Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30425

Conclusion

This action affects only certain novel

or unusual design features on the

Boeing Model 777 series airplanes. It is

not a rule of general applicability, and

it affects only the manufacturer who

applied to the FAA for approval of these

features on the airplane.

List of subjects in 14 CFR Part 25

Air transportation, Aircraft, Aviation

safety, Safety.

The authority citation for these

proposed special conditions is as

follows:

Authority: 49 U.S.C. 106(g), 40113, 44701,

44702, 44704.

The Proposed Special Conditions

Accordingly, the Federal Aviation

Administration proposes the following

special conditions as part of the type

certification basis for the Boeing Model

777 series airplanes equipped with seats

with articulating seat backs:

1. The articulating seat back must

reliably break away at the designed

inertial load.

2. The seat must provide an

equivalent level of head injury

protection under the maximum inertia

loading conditions under which the

articulating seat back will not break

away. The HIC value must not exceed

1,000 units at any time prior to break

away.

3. The head must not become

entrapped in the seat back opening

created by the articulating seat back,

during any testing conducted to

demonstrate compliance with §§ 25.562

and 25.785(b), and these special

conditions. The head must also not

become entrapped in the seat back

opening during any other foreseeable

operating or crash conditions.

4. The HIC must not exceed 1,000

units for any obvious protrusions or

recessed areas of the seat back opening

(i.e., bottom lip of the seat back

opening). The anthropomorphic test

device (ATD) must come in contact with

these protrusions or recessed areas of

the seat back opening.

5. It must be shown that the

additional breakaway features of the

articulating seat back do not pose an

entrapment hazard to the occupant of a

seat having these features and impacted

from the rear.

Issued in Renton, Washington, on May 27,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service,

ANM–100.

[FR Doc. 98–14882 Filed 6–3–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–118–AD]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model 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 ATR72

series airplanes. This proposal would

require a one-time inspection of certain

anchor nuts located on the upper

surface of the wings to detect damage,

and replacement of the anchor nuts with

new or serviceable nuts, if necessary.

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 failure of anchor

nuts on the upper surface of the wings,

which could result in reduced structural

integrity of the airplane.

DATES: Comments must be received by

July 6, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

118–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–118–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–118–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 ATR72 series

airplanes. The DGAC advises that

certain anchor nuts located on the upper

skin panel of the wings were found to

have failed. This failure has been

attributed to quality defects during

manufacture of a batch of the anchor

nuts, which may cause the nuts to

rupture after the tightening of

corresponding screws. Such failures, if

not corrected, could result in reduced

structural integrity of the airplane.

Explanation of Relevant Service

Information

The manufacturer has issued Avions

de Transport Regional Service Bulletin

ATR72–57–1019, dated July 7, 1997,

which describes procedures for a onetime inspection of certain anchor nuts

located on the upper surface of the
30426 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

wings to detect damage, and

replacement of any damaged nuts with

new or serviceable nuts.

Accomplishment of the action specified

in the service bulletin is intended to

adequately address the identified unsafe

condition. The DGAC classified this

service bulletin as mandatory and

issued French airworthiness directive

97–264–034(B), dated September 24,

1997, 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 § 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 bulletin described

previously, except as discussed below.

Differences Between Proposed Rule and

Service Bulletin

Operators should note that, although

the service bulletin specifies that the

manufacturer may be contacted for

disposition of certain repair conditions,

this proposal would require the repair of

those conditions to be accomplished in

accordance with a method approved by

either the FAA or the DGAC (or its

delegated agent). In light of the type of

repair that would be required to address

the identified unsafe condition, and in

consonance with existing bilateral

airworthiness agreements, the FAA has

determined that, for this proposed AD,

a repair approved by either the FAA or

the DGAC would be acceptable for

compliance with this proposed AD.

Cost Impact

The FAA estimates that 39 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 8 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 $18,720, or $480 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:

Aerospatiale: Docket 98–NM–118–AD.

Applicability: Model ATR72–102, –201,

–202, and –212 series airplanes, as listed in

Avions de Transport Regional Service

Bulletin ATR72–57–1019, dated July 7, 1997;

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 failure of anchor nuts on the

upper surface of the wings, which could

result in reduced structural integrity of the

airplane, accomplish the following:

(a) Within 6 months after the effective date

of this AD, inspect the anchor nuts having

part number (P/N) NAS1473A5 located on

the upper surface of the wing to detect

damage, in accordance with Avions de

Transport Regional Service Bulletin ATR72–

57–1019, dated July 7, 1997.

(1) If no damage is detected, no further

action is required by this AD.

(2) If any damage is detected, and the

damage is within the allowable limits

specified in the Accomplishment

Instructions of the service bulletin, prior to

the accumulation of an additional 4,000

flight cycles following the inspection, replace

the damaged nut having P/N NAS1473A5

with a new or serviceable nut, in accordance

with the Accomplishment Instructions of the

service bulletin.

(3) If any damage is detected, and the

damage is outside the allowable limits

specified in the Accomplishment

Instructions of the service bulletin, 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).

(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. 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
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30427

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 97–264–

034(B), dated September 24, 1997.

Issued in Renton, Washington, on May 28,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–14791 Filed 6–3–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AWA–1]

RIN 2120–AA66

Proposed Revision of the Legal

Description of the Memphis Class B

Airspace Area; Tennessee

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This notice proposes to revise

the legal description of the Memphis

Class B airspace area by changing the

point of origin of the airspace area from

the Memphis Very High Frequency

Omnidirectional Range/Tactical Air

Navigation (VORTAC) navigational aid

to a geographical point in space. The

FAA is taking this action due to the

relocation of the Memphis VORTAC.

This proposed action will not change

the actual dimensions, configuration, or

operating requirements of the Memphis

Class B airspace area. The effective date

of this rulemaking action would

coincide with the relocation of the

Memphis VORTAC.

DATE: Comments must be received on or

before July 6, 1998.

ADDRESS: Send comments on the

proposal in triplicate to the Federal

Aviation Administration, Office of Chief

Counsel, Attention: Rules Docket, AGC–

200, Airspace Docket No. 98–AWA–1,

800 Independence Avenue, SW,

Washington DC 20591. Comments may

also be sent electronically to the

following Internet address:

nprmcmts@mail.hq.faa.gov. 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:

Patricia P. Crawford, 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 should 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. 98–

AWA–1,’’ 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 also be filed in the

docket.

Availability of NPRM’s

An electronic copy of this document

may be downloaded using a modem and

suitable communications software from

the FAA regulations section of the

Fedworld electronic bulletin board

service (telephone: 703–321–3339) or

the Federal Register’s electronic

bulletin board service (telephone: 202–

512–1661).

Internet users may reach the FAA’s

web page at http://www.faa.gov or the

Federal Register’s webpage at http://

www.access.gpo.gov/su—docs for

access to recently published rulemaking

documents.

Any person may obtain a copy of this

NPRM by submitting a request to the

Federal Aviation Administration, Office

of Air Traffic Airspace Management,

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, that describes the application

procedure.

Background

Due to on-airport expansion, the

Memphis VORTAC will be relocated

approximately 2.85 miles south of its

current position. This relocation will

affect the current Memphis Class B

airspace area description. Due to this

relocation, the FAA is proposing to

redefine the legal description of the

Memphis Class B airspace area with

reference to a ‘‘point in space,’’ which

is the current geographic location of the

Memphis VORTAC, as the point of

origin.

The Proposal

The FAA proposes to amend 14 CFR

part 71 (part 71) by revising the legal

description of the Memphis Class B

airspace area. The current legal

description for the Memphis Class B

airspace area utilizes the Memphis

VORTAC as the point of origin. The

Memphis VORTAC will be relocated

2.85 nautical miles south of its current

location. Due to the relocation of this

navigational aid, the FAA proposes to

revise the legal description of the

Memphis Class B airspace area by

changing the point of origin from the

Memphis VORTAC to a point in space

geographical position. The geographical

point of origin that will be used as part

of the proposed legal description will be

the old location of the navigational aid.

This proposed action is a technical

amendment to the legal description and

would not change the actual

dimensions, configuration, and

operating requirements of the Memphis

Class B airspace area.

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