Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations 32121

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 (d) 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 in the

body of this AD, unless already

accomplished.

To prevent the windshield wiper arm from

corroding, detaching from the airplane

during flight, and penetrating the fuselage,

which, if not corrected, could result in

possible injury to pilot and passengers; and

to prevent collapse of the nose landing gear

caused by design deficiency, which could

result in loss of control of the airplane during

landing operations, accomplish the

following:

(a) Within the next 90 days after the

effective date of this AD, replace the

windshield wiper arm and windshield wiper

attachment bolt in accordance with the

Accomplishment Instructions section in

Jetstream Series 3100/3200 Service Bulletin

(SB) 30–JA 950641, which incorporates the

following pages:

Pages Revision level Date

1 ................... Revision 1 .... March 18,

1997.

2 through 8 ... Revision 2 .... March 18,

1997.

This service bulletin specifies following

the procedures provided in the

Accomplishment Instructions section of

Rosemount Aerospace Inc. Service Bulletin

No. 2314M–30–16, dated December 1996.

(b) Within the next 90 days after the

effective date of this AD, measure the outer

wall thickness of the nose landing gear (NLG)

toggle bracket lugs and the axle bracket lugs

in accordance with the Accomplishment

Instructions in APPH Precision Hydraulics

SB No. 32–66, which incorporates the

following pages:

Pages Revision level Date

1, 3, 4, and 5 Revision 1 .... October

1996.

2 and 6 ......... Revision 2 .... March 1997.

Note 2: The APPH SB is referenced in the

Accomplishment Instructions in Jetstream

Series 3100/3200 Alert Service Bulletin No.

32–JA 960601, Revision No. 1, April 11,

1997, Original Issue, October 25, 1996.

(1) Prior to further flight, replace the NLG

toggle bracket lugs and axle bracket lugs, if

the measurements of the outer wall thickness

do not meet the criteria set out in the Table

contained in paragraph B. (5) of the

Accomplishment Instructions section in

APPH Precision Hydraulics SB No. 32–66, as

referenced in paragraph (b) of this AD.

(2) If the measurements of the outer wall

thickness are within the criteria set out in the

Table contained in paragraph B. (5) of the

Accomplishment Instructions section in

APPH Precision Hydraulics SB 32-66, as

referenced in paragraph (b) of this AD,

replace the NLG toggle bracket lugs and axle

bracket lugs at the end of the fatigue life

limits of the part, as specified in the Table

referenced above, or within the next 50

landings after the measurement is taken,

whichever occurs later.

Note 3: The compliance time in this AD

takes precedence over the compliance times

published in the applicable service bulletins.

(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) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, Aircraft Certification Service,

1201 Walnut, suite 900, Kansas City,

Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) Questions or technical information

related to the service information referenced

in this AD should be directed to British

Aerospace Regional Aircraft, Prestwick

International Airport, Ayrshire, KA9 2RW,

Scotland; telephone (01292) 79888; facsimile

(01292) 671715. This service information

may be examined at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

(f) The replacements required by this AD

shall be done in accordance with Jetstream

Series 3100/3200 Service Bulletin 30-JA

950641, which incorporates the following

pages:

Pages Revision level Date

1 ................... Revision 1 .... March 18,

1997.

2 through 8 ... Revision 2 .... March 18,

1997.

This service bulletin specifies following

the procedures provided in Rosemount

Aerospace Inc. Service Bulletin No. 2314M–

30–16, dated December, 1996;

—APPH Precision Hydraulics Service

Bulletin No. 32–66, which incorporates the

following pages:

Pages Revision level Date

1, 3, 4, and 5 Revision 1 .... October

1996.

2 and 6 ......... Revision 2 .... March 1997.

This service bulletin is referenced in

Accomplishment Instructions section of

Jetstream Series 3100/3200 Alert Service

Bulletin No. 32–JA 960601, Original Issue:

October 25, 1996, Revision No. 1: dated April

11, 1997.

(1) 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.

(2) Copies may be obtained from British

Aerospace Regional Aircraft, Prestwick

International Airport, Ayrshire, KA9 2RW,

Scotland. Copies may be inspected at the

FAA, Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri, or at the Office of the

Federal Register, 800 North Capitol Street,

NW, suite 700, Washington, DC.

Note 5: The subject of this AD is addressed

in British AD 002–10–96, not dated, for the

nose landing gear condition; and British AD

006–08–96, not dated, for the windshield

wiper condition.

(g) This amendment becomes effective on

July 28, 1998.

Issued in Kansas City, Missouri, on June 3,

1998.

Ronald K. Rathgeber,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–15360 Filed 6–11–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–54–AD; Amendment 39–

10584; AD 98–12–31]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Jetstream Model 3101

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain British Aerospace

Jetstream Model 3101 airplanes. This

AD requires repositioning the fuel cross

feed pipes in the lower center fuselage

to give an overall clearance of 2 inches

when measuring from the bottom of

Frame Station 223. This AD is the result

of mandatory continuing airworthiness

information (MCAI) issued by the

airworthiness authority for the United

Kingdom. The actions specified in this

AD are intended to prevent the fuel pipe

from fracturing during a wheels up

landing because of the positioning of the

fuel cross feed pipes, which could result

in an airplane fire.
32122 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations

DATES: Effective September 10, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

10, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 17, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–54–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Service information that applies to

this AD may be obtained from British

Aerospace Regional Aircraft, Prestwick

International Airport, Ayrshire, KA9

2RW, Scotland; telephone: (01292)

479888; facsimile: (01292) 479703. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 98–CE–54–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106; or at the Office of the Federal

Register, 800 North Capitol Street, NW,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

S.M. Nagarajan, Aerospace Engineer,

FAA, Small Airplane Directorate,

Aircraft Certification Service, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone: (816) 426–6934;

facsimile: (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, notified the FAA

that an unsafe condition may exist on

certain British Aerospace Jetstream

Model 3101 airplanes. The CAA reports

that current positioning of the fuel cross

feed pipes in the lower center fuselage

could present a problem in the event of

a wheels-up landing. A clearance of 2

inches measured from the bottom of

Frame Station 223 is necessary to assure

adequate crashworthiness of the

airplane. Under the current

configuration, this clearance is not

present.

This condition, if not corrected, could

result in the fuel pipe fracturing during

a wheels up landing and could lead to

an airplane fire.

Relevant Service Information

British Aerospace has issued

Jetstream Service Bulletin 28–JM 7161,

dated December 19, 1983, which

specifies procedures for repositioning

the fuel cross feed pipes in the lower

center fuselage to give an overall

clearance of 2 inches when measured

from the bottom of Frame Station 223.

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, classified this

service bulletin as mandatory in order to

assure the continued airworthiness of

these airplanes in the United Kingdom.

The CAA classifying a service bulletin

as mandatory in the United Kingdom is

the same as the FAA issuing an AD in

the United States.

The FAA’s Determination

This airplane model is manufactured

in the United Kingdom 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 CAA has

kept the FAA informed of the situation

described above.

The FAA has examined the findings

of the CAA; reviewed all available

information, including the service

information referenced above; and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of the Provisions of This

AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other British Aerospace

Jetstream Model 3101 airplanes of the

same type design registered in the

United States, the FAA is issuing an AD.

This AD requires repositioning the fuel

cross feed pipes in the lower center

fuselage to give an overall clearance of

2 inches when measured from the

bottom of Frame Station 223.

Accomplishment of the actions of this

AD would be required in accordance

with the previously referenced service

bulletin.

Cost Impact

The FAA estimates that 2 airplanes in

the U.S. registry will be affected by this

AD, that it will take approximately 20

workhours per airplane to accomplish

the required action, and that the average

labor rate is approximately $60 per work

hour. Based on these figures, the total

cost impact of this AD on U.S. operators

is estimated to be $2,400, or $1,200 per

airplane.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and therefore is

issuing it as a direct final rule. The

requirements of this direct final rule

address an unsafe condition identified

by a foreign civil airworthiness

authority and do not impose a

significant burden on affected operators.

In accordance with Section 11.17 of the

Federal Aviation Regulations (14 CFR

11.17) unless a written adverse or

negative comment, or a written notice of

intent to submit an adverse or negative

comment, is received within the

comment period, the regulation will

become effective on the date specified

above. After the close of the comment

period, the FAA will publish a

document in the Federal Register

indicating that no adverse or negative

comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, a written adverse or negative

comment, or written notice of intent to

submit such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and an opportunity for public

comment, comments are invited on this

rule. Interested persons are invited to

comment on this 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 under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended in light of the

comments received. Factual information

that supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must
Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations 32123

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–CE–54–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For reasons discussed in the

preamble, I certify that this regulation

(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 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 a new airworthiness directive

(AD) to read as follows:

98–12–31 British Aerospace: Amendment

39–10584; Docket No. 98–CE–54–AD.

Applicability: Jetstream Model 3101

airplanes, serial numbers 602 through 605,

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 within the next 100

hours time-in-service (TIS) after the effective

date of this AD, unless already accomplished.

To prevent the fuel pipe from fracturing

during a wheels up landing because of the

positioning of the fuel cross feed pipes,

which could result in an airplane fire,

accomplish the following:

(a) Reposition the fuel cross feed pipes in

the lower center fuselage to give an overall

clearance of 2 inches when measured from

the bottom of Frame Station 223. Accomplish

this action in accordance with British

Aerospace Jetstream Service Bulletin 28–JM

7161, dated December 19, 1983.

(b) 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.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

used if approved by the Manager, Small

Airplane Directorate, Aircraft Certification

Service, 1201 Walnut, suite 900, Kansas City,

Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) The repositioning required by this AD

shall be done in accordance with British

Aerospace Jetstream Service Bulletin 28–JM

7161, dated December 19, 1983. 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 British

Aerospace Regional Aircraft, Prestwick

International Airport, Ayrshire, KA9 2RW,

Scotland. Copies may be inspected at the

FAA, Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri, 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 Aerospace Jetstream Service

Bulletin 28–JM 7161, dated December 19,

1983. The airworthiness authority for the

United Kingdom classified this service

bulletin as mandatory.

(e) This amendment becomes effective on

September 10, 1998.

Issued in Kansas City, Missouri, on June 3,

1998.

Ronald K. Rathgeber,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–15499 Filed 6–11–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Title 15, Chapter VII

[Docket No. 980520134–8134–01]

RIN 0694–AB49

Exports of Humanitarian Goods and

Services to Cuba

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Notice of policy.

SUMMARY: On March 20, 1998, the

President announced three initiatives to

increase the provision of humanitarian

goods and services to Cuba. The Bureau

of Export Administration (BXA) is

streamlining procedures to facilitate the

export of humanitarian goods consistent

with recent legislation that provides

support for the Cuban people.

FOR FURTHER INFORMATION CONTACT:

James A. Lewis, Director, Office of

Strategic Trade and Foreign Policy

Controls, Bureau of Export

Administration, telephone: (202) 482–

4196.

SUPPLEMENTARY INFORMATION: On March

20, President Clinton announced that

the United States is taking a number of

steps to expand the flow of

humanitarian assistance to Cuba and to

help strengthen independent civil

society and increase religious freedom

in that country. These included lifting

the ban imposed in 1996 on direct

humanitarian flights to Cuba,

streamlining procedures for the sale of

medicines and medical equipment to

Cuba, and allowing family remittances

of specified amounts to close relatives

in Cuba. These measures are fully

consistent with the Cuban Democracy

Act of 1992 (CDA) which, in addition to

sustaining economic sanctions, also

enable and encourage the

Administration to conduct a program of

support for the Cuban people. The

resumption of direct humanitarian cargo

flights will enable humanitarian

assistance to reach the Cuban people in

less time and at less cost.

As a result of this decision, direct

humanitarian cargo flights may resume