sec. 1.1 et seq.

3. 2 U.S. Cong. & Admin. News ’66, at

2636.

4. P.L. 91–579.

5. 7 U.S.C.A. 2132(f).

6. 9 CFR at 1.1.

7. See Appendix 1.

8. See Appendix 2.

9. 3 Cong. & Admin. News ’70 , at 5104.

10. Id.

11. 7 U.S.C.A. 2132(f)(ii).

12. See letter to Ms. Holly Hazard from P.L.

Allen, February 2, 1989 at Appendix 3. See

also, letter to Ms. Sara Amundson from

Cheryl Oswalt, October 14, 1992 at Appendix

4.

13. 7 U.S.C.A. 2132(f). 

14. 7 U.S.C.A. 2132(g).

15. See letter to Holly Hazard from P.L.

Allen, February 2, 1989 at Appendix 3.

16. 2 U.S. Cong. & Admin News ’76, at

758–759.

17. See letter to Amundson at Appendix 4.

18. For a further analysis of this argument

see letter to Ms. Holly Hazard and Mr.

William Long from Mark D. Colley, Esq.,

Davis, Graham & Stubbs, L.L.C., June 9, 1995,

at page 3 at Appendix 5 which is herein

incorporated by reference.

19. Id. at page 1–2 at Appendix 5 which

is herein incorporated by reference.

20. 2 U.S. Cong. & Admin. News ’66, at

2635.

21. 3 U.S. Cong. & Admin. News ’70, at

5104.

[FR Doc. 97–7454 Filed 3–24–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–193–AD]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Model BAC 1–11 200 and

400 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 British Aerospace Model BAC 1–

11 200 and 400 series airplanes. This

proposal would require inspections of

the main landing gear (MLG) A-frame

attachment fittings to detect corrosion or

cracking, and repair or replacement of

cracked or corroded components with

new components. This proposal is

prompted by findings of corroded and

cracked A-frame components of the

MLG. The actions specified by the

proposed AD are intended to prevent

corrosion and cracking of MLG A-frame

components, which could result in

collapse of the MLG.

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–

193–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

British Aerospace, Airbus Limited, P.O.

Box 77, Bristol BS99 7AR, England. 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 96–NM–193–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–193–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, recently notified

the FAA that an unsafe condition may

exist on certain British Aerospace

Model BAC 1–11 200 and 400 series

airplanes. The CAA advises that, during

regular inspections for corrosion,

several cases of cracks were found in the

main landing gear (MLG) A-frame

attachment fittings of airplanes that had

accumulated between 32,000 and 43,000

landings. Laboratory investigation of

cracked components revealed that

cracks occurred as a result of stress

corrosion. The cracks initiated in the

bores of the lugs and propagated to the

outside radii. This condition, if not

corrected, could result in collapse of the

MLG.

Explanation of Relevant Service

Information

British Aerospace has issued Alert

Service Bulletin 53–A–PM6036, Issue 1,

dated November 24, 1995, which

describes procedures for repetitive

detailed visual inspections of MLG Aframe attachment fittings to detect

corrosion or cracking. The alert service

bulletin also provides procedures for

either repair or replacement of cracked

or corroded components with new

components. The CAA classified the

alert service bulletin as mandatory in

order to assure the continued

airworthiness of these airplanes in the

United Kingdom.

FAA’s Conclusions

These airplane models are

manufactured in the United Kingdom

and are 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 CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

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.
14048 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules

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

repetitive detailed visual inspections of

the MLG A-frame attachment fittings to

detect corrosion or cracking, and repair

or replacement of cracked or corroded

components with new components. The

actions would be required to be

accomplished in accordance with the

alert service bulletin described

previously.

Cost Impact

The FAA estimates that 25 Model

BAC 1–11 200 and 400 series airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 1 work hour 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 $1,500, or

$60 per airplane, per inspection.

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:

British Aerospace Airbus Limited (Formerly

British Aerospace Commercial Aircraft

Limited, British Aerospace Aircraft

Group): Docket 96–NM–193–AD.

Applicability: Model BAC 1–11 200 and

400 series airplanes; equipped with main

landing gear (MLG) A-frame attachment

fittings having the part numbers listed in

British Aerospace Alert Service Bulletin 53–

A–PM6036, Issue 1, dated November 24,

1995; 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 (f) 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 corrosion or cracking of MLG

A-frame fittings, which could result in

collapse of the MLG, accomplish the

following actions.

(a) Conduct a detailed visual inspection to

detect corrosion or cracking of the MLG Aframe attachment fittings, in accordance with

British Aerospace Alert Service Bulletin 53–

A–PM6036, Issue 1, dated November 24,

1995, and at the applicable time specified in

paragraph (a)(1) or (a)(2) of this AD:

(1) For airplanes that have accumulated

16,000 or fewer total landings as of the

effective date of this AD: Conduct the initial

inspection at the later of the times specified

in paragraphs (a)(1)(i) and (a)(1)(ii).

(i) Prior to the accumulation of 16,000 total

landings or within 8 years since new,

whichever occurs first; or

(ii) Within 6 months after the effective date

of this AD.

(2) For airplanes that have accumulated

more than 16,000 total landings as of the

effective date of this AD: Conduct the initial

inspection within 4,000 landings or 2 years

after the effective date of this AD, whichever

occurs first.

(b) If no corrosion or cracking is found,

repeat the inspection required by paragraph

(a) of this AD thereafter at intervals of 4,000

landings or 2 years, whichever occurs first.

(c) If corrosion is found and it is within the

limits specified in British Aerospace Alert

Service Bulletin 53–A–PM6036, Issue 1,

dated November 24, 1995, prior to further

flight, repair the component in accordance

with the alert service bulletin. After repair,

repeat the inspection required by paragraph

(a) of this AD thereafter at intervals of 4,000

landings or 2 years, whichever occurs first.

(d) If corrosion is found and it is outside

the limits specified in British Aerospace

Alert Service Bulletin 53–A–PM6036, Issue

1, dated November 24, 1995, prior to further

flight, replace the corroded component with

a new component in accordance with the

alert service bulletin. After replacement,

repeat the inspection required by paragraph

(a) of this AD thereafter at intervals of 4,000

landings or 2 years, whichever occurs first.

(e) If any cracking is found, prior to further

flight, replace the cracked component with a

new component in accordance with British

Aerospace Alert Service Bulletin 53–A–

PM6036, Issue 1, dated November 24, 1995.

After replacement, repeat the inspection

required by paragraph (a) of this AD

thereafter at intervals of 4,000 landings or 2

years, whichever occurs first.

(f) 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.

(g) 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

19, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–7518 Filed 3–24–97; 8:45 am]

BILLING CODE 4910–13–U