24762 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules

1017, Revision 01, dated March 17, 1997) has

not been installed, 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 (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 detect and correct fatigue cracking of

the front spar vertical stringers on the wings,

which could result in reduced structural

integrity of the airframe, accomplish the

following:

(a) Prior to the accumulation of 24,000 total

flight cycles, or within 60 days after the

effective date of this AD, whichever occurs

later: Perform an eddy current inspection to

detect fatigue cracking of the front spar

vertical stringers on the wings, in accordance

with Airbus Service Bulletin A320–57–1016,

Revision 1, dated December 6, 1995.

(1) If no crack is detected, repeat the eddy

current inspection thereafter at intervals not

to exceed 14,000 flight cycles.

(2) If any crack is detected, prior to further

flight, repair in accordance with a method

approved by the Manager, International

Branch, ANM–116, FAA, Transport Airplane

Directorate; or the Direction Ge ́ne ́rale de

l’Aviation Civile (or its delegated agent).

Thereafter, repeat the eddy current

inspection at intervals not to exceed 14,000

flight cycles.

(b) Modification of the front spar vertical

stringers on the wings, in accordance with

Airbus Service Bulletin A320–57–1017,

Revision 01, dated March 17, 1997,

constitutes terminating action for the

repetitive inspection requirements of this

AD.

(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. 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.

(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 3: The subject of this AD is addressed

in French airworthiness directive 97–311–

105(B), dated October 22, 1997.

Issued in Renton, Washington, on April 29,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11889 Filed 5–4–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–10–AD]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–80 Series

Airplanes and Model MD–90–30 and

MD–88 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

McDonnell Douglas Model DC–9–80

series airplanes and Model MD–90–30

and MD–88 airplanes. This proposal

would require a one-time inspection of

the harness assembly of the tailcone

emergency evacuation slide to

determine the diameter of the swaged

balls; reidentification of the harness

assembly; and reinstallation or

replacement of the assembly with a new

assembly, if necessary. This proposal is

prompted by a failed deployment of the

tailcone emergency evacuation slide

during a system test conducted by the

manufacturer. The actions specified by

the proposed AD are intended to

prevent failure of the tailcone

emergency evacuation slide to deploy

automatically due to incorrect diameter

of the swaged balls on the wire rope of

the harness assembly.

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–

10–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

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 FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, Transport Airplane

Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT:

Alan Sinclair, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Transport Airplane

Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California

90712–4137; telephone (562) 627–5338;

fax (562) 627–5210.

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–10–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–10–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24763

Discussion

During an FAA-required system test

of the tailcone emergency evacuation

slide conducted by the manufacturer,

the slide failed to deploy automatically.

Reports indicate that the swaged ball on

the deployment harness of the slide

pulled off the wire rope, thus preventing

the automatic deployment of the slide.

An analysis of this incident revealed

that the swaged ball on the harness

assembly had pulled off the wire rope

due to incorrect diameter of the swaged

ball. This condition, if not corrected,

could result in failure of the tailcone

emergency evacuation slide to deploy

automatically.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

McDonnell Douglas Alert Service

Bulletins MD80–25A364 [for Model DC–

9–81 (MD–81), DC–9–82 (MD–82), DC–

9–83 (MD–83), and DC–9–87 (MD–87)

series airplanes, and Model MD–88

airplanes]; and MD90–25A030 (for

Model MD–90–30 airplanes); both dated

October 30, 1997; which describe

procedures for a one-time inspection of

the harness assembly (container

deployment harness) of the tailcone

emergency evacuation slide to

determine the diameter of the swaged

balls; reidentification of the harness

assembly; and reinstallation or

replacement of the assembly with a new

assembly, if necessary. For airplanes on

which the diameter of the swaged ball

is within specified limits, the alert

service bulletins describe procedures for

reinstallation of the reidentified harness

assembly. However, for airplanes on

which the diameter of the swaged ball

is outside specified limits, the alert

service bulletins describe procedures for

replacement of the harness assembly

with a new harness assembly.

Accomplishment of the actions

specified in the service bulletins is

intended to adequately address the

identified unsafe condition.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

require accomplishment of the actions

specified in the alert service bulletins

described previously.

Cost Impact

There are approximately 943

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

570 airplanes of U.S. registry would be

affected by this proposed AD, that it

would take approximately 2 work hours

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

$68,400, 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:

McDonnell Douglas: Docket 98–NM–10–AD.

Applicability: All Model DC–9–81 (MD–

81), DC–9–82 (MD–82), DC–9–83 (MD–83),

and DC–9–87 (MD–87) series airplanes; and

Model MD–88 and MD–90–30 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 (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 failure of the tailcone

emergency evacuation slide to deploy

automatically due to incorrect diameter of

the swaged balls on the wire rope of the

harness assembly, accomplish the following:

(a) Within 180 days after the effective date

of this AD, perform a one-time inspection of

the harness assembly of the tailcone

emergency evacuation slide to determine the

diameter of the swaged balls; in accordance

with McDonnell Douglas Alert Service

Bulletin MD80–25A364 [for Model DC–9–81

(MD–81), DC–9–82 (MD–82), DC–9–83 (MD–

83), and DC–9–87 (MD–87) series airplanes,

and Model MD–88 airplanes]; or MD90–

25A030 (for Model MD–90–30 airplanes);

both dated October 30, 1997.

(1) If the swaged balls are within the limits

specified in the applicable alert service

bulletin, prior to further flight, reidentify and

reinstall the harness assembly in accordance

with the applicable alert service bulletin.

(2) If the swaged balls are outside the limits

specified in the applicable alert service

bulletin, prior to further flight, replace the

harness assembly having part number (P/N)

8370024–3 with a new harness assembly

having P/N 8370024–9 or 8370024–3H, as

applicable, in accordance with the applicable

alert service bulletin.

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

person shall install a harness assembly (P/N)

8370024–3, on any airplane.

(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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of
24764 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(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.

Issued in Renton, Washington, on April 29,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11890 Filed 5–4–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ANM–23]

RIN 2120–AA66

Proposed Alteration of VOR Federal

Airway; Washington

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: The FAA is proposing an

amendment to its airspace regulations to

modify two Federal airways, V–165 and

V–287, located in the State of

Washington (WA), due to the newly

commissioned Penn Cove Very High

Frequency Omnidirectional Range/

Distance Measuring Equipment (VOR/

DME) navigational aid. Federal Airway

V–165 would be modified to provide a

route from the Olympia Very High

Frequency Omnidirectional Range/

Tactical Air Navigation System

(VORTAC), to Penn Cove VOR to

Bellingham, WA. Federal Airway V–287

would be modified to provide a route

from the Paine VORTAC to Penn Cove

VOR. The FAA is proposing this action

to improve the management of air traffic

operations in the State of Washington.

DATES: Comments must be received on

or before June 4, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air

Traffic Division, ANM–500, Docket No.

97–ANM–23, Federal Aviation

Administration, 1601 Lind Avenue,

Renton, WA 98055–4056.

The official docket may be examined

in the Rules Docket, Office of the Chief

Counsel, Room 916, 800 Independence

Avenue, SW., Washington, DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m. An

informal docket may also be examined

during normal business hours at the

office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT: Ken

McElroy, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 97–

ANM–23.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket both

before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

An electronic copy of this document

may be downloaded, using a modem

and suitable software, from the FAA

regulations section of the Fedworld

electronic bulletin board service

(telephone: 703–321–3339) or the

Government Printing Office’s electronic

bulletin board service (telephone: 202–

512–1661). Internet users may reach the

Government Printing Office’s web page

at http://www.access.gpo.gov/su—docs

for access to recently published

rulemaking documents in the Federal

Register.

Any person may also obtain a copy of

this NPRM by submitting a request to

the Federal Aviation Administration,

Office of Air Traffic Airspace

Management, ATA–400, 800

Independence Avenue, SW.,

Washington, DC 20591, or by calling

(202) 267–8783. Communications must

identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRM’s should call the FAA’s Office of

Rulemaking, (202) 267–9677, for a copy

of Advisory Circular No. 11–2A, Notice

of Proposed Rulemaking Distribution

System, which describes the application

procedure.

The Proposal

The FAA is proposing an amendment

to part 71 to modify two Federal

airways, V–287 and V–165, due to the

commissioning of the Penn Cove, WA,

VOR/DME. Federal Airway V–165

would be modified to provide a route

between Olympia and Bellingham, WA.

Federal Airway V–287 would be

modified to provide a route from the

Paine VORTAC to Penn Cove VOR. This

proposal would enhance air traffic

procedures by providing air traffic

controllers with added flexibility for

routing air traffic in the State of

Washington.

Domestic VOR Federal airways are

published in paragraph 6010(a) of FAA

Order 7400.9E dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Domestic VOR Federal

airways listed in this document would

be published subsequently in the Order.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this proposed 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)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration