31382 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules

Issued in Renton, Washington, on June 3,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–15248 Filed 6–8–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–113–AD]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Supplemental notice of

proposed rulemaking; reopening of

comment period.

SUMMARY: This document revises an

earlier proposed airworthiness directive

(AD), applicable to certain Dornier

Model 328–100 series airplanes, that

would have required repetitive

inspections to detect cracking of the

support beam of the main landing gear

(MLG) fairing; and permanent repair of

any cracking found, which would

terminate the repetitive inspections.

This new action revises the proposed

rule by adding a requirement for

installation of reinforcement parts for

the longitudinal beam of the MLG

fairing, which also would terminate the

repetitive inspections. This new action

also limits the applicability of the

proposed rule. This proposal is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this new

proposed AD are intended to prevent

cracking of the support beam of the

MLG fairing, which could result in

reduced structural integrity of the lower

part of the MLG fairing, and consequent

separation of part of the fairing from the

airplane and possible damage to the

airplane or injury to persons on the

ground.

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. 96–NM–

113–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 96–NM–113–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.

96–NM–113–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to add an airworthiness

directive (AD), applicable to certain

Dornier Model 328–100 series airplanes,

was published as a notice of proposed

rulemaking (NPRM) in the Federal

Register on April 9, 1997 (62 FR 17129).

That NPRM would have required

repetitive inspections to detect cracking

of the support beam of the main landing

gear (MLG) fairing; and permanent

repair of any cracking found, which

would terminate the repetitive

inspections. That NPRM was prompted

by reports of cracking of the support

beam of the MLG fairing. That

condition, if not corrected, could result

in reduced structural integrity of the

lower part of the MLG fairing, and

consequent separation of part of the

fairing from the airplane and possible

damage to the airplane or injury to

persons on the ground.

Disposition of Comments

Due consideration has been given to

the comments received in response to

the NPRM.

Request To Cite Additional Service

Information

One commenter, the manufacturer,

requests that the FAA revise the

proposal to reference Dornier Service

Bulletin SB–328–53–184, Revision 1,

dated July 2, 1997. That service bulletin

describes procedures for installation of

reinforcement parts for the longitudinal

beam of the MLG fairing, which would

eliminate the need for the repetitive

inspections. The effectivity listing of the

service bulletin limits accomplishment

of the installation of reinforcement parts

to those airplanes on which the

installation was not accomplished in

production. Accomplishment of the

action specified in the service bulletin

is intended to adequately address the

identified unsafe condition. The

Luftfahrt-Bundesamt (LBA), which is

the airworthiness authority for

Germany, classified the original release

of this service bulletin, dated January

10, 1997, as mandatory and issued

German airworthiness directive 97–073,

dated March 27, 1997, in order to assure

the continued airworthiness of these

airplanes in Germany.

The FAA concurs with the

commenter’s request. The FAA finds

that accomplishment of the terminating

action is necessary within 3,000 hours

time-in-service, as specified in the

German airworthiness directive. The

FAA has revised this supplemental

NPRM accordingly. Additionally, the

cost impact information, below, has

been revised to reflect any additional

costs to operators.
Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules 31383

Request To Revise Compliance Time

The manufacturer requests that the

FAA consider adjusting the compliance

time specified in paragraph (a)(2) of the

proposed AD to provide an option for

temporary repair if cracks less than 50

mm are found, and to allow a repetitive

inspection every 300 flight hours until

the crack length exceeds 50 mm, as

recommended in Dornier Alert Service

Bulletin ASB–328–53–010, dated

October 13, 1995. The commenter states

that the request is based on the work

hours required to accomplish the

installation of reinforcement parts (as

described in Dornier Service Bulletin

SB–328–53–184) and the availability of

mod kits. Additionally, the commenter

notes that this option for temporary

repair would provide relief for operators

to continue revenue flight until arrival

at a suitable maintenance facility.

The FAA does not concur. As stated

in the original NPRM, the FAA has

determined that, due to the safety

implications and consequences

associated with such cracking, the

permanent repair would be required to

be accomplished prior to further flight,

if evidence of cracking is found. This

supplemental NPRM also adds a

requirement for installation of

reinforcement parts within 3,000 hours

time-in-service, which would terminate

the requirement for the repetitive

inspections; this installation can be

accomplished prior to any finding of

cracks, and so may be more easily

scheduled at the operator’s

convenience. Additionally, under the

provisions of paragraph (d) of this

supplemental NPRM, the FAA may

approve requests for adjustments to the

compliance time if data are submitted to

substantiate that such an adjustment

would provide an acceptable level of

safety.

Conclusion

Since the change described previously

expands the scope of the originally

proposed rule, the FAA has determined

that it is necessary to reopen the

comment period to provide additional

opportunity for public comment.

Cost Impact

The FAA estimates that 47 Dornier

Model 328–100 series airplanes of U.S.

registry would be affected by this

proposed AD.

It would take approximately 1 work

hour 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 $2,820, or

$60 per airplane, per inspection cycle.

It would take approximately 8 work

hours per airplane to accomplish the

proposed installation of reinforcement

parts, and that the average labor rate is

$60 per work hour. Required parts

would be supplied by the manufacturer

at no cost to the operators. Based on

these figures, the cost impact of the

installation proposed by this AD on U.S.

operators is estimated to be $22,560, or

$480 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.

Should an operator be required to

accomplish the permanent repair of

cracked structure, it would take

approximately 3 work hours per

airplane to accomplish it, at an average

labor rate of $60 per work hour.

Required parts would be supplied by

the manufacturer at no cost to the

operators. Based on these figures, the

cost impact of the repair action, if

accomplished, is estimated to be $180

per airplane.

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:

Dornier Luftfahrt GmbH: Docket 96–NM–

113–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005, 3008, 3009,

and 3011 through 3079 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 (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 reduced structural integrity of

the lower part of the main landing gear

(MLG) fairing, and consequent separation of

part of the fairing from the airplane and

possible damage to the airplane or injury to

persons on the ground, accomplish the

following:

(a) Within 300 hours time-in-service after

the effective date of this AD, perform a visual

inspection to detect cracking of the lower

attachment flanges in the area of the bend

radii of the forward and aft support beams of

the MLG, in accordance with Dornier Alert

Service Bulletin ASB–328–53–010, dated

October 13, 1995.

(1) If no cracking is found, repeat the

inspection thereafter at intervals not to

exceed 300 hours time-in-service, until the

actions required by either paragraph (a)(2) or

(b) of this AD have been accomplished.

(2) If any cracking is found, prior to further

flight, accomplish the permanent repair in

accordance with the alert service bulletin.

Accomplishment of the permanent repair

constitutes terminating action for the

repetitive inspections required by this AD.

(b) Within 3,000 hours time-in-service after

the effective date of this AD, install

reinforcement parts for the longitudinal beam
31384 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules

of the MLG, in accordance with Dornier

Service Bulletin SB–328–53–184, Revision 1,

dated July 2, 1997. Accomplishment of this

installation constitutes terminating action for

the 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, 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.

(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 German airworthiness directives 95–413,

dated November 2, 1995, and 97–073, dated

March 27, 1997.

Issued in Renton, Washington, on June 3,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–15247 Filed 6–8–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–ASW–31]

Proposed Revision of Class D

Airspace; Dallas NAS, Dallas, TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to revise

the Class D airspace extending upward

from surface to and including 3,000 feet

mean sea level(MSL), within a 4.2-mile

radius of Grand Prairie Municipal

Airport, TX. The development of global

positioning system (GPS) and very high

frequency omnidirectional range/

distance measuring equipment (VOR/

DME) standard instrument approach

procedures (SIAPs) to runway 35 at

Grand Prairie Municipal Airport, Grand

Prairie, TX, has made this rule

necessary. The intended effect of this

proposal is to provide adequate

controlled airspace for aircraft operating

in the vicinity of Grand Prairie

Municipal Airport, Grand Prairie, TX.

DATES: Comments must be received on

or before August 10, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to Manager,

Airspace Branch, Air Traffic Division,

Federal Aviation Administration

Southwest Region, Docket No. 98–

ASW–31, Fort Worth, TX 76193–0520.

The official docket may be examined

in the Office of the Regional Counsel,

Southwest Region Federal Aviation

Administration, 2601 Meacham

Boulevard, Fort Worth, TX, between

9:00 a.m. and 3:00 p.m., Monday

through Friday except Federal holidays.

An informal docket may also be

examined during normal business hours

at the Airspace Branch, Air Traffic

Division, Federal Aviation

Administration Southwest Region, 2601

Meacham Boulevard, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Airspace Branch, Air

Traffic Division, Federal Aviation

Administration, Southwest Region,

Forth Worth, TX 76193–0520;

telephone: (817) 222–5593.

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 under the caption ADDRESSES.

Commenters wishing the FAA to

acknowledge receipt of their comments

on this notice must submit, with those

comments, a self-addressed, stamped,

postcard containing the following

statement ‘‘Comments to Airspace

Docket No. 98–ASW–31.’’ The postcard

will be date and 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 the light of comments received. All

comments submitted will be available

for examination in the Office of the

Regional Counsel, Southwest Region

Federal Aviation Administration, 2601

Meacham Boulevard, Fort Worth, TX,

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

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the

Operations Branch, Air Traffic Division,

Federal Aviation Administration,

Southwest Region, Fort Worth, TX

76193–0520. Communications must

identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRM’s should also request a copy of

Advisory Circular No. 11–2A that

describes the application procedure.

The Proposal

The FAA is considering an

amendment to 14 CFR part 71 to

establish Class D airspace, controlled

airspace extending upward from the

surface to and including 3,000 feet MSL,

at Grant Prairie Municipal Airport,

Grand Prairie, TX. The development of

GPS and VOR/DME SIAPs to runway 35

at Grand Prairie Municipal Airport,

Grand Prairie, TX, has made this rule

necessary. The intended effect of this

proposal is to provide adequate Class D

airspace for aircraft operating in the

vicinity of Grand Prairie Municipal

Airport, Grand Prairie, TX.

The coordinates for this airspace

docket are based on North American

Datum 83. Designated Class D airspace

areas are published in Paragraph 5000 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 Class D

airspace designation listed in this

document would be published

subsequently in the order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations that need frequent and

routine amendments to keep them

operationally current. It, therefore—(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

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.