29546 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

(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

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.

(d) The actions shall be done in accordance

with Shorts Service Bulletin SD360–39–04,

Revision 1, dated January 12, 1998. 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 Short

Brothers, Airworthiness & Engineering

Quality, P.O. Box 241, Airport Road, Belfast

BT3 9DZ, Northern Ireland. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in British airworthiness directive 008–09–97.

(e) This amendment becomes effective on

July 6, 1998.

Issued in Renton, Washington, on May 20,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–14026 Filed 5–29–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–58–AD; Amendment

39–10546; AD 98–11–21]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–8–102, –103, and –301

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain de Havilland

Model DHC–8–102, –103, and –301

series airplanes, that requires a one-time

inspection for wear and breakage of wire

segments of the individual lighting units

of the ceiling and sidewall lights, and

replacement of any damaged wiring.

This amendment also requires

installation of teflon spiral wrap on the

wiring of the ceiling and sidewall lights.

This amendment is prompted by reports

of chafing found on the electrical wiring

of the cabin ceiling lighting system. The

actions specified by this AD are

intended to prevent the possibility of a

fire on an airplane due to such chafing

and consequent short circuiting,

overheating, and smoking of the wires

on the aircraft structure.

DATES: Effective July 6, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 6, 1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Bombardier, Inc., Bombardier

Regional Aircraft Division, Garratt

Boulevard, Downsview, Ontario M3K

1Y5, Canada. 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, New York

Aircraft Certification Office, 10 Fifth

Street, Third Floor, Valley Stream, New

York; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Peter Cuneo, Electrical Engineer, New

York Aircraft Certification Office,

Systems & Flight Test Branch (ANE–

172), FAA, Engine and Propeller

Directorate, 10 Fifth Street, Third Floor,

Valley Stream, New York 11581–1200;

telephone (516) 256–7506; fax (516)

568–2716.

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 de

Havilland Model DHC–8–102, –103, and

–301 series airplanes was published in

the Federal Register on September 13,

1996 (61 FR 48437). That action

proposed to require a one-time

inspection for wear and breakage of wire

segments of the individual lighting units

of the ceiling and sidewall lights, and

replacement of any damaged wiring.

That action also proposed to require

installation of teflon spiral wrap on the

wiring of the ceiling and sidewall lights.

Comments

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, an aerospace lighting

manufacturer, requests that the

proposed rule be revised to require, as

a first step, an initial inspection of the

entire cabin lighting system, and

repetitive inspections of the entire cabin

lighting system after a fixed number of

flight hours after a trigger event such as

any lighting component failure. The

commenter contends that, despite initial

inspections and installation of

secondary insulation, cases of fire or

smoke caused by arcing from

fluorescent lighting high voltage wiring

have continued in other airplane

models. Further, the commenter notes

that an existing AD [AD 95–08–04,

amendment 39–9193, (60 FR 19348,

April 18, 1995)] was issued for a similar

electrical arcing problem of the

fluorescent lighting system connector

and requires an inspection and

modification of some connectors.

However, the commenter asserts that the

requirement for repetitive inspections is

not the total answer in preventing cases

of fire or smoke due to arcing from

fluorescent lighting high voltage wiring.

An additional step would be to require

certain protection circuitry for the

fluorescent lighting systems that would

provide for terminating action of the

repetitive inspections. The commenter

suggests that, since certain protection

circuitry for fluorescent lighting

components has been approved by the

FAA, is in use on several different

airplanes, and has had no negative inservice reports, the FAA should

consider requiring installation of such

protection circuitry as a terminating

action for the requirements of the

proposed rule.

The FAA does not concur that

installation of protection circuitry

should be required in this case. The

FAA finds that, based on information

provided by the airplane manufacturer,

installation of the Teflon spiral wrap

will provide an adequate level of safety.

No change to the final rule is necessary.

However, the FAA may approve a

request for an alternative method of

compliance under the provisions of

paragraph (b) of this final rule if data are

submitted to substantiate that an

equivalent level of safety would be

provided.

In regard to the commenter’s reference

to AD 95–08–04, the FAA acknowledges

that the unsafe condition of both AD’s

are similar (possibility of a fire on an

airplane). However, the FAA has

determined that the causes of the unsafe

condition are not the same. The earlier

existing AD addresses a component

failure in the high voltage circuitry of
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29547

the lighting system as the cause of the

unsafe condition; this AD addresses

chafed wires in the 28VdC supply side

of the lighting system as the cause of the

unsafe condition. Therefore, the FAA

finds that it is logical and practical that

the actions required to correct the

unsafe condition are not necessarily

identical to each other.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 73 de

Havilland Model DHC–8–102, –103, and

301 series airplanes of U.S. registry will

be affected by this proposed AD, that it

will take approximately 30 work hours

per airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $250 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $149,650, or $2,050 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the 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 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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from 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 the following new airworthiness

directive:

98–11–21 De Havilland, Inc.: Amendment

39–10546. Docket 96–NM–58–AD.

Applicability: Model DHC–8–102, –103,

and –301 series airplanes; serial numbers 002

though 010 inclusive, 012 through 201

inclusive, 203 through 209 inclusive, 211

through 215 inclusive, 217 through 220

inclusive, 222, and 223; on which de

Havilland Modification 8/1114 or 8/1110

(reference de Havilland Service Bulletin S.B.

8–33–35) has not 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 the possibility of a fire on an

airplane due to chafing of the electrical

wiring of the cabin ceiling lighting system,

accomplish the following:

(a) Within 1,000 hours time-in-service or 6

months after the effective date of this AD,

whichever occurs first: Accomplish the

requirements of paragraphs (a)(1) and (a)(2)

of this AD in accordance with de Havilland

Service Bulletin S.B. 8–33–35, dated

September 1, 1995.

(1) Perform a one-time inspection for wear

and breakage of wire segments of the

individual lighting units of the ceiling and

sidewall lights. Prior to further flight, replace

any damaged wiring.

(2) Install teflon spiral wrap on the wiring

of the ceiling and sidewall lights

(Modification 8/2158).

(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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(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.

(d) The actions shall be done in accordance

with de Havilland Service Bulletin S.B. 8–

33–35, dated September 1, 1995. 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

Bombardier, Inc., Bombardier Aircraft

Division, Garratt Boulevard, Downsview,

Ontario M3K 1Y5, Canada. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Engine and

Propeller Directorate, New York Aircraft

Certification Office, 10 Fifth Street, Third

Floor, Valley Stream, New York; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in Canadian airworthiness directive CF–95–

18, dated December 15, 1995.

(e) This amendment becomes effective on

July 6, 1998.

Issued in Renton, Washington, on May 20,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–14025 Filed 5–29–98; 8:45 am]

BILLING CODE 4910–13–U

RAILROAD RETIREMENT BOARD

20 CFR Part 255

RIN 3220–AB34

Recovery of Overpayments

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board (Board) hereby amends its

regulations regarding recovery of

overpayments to explain what actuarial

tables and interest rates are used to

calculate an actuarial adjustment in an