19178 Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

(f) This amendment becomes effective on

June 2, 1998.

Issued in Kansas City, Missouri, on April

8, 1998.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–10053 Filed 4–16–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–CE–71–AD; Amendment 39–

10470; AD 98–08–21]

RIN 2120–AA64

Airworthiness Directives; SOCATAGroupe AEROSPATIALE Models TB10

and TB200 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain SOCATA-Groupe

AEROSPATIALE (Socata) Models TB10

and TB200 airplanes. This AD requires

inspecting the wing rear attachment

fittings for cracks, replacing any cracked

fitting, and incorporating wing rear

attachment fitting reinforcement kits.

This AD is the result of mandatory

continued airworthiness information

(MCAI) issued by the airworthiness

authority for France. The actions

specified by this AD are intended to

prevent structural failure of the wing

rear attachment fittings caused by cracks

in this area, which could result in the

wing separating from the airplane if the

airplane is operated with cracked wing

rear attachment fittings over an

extended period of time.

DATES: Effective June 3, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 3,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

the SOCATA-Groupe AEROSPATIALE,

Socata Product Support, Aeroport

Tarbes-Ossun-Lourdes, B P 930, 65009

Tarbes Cedex, France; telephone:

62.41.74.26; facsimile: 62.41.74.32; or

the Product Support Manager, SOCATA

Aircraft-Groupe AEROSPATIALE, North

Perry Airport, 7501 Pembroke Road,

Pembroke Pines, Florida 33023;

telephone: (954) 893–1160; facsimile:

(954) 964–4141. This information may

also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 95–CE–71–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Karl Schletzbaum, Aerospace Engineer,

FAA, Small Airplane Directorate, 1201

Walnut Street, suite 900, Kansas City,

Missouri 64106; telephone: (816) 426–

6934; facsimile: (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to certain Socata Models TB10

and TB200 airplanes was published in

the Federal Register as a notice of

proposed rulemaking (NPRM) on

December 16, 1997 (62 FR 65768). The

NPRM proposed to require inspecting

the wing rear attachment fittings for

cracks, replacing any cracked fitting,

and incorporating wing rear attachment

fitting reinforcement kits.

Accomplishment of the proposed action

as specified in the NPRM would be in

accordance with Socata Service Bulletin

No. SB 10–082–57, Amdt. 1, dated April

1996. Accomplishment of the proposed

reinforcement kits would be in

accordance with the technical

instructions included with each kit.

The NPRM was the result of

mandatory continued airworthiness

information (MCAI) issued by the

airworthiness authority for France.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the four

comments received from one

commenter.

Comment No. 1: Allow for Repetitive

Inspections Instead of Mandatory

Replacement

The commenter suggests that the

proposal incorporate Socata Service

Bulletin SB 10–082–57, Amendment 1,

as written. This service bulletin allows

for repetitive inspections of the wing

rear attachment fitting rather than

replacement.

The FAA does not concur. The FAA’s

policy is to provide corrective action,

when available, that will eliminate the

need for repetitive inspections. The

FAA has determined that long-term

operational safety will be better assured

by design changes that remove the

source of the problem, rather than by

repetitive inspections or other special

procedures. Therefore, since a design

change exists for the wing rear

attachment fittings that eliminates the

need for repetitive inspections, no

changes to the final rule are necessary

as a result of this comment.

Comment No. 2: The FAA Has

Exaggerated the Severity of the Unsafe

Condition

The commenter believes the FAA has

exaggerated the severity of the unsafe

condition with the statement ‘‘* * *

which could result in a wing separating

from the airplane with consequent loss

of control of the airplane.’’ The

commenter states that the Models TB10

and TB200 airplanes, even without the

wing rear attachment fittings, resist the

ultimate flight loads throughout the

flight envelope, and that the wing rear

attachment fittings on these airplanes

resist the ultimate landing loads up to

a weight of 1,092 kilograms.

The FAA partially concurs. The FAA

infers that the commenter does not

believe that the wing rear attachment

fittings are considered primary structure

since the commenter states that the

design of the airplane is such that this

area resists ultimate flight and landing

loads. In this area, the FAA does not

concur, and has determined that the

wing rear attachment fittings are

ultimate flight and landing load bearing

areas and considers the wing rear

attachment fittings primary structure.

The FAA does concur that the

statement of the wing separating from

the airplane with consequent loss of

control of the airplane could be

considered extreme. Wing separation

would only occur after continued

operation over a long period of time.

The FAA will change the above

statement that the commenter believes

is exaggerated to read: ‘‘* * * which

could result in the wing separating from

the airplane if the airplane is operated

with cracked wing rear attachment

fittings over an extended period of

time.’’

Comment No. 3: Incorrect Formula for

Converting Hours Time-in-Service Into

Landings

The commenter states that the AD

contains the wrong formula for

converting hours time-in-service (TIS)

into landings for the conditions of the

proposed AD. The commenter states

that hours TIS should be multiplied by

1.5 to obtain the number of landings,

instead of divided by 1.5 (multiplied by

.67).
Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations 19179

The FAA concurs and has changed

the final rule accordingly.

Comment No. 4: No Justification To

Require Kit Incorporation Prior to

Further Flight on Wing Rear

Attachment Fittings Not Found Cracked

The commenter believes that there is

no justification for requiring the

incorporation of Socata Kit OPT 10

920300 prior to further flight, as is

presented in the AD.

The FAA concurs that mandating the

incorporation of this kit prior to further

flight after the effective date of the AD

would be unjustified. However, the

FAA’s intent is to require the

incorporation of this kit prior to further

flight after the inspection required by

the AD. This inspection compliance

time is stated as ‘‘upon accumulating

3,000 landings on each wing rear

attachment fitting (total of four; two per

wing) or within the next 75 landings

after the effective date of this AD,

whichever occurs later.’’ The FAA will

change the kit incorporation compliance

time to read ‘‘prior to further flight after

the inspection required by paragraph (a)

of this AD’’ to eliminate any confusion.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for the

changes described above and minor

editorial corrections. The FAA has

determined that these changes and

minor corrections will not change the

meaning of the AD and will not add any

additional burden upon the public than

was already proposed.

Cost Impact

The FAA estimates that 71 airplanes

in the U.S. registry will be affected by

this AD. Accomplishing the actions of

this AD (both the inspection and

incorporation of the reinforcement kits)

will take approximately 11 workhours

per airplane (3 workhours for the

inspection of all four wing rear

attachment fitting areas, and 2

workhours to incorporate the

reinforcement kit at each of the four

wing rear attachment fitting areas), at an

average labor rate of approximately $60

an hour. Parts to accomplish this AD

cost approximately $200 per airplane

($50 per kit X 4 kits). Based on these

figures, the total cost impact of this AD

on U.S. operators is estimated to be

$61,060, or $860 per airplane.

Regulatory Impact

The regulations adopted herein will

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 final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

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 final

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, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends 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 a new airworthiness directive

(AD) to read as follows:

98–08–21 Socata—Groupe Aerospatiale:

Amendment 39–10470; Docket No. 95–

CE–71–AD.

Applicability: Models TB10 and TB200

airplanes, serial numbers 804; 807; 808; 816

through 819; 823 through 1701; 1707 through

1733; and 1737 through 1761, 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 (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 in the

body of this AD, unless already

accomplished.

To prevent structural failure of the wing

rear attachment fittings caused by cracks in

this area, which could result in the wing

separating from the airplane if the airplane is

operated with cracked wing rear attachment

fittings over an extended period of time,

accomplish the following:

Note 2: The compliance times of this AD

are presented in landings instead of hours

time-in-service (TIS). If the number of

landings is unknown, hours TIS may be used

by multiplying the number of hours TIS by

1.5.

Note 3: The paragraph structure of this AD

is as follows:

Level 1: (a), (b), (c), etc.

Level 2: (1), (2), (3), etc.

Level 3: (i), (ii), (iii), etc.

Level 2 and Level 3 structures are

designations of the Level 1 paragraph they

immediately follow.

(a) Upon accumulating 3,000 landings on

each wing rear attachment fitting (total of

four; two per wing) or within the next 75

landings after the effective date of this AD,

whichever occurs later, inspect the wing rear

attachment fittings for cracks in accordance

with the ACCOMPLISHMENT

INSTRUCTIONS section of Socata Service

Bulletin (SB) No. SB 10–082–57, Amdt. 1,

dated April 1996.

(1) If any fitting is found cracked on the

wing side, prior to further flight after the

inspection required by paragraph (a) of this

AD, replace the cracked fitting and

incorporate wing rear attachment fitting

reinforcement kit No. OPT10 920300 in

accordance with the Technical Instruction of

Modification, OPT10 9203–57, Wing Rear

Attachment Bracket, dated April 1996.

(2) If any fitting is found cracked on the

fuselage side, prior to further flight after the

inspection required by paragraph (a) of this

AD, accomplish the following:

(i) Incorporate wing rear attachment fitting

reinforcement kit No. OPT10 920500 in

accordance with the Technical Instruction of

Modification, OPT10 9205–57, Wing Rear

Attachment Rod, dated April 1996; and

(ii) Incorporate wing rear attachment fitting

reinforcement kit No. OPT10 920300 in

accordance with the Technical Instruction of

Modification, OPT10 9203–57, Wing Rear

Attachment Bracket, dated April 1996.

(3) If any fitting is not found cracked, prior

to further flight after the inspection required

by paragraph (a) of this AD, incorporate wing

rear attachment fitting reinforcement kit No.

OPT10 920300 in accordance with the

Technical Instruction of Modification, OPT10

9203–57, Wing Rear Attachment Bracket,

dated April 1996.
19180 Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations

(b) 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.

(c) An alternative method of compliance or

adjustment of the compliance times that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, FAA, 1201 Walnut, suite 900,

Kansas City, Missouri 64106. The request

shall be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) Questions or technical information

related to the service information referenced

in this AD should be directed to SOCATA—

Groupe AEROSPATIALE, Socata Product

Support, Aeroport Tarbes-Ossun-Lourdes, B

P 930, 65009 Tarbes Cedex, France;

telephone: 62.41.74.26; facsimile:

62.41.74.32; or the Product Support Manager,

SOCATA—Groupe AEROSPATIALE, North

Perry Airport, 7501 Pembroke Road,

Pembroke Pines, Florida 33023; telephone:

(954) 964–6877; facsimile: (954) 964–1668.

This service information may be examined at

the FAA, Central Region, Office of the

Regional Counsel, Room 1558, 601 E. 12th

Street, Kansas City, Missouri.

(e) The inspection required by this AD

shall be done in accordance with Socata

Service Bulletin No. SB 10–082–57, Amdt. 1,

dated April 1996. The replacements and

modifications required by this AD shall be

done in accordance with the Technical

Instruction of Modification, OPT10 9203–57,

Wing Rear Attachment Bracket, dated April

1996; and the Technical Instruction of

Modification, OPT10 9205–57, Wing Rear

Attachment Rod, dated April 1996. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

SOCATA—Groupe AEROSPATIALE, Socata

Product Support, Aeroport Tarbes-OssunLourdes, B P 930, 65009 Tarbes Cedex,

France; Product Support Manager, SOCATA

Aircraft—Groupe AEROSPATIALE, North

Perry Airport, 7501 Pembroke Road,

Pembroke Pines, Florida 33023. Copies may

be inspected at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW, suite 700,

Washington, DC.

Note 5: The subject of this AD is addressed

in French AD 94–249(A)R1, dated June 19,

1996.

(f) This amendment becomes effective on

June 3, 1998.

Issued in Kansas City, Missouri, on April

8, 1998.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–10057 Filed 4–16–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–40–AD; Amendment

39–10473; AD 98–08–24]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–10, –20, –30, –40,

and –50 Series Airplanes, and C–9

(Military) Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model DC–9–10, –20, –30, –40,

and –50 series airplanes, and C–9

(military) airplanes, that requires a onetime visual inspection to determine if

all corners of the forward lower cargo

doorjamb have been previously

modified. This amendment also requires

low frequency eddy current inspections

to detect cracks of the fuselage skin and

doubler at all corners of the forward

lower cargo doorjamb, various follow-on

repetitive inspections, and modification,

if necessary. This amendment is

prompted by fatigue cracks found in the

fuselage skin and doubler at the corners

of the forward lower cargo doorjamb.

The actions specified by this AD are

intended to detect and correct such

fatigue cracking, which could result in

rapid decompression of the fuselage and

consequent reduced structural integrity

of the airplane.

DATES: Effective May 22, 1998. The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 22,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from The Boeing Company, Douglas

Products Division, 3855 Lakewood

Boulevard, Long Beach, California

90846, Attention: Technical

Publications Business Administration,

Dept. C1–L51 (2–60). This information

may be examined at the Federal

Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Wahib Mina, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712; telephone (562) 627–

5324; fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain McDonnell

Douglas Model DC–9–10, –20, –30, –40,

and –50 series airplanes, and C–9

(military) airplanes was published in

the Federal Register on July 25, 1997

(62 FR 39975). That action proposed to

require a one-time visual inspection to

determine if all corners of the forward

lower cargo doorjamb have been

modified previously. That action also

proposed to require low frequency eddy

current (LFEC) inspections to detect

cracks of the fuselage skin and doubler

at all corners of the forward lower cargo

doorjamb, various follow-on repetitive

inspections, and modification, if

necessary.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received. One commenter

supports the proposed AD.

Permit Repairs in Accordance With

Designated Engineering Representative

(DER) Approval

One commenter requests that

proposed paragraphs (b)(3) and (c) be

revised to permit the repair of cracked

structure to be accomplished in

accordance with the DER of The Boeing

Company, Douglas Products Division for

a temporary basis, rather than the

Manager of the Los Angeles Aircraft

Certification Office (ACO). The

commenter states that such an approval

would expedite the process for repair

approval for a crack condition beyond

the allowable repair limits (i.e., greater

than 2 inches in length) and for existing

repairs that are not in accordance with

the DC–9 Structural Repair Manual

(SRM) or Service Rework Drawing.

The FAA does not concur that

revision of the AD is necessary. The

FAA is currently in the process of

implementing procedures by which ADmandated structural repairs may be

approved by certain DER’s employed by