27688 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 / Proposed Rules

the appropriate cargo compartment fire

extinguisher. Accomplishment of the

actions specified in the AOT is intended

to adequately address the identified

unsafe condition. The DGAC classified

this AOT as mandatory and issued

French airworthiness directive 94–056–

051(B), dated March 16, 1994, in order

to assure the continued airworthiness of

these airplanes in France.

FAA’s Conclusions

This airplane model is manufactured

in France 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

accomplishment of the actions specified

in the AOT described previously.

Cost Impact

The FAA estimates that 118 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 action, 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 $7,080, or

$60 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:

Airbus Industrie: Docket 98–NM–105–AD.

Applicability: Model A320 series airplanes,

manufacturer serial numbers 002 through 402

inclusive, on which Airbus Modification

20071 (reference Airbus Service Bulletin

A320–26–1020, dated January 4, 1993) has

been accomplished; 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 incorrect distribution of fire

extinguishing chemicals in the event of a fire

in the cargo compartment, which if

unconfined could spread beyond the cargo

compartment, accomplish the following:

(a) Within 450 flight hours after the

effective date of this AD, perform a one-time

electrical continuity test of the discharge

circuit for the cargo compartment fire

extinguisher bottle to detect any crossconnection of the electrical wires in the cargo

compartment discharge circuit, in accordance

with Airbus All Operator Telex (AOT) 26–10,

dated April 5, 1993. If any anomaly is

detected, prior to further flight, accomplish

corrective actions, in accordance with the

AOT.

(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,

International Branch, ANM–116, 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, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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.

Note 3: The subject of this AD is addressed

in French airworthiness directive 94–056–

051(B), dated March 16, 1994.

Issued in Renton, Washington, on May 14,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13394 Filed 5–19–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–149–AD]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR42 and ATR72 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 Aerospatiale Model ATR42 and
Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 / Proposed Rules 27689

ATR72 series airplanes. This proposal

would require a one-time inspection of

the electromagnetic interference (EMI)

filter capacitors and electronic cards of

the cabin air recirculation fans to detect

damage. This proposal also would

require replacement of damaged

components with new or serviceable

parts, and modification of the cabin air

assembly fans. This proposal is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by the proposed

AD are intended to prevent overheating

and consequent failure of the EMI filter

capacitors, which could result in

emission of toxic smoke and fumes

throughout the airplane, and consequent

adverse effects on flight crew and

passengers.

DATES: Comments must be received by

June 19, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

149–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

Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 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 98–NM–149–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–114, Attention: Rules Docket No.

98–NM–149–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that an unsafe

condition may exist on certain

Aerospatiale Model ATR42 and ATR72

series airplanes. The DGAC advises that

it has received several reports of toxic

smoke and fumes emitting into the

passenger compartments. Investigation

revealed that the toxic smoke and fumes

resulted from excess thermal stress

(overheating) of the electromagnetic

interference (EMI) filter capacitors on

the electronic cards of the cabin air

recirculation fans, which are associated

with the right and left air-conditioning

packs. The overheated EMI filter

capacitors leaked electrolyte onto the

electronic cards of the air recirculation

fans. The electrolyte leakage caused

short-circuiting, charring, and corrosion

of the electronic cards, emitting toxic

smoke into the passenger compartments.

Such overheating and consequent

failure of the EMI filter capacitors, if not

corrected, could result in emission of

toxic smoke and fumes throughout the

airplane, and consequent adverse effects

on flight crew and passengers.

Explanation of Relevant Service

Information

The manufacturer has issued Avions

de Transport Regional Service Bulletins

ATR42–21–0069, dated February 5,

1998 (for Model ATR42 series

airplanes), and ATR72–21–1048, dated

February 5, 1998 (for Model ATR72

series airplanes), which describe

procedures for performing a one-time

visual inspection to detect damage of

the EMI filter capacitors and electronic

cards of the cabin air recirculation fans

of the left and right air-conditioning

packs. The service bulletins also

describe procedures for replacement of

damaged components with new or

serviceable parts, and modification of

the cabin air assembly fans.

Accomplishment of the actions

specified in the service bulletins are

intended to adequately address the

identified unsafe condition. The DGAC

classified these service bulletins as

mandatory and issued French

airworthiness directive 98–070–074(B)

(for Model ATR42 series airplanes) and

98–073–037(B) (for Model ATR72 series

airplanes), both dated February 11,

1998, in order to assure the continued

airworthiness of these airplanes in

France.

Avions de Transport Regional Service

Bulletins reference EG&G Rotron

Service Bulletin 011232500–21–1, dated

December 12, 1997, as an additional

source of service information for

accomplishment of the modification.

FAA’s Conclusions

These airplane models are

manufactured in France 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 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

accomplishment of the actions specified

in the service bulletins described

previously.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

additional rulemaking.

Cost Impact

The FAA estimates that 81 airplanes

of U.S. registry would be affected by this
27690 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 / Proposed Rules

proposed AD, that it would take

approximately 3 work hours per

airplane to accomplish the proposed

inspection, at an average labor rate of

$60 per work hour. Based on these

figures, the cost impact of the inspection

proposed by this AD on U.S. operators

is estimated to be $14,580, or $180 per

airplane.

It would take approximately 2 work

hours per airplane to accomplish the

proposed modification at an average

labor rate of $60 per work hour. The

cost of the required parts would be

minimal. Based on these figures, the

cost impact of the modification

proposed by this AD on U.S. operators

is estimated to be $9,720, or $120 per

airplane.

The cost impact figures discussed

above are 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:

Aerospatiale: Docket 98–NM–149–AD.

Applicability: Model ATR42–300, –320,

and –500 series airplanes, as listed in

Aerospatiale Service Bulletin ATR42–21–

0069, dated February 5, 1998; and Model

ATR72–101, –102, –201, –202, –211, –212,

and –212A series airplanes, as listed in

Aerospatiale Service Bulletin ATR72–21–

1048, dated February 5, 1998; 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, unless

accomplished previously.

To prevent overheating and consequent

failure of the electromagnetic interference

(EMI) filter capacitors, which could result in

emission of toxic smoke and fumes

throughout the airplane, and consequent

adverse effects on flight crew and passengers,

accomplish the following:

(a) Within 11 months after the effective

date of this AD, perform a one-time visual

inspection to detect damage of the EMI filter

capacitors and electronic cards of the cabin

air recirculation fan of the right and left airconditioning packs, in accordance with

Avions de Transport Regional Service

Bulletin ATR42–21–0069, dated February 5,

1998 (for Model ATR42 series airplanes), or

ATR72–21–1048, dated February 5, 1998 (for

Model ATR72 series airplanes), as applicable.

(1) If no discrepancy is detected, prior to

further flight, modify and re-identify each fan

assembly, in accordance with the applicable

service bulletin.

(2) If any discrepancy is detected, prior to

further flight, replace the damaged

components with new or serviceable

components, and modify and re-identify the

fan assembly, in accordance with the

applicable service bulletin.

Note 2: Avions de Transport Regional

Service Bulletin ATR42–21–0069, dated

February 5, 1998 (for Model ATR42 series

airplanes), and ATR72–21–1048, dated

February 5, 1998 (for Model ATR72 series

airplanes), reference EG&G Rotron Service

Bulletin 011232500–21–1, dated December

12, 1997, as an additional source of service

information for accomplishment of the

modification.

(b) As of the effective date of this AD, no

person shall install on any airplane a cabin

air-conditioning recirculation Rotron fan

having part number (P/N) 011232500 Amend.

A, or P/N 011494500 Amend. A, on the left

or right air-conditioning pack.

(c) 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,

International Branch, ANM–116, 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, International Branch,

ANM–116.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(d) 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.

Note 4: The subject of this AD is addressed

in French airworthiness directives 98–070–

074(B) and 98–073–037(B), both dated

February 11, 1998.

Issued in Renton, Washington, on May 14,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13391 Filed 5–19–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–133–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

replacing the existing roll spoiler

control rods with improved parts. This

proposal is prompted by issuance of