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
Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 / Proposed Rules 27691

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by the proposed AD are

intended to prevent bending stress to

the fork end of the roll spoiler, which

could result in failure of the roll spoiler

and consequent reduced controllability

of the airplane.

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–

133–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

Fairchild Dornier, Dornier Luftfahrt

GmbH, P.O. Box 1103, D–82230

Wessling, Germany. 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–133–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–133–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, notified the FAA that an

unsafe condition may exist on certain

Dornier Model 328–100 series airplanes.

The LBA advises that the manufacturer

reported that insufficient clearance may

exist between the fork end of the roll

spoiler control rod and the bell crank of

the roll spoiler. Such insufficient

clearance could cause bending stress to

the fork end of the roll spoiler, which,

if not corrected, could result in failure

of the roll spoiler and consequent

reduced controllability of the airplane.

Explanation of Relevant Service

Information

The manufacturer has issued Dornier

Service Bulletin SB–328–27–247,

Revision 1, dated February 19, 1998,

which describes procedures for

replacing the existing roll spoiler

control rods with improved roll spoiler

control rods on the right and left sides

of the airplane. The LBA classified this

service bulletin as mandatory and

issued German airworthiness directive

1998–042, dated January 29, 1998, in

order to assure the continued

airworthiness of these airplanes in

Germany.

FAA’s Conclusions

This airplane model is manufactured

in Germany 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 LBA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LBA,

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 actions specified in

the service bulletin described

previously.

Cost Impact

The FAA estimates that 50 airplanes

of U.S. registry would be affected by this

proposed AD, and that it would take

approximately 3 work hours per

airplane to accomplish the proposed

replacement, at an average labor rate of

$60 per work hour. Required parts

would be provided by the manufacturer

at no cost to the operators. Based on

these figures, the cost impact of the

replacement proposed by this AD on

U.S. operators is estimated to be $9,000,

or $180 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.
27692 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 / Proposed Rules

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:

Dornier Luftfahrt GMBH: Docket 98–NM–

133–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3047

inclusive; 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 bending stress to the fork end

of the roll spoiler, which could result in

failure of the roll spoiler and consequent

reduced controllability of the airplane,

accomplish the following:

(a) Within 4 months after the effective date

of this AD, replace the existing roll spoiler

control rods on the right and left sides of the

airplane with improved parts, in accordance

with Dornier Service Bulletin SB–328–27–

247, Revision 1, dated February 19, 1998.

(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 request 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 German airworthiness directive 1998–042,

dated January 29, 1998.

Issued in Renton, Washington, on May 14,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13392 Filed 5–19–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–258–AD]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–90–30 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 McDonnell Douglas Model MD–

90–30 series airplanes. This proposal

would require repetitive inspections to

detect debris in the areas behind the aft

lavatory toilet shroud, behind the aft

lavatory modules, and below the cabin

floor aft of the aft cargo compartment

bulkhead; and removal of debris. This

proposal also would require

modification of the lavatory toilet

shroud assemblies and modification of

the lavatory entry door louvers, which

would terminate the repetitive

inspections. This proposal is prompted

by reports of paper debris collecting on

the hot pneumatic ducts below the

cabin floor. The actions specified by the

proposed AD are intended to prevent

paper debris from collecting on the

ducts, which could result in a potential

fire hazard or possible loss of elevator

control system redundancy.

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. 97–NM–

258–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:

Albert H. Lam, 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) 627–5346;

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 97–NM–258–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