Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations 37061

List of Subjects in 10 CFR Part 34

Criminal penalties, Packaging and

containers, Radiation protection,

Radiography, Reporting and

recordkeeping requirements, Scientific

equipment, Security measures.

For reasons set out in the preamble

and under the authority of the Atomic

Energy Act of 1954, as amended, the

Energy Reorganization Act of 1974, as

amended; and U.S.C. 552 and 553, the

NRC is adopting the following

amendments to 10 CFR Part 34.

PART 34—LICENSES FOR

INDUSTRIAL RADIOGRAPHY AND

RADIATION SAFETY REQUIREMENTS

FOR INDUSTRIAL RADIOGRAPHIC

OPERATIONS

1. The authority citation for Part 34

continues to read as follows:

Authority: Secs. 81, 161, 182, 183, 68 Stat.

935, 948, 953, 954, as amended (42 U.S.C.

2111, 2201, 2232, 2233); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

Section 34.45 also issued under sec.

206, 88 Stat. 1246 (42 U.S.C. 5846).

2. Section 34.27, paragraph (e) is

revised to read as follows:

§ 34.27 Leak testing and replacement of

sealed sources.

* * * * *

(e) Each exposure device using

depleted uranium (DU) shielding and an

‘‘S’’ tube configuration must be tested

for DU contamination at intervals not to

exceed 12 months. The analysis must be

capable of detecting the presence of 185

Bq (0.005 microcuries) of radioactive

material on the test sample and must be

performed by a person specifically

authorized by the Commission or an

Agreement State to perform the analysis.

Should such testing reveal the presence

of 185 Bq (0.005 microcuries) or more of

removable DU contamination, the

exposure device must be removed from

use until an evaluation of the wear on

the S-tube has been made. Should the

evaluation reveal that the S-tube is worn

through, the device may not be used

again. DU shielded devices do not have

to be tested for DU contamination while

in storage and not in use. Before using

or transferring such a device however,

the device must be tested for DU

contamination if the interval of storage

exceeded 12 months. A record of the DU

leak-test must be made in accordance

with § 34.67. Licensees will have until

June 27, 1998, to comply with the DU

leak-testing requirements of this

paragraph.

3. In § 34.41, a new paragraph (d) is

added to read as follows:

§ 34.41 Conducting industrial radiographic

operations.

* * * * *

(d) Licensees will have until June 27,

1998, to meet the requirements for

having two qualified individuals

present at locations other than a

permanent radiographic installation as

specified in paragraph (a) of this

section.

4. In § 34.42, paragraph (d) is revised

to read as follows:

§ 34.42 Radiation Safety Officer for

industrial radiography.

* * * * *

(d) Licensees will have until June 27,

1999, to meet the requirements of

paragraph (a) or (b) of this section.

5. In § 34.43, paragraphs (a)(2) and (h)

are revised, and paragraph (i) is added

to read as follows:

§ 34.43 Training

(a) * * *

(2) The licensee may, until June 27,

1999, allow an individual who has not

met the requirements of paragraph (a)(1)

of this section, to act as a radiographer

after the individual has received

training in the subjects outlined in

paragraph (g) of this section and

demonstrated an understanding of these

subjects by successful completion of a

written examination that was previously

submitted to and approved by the

Commission.

* * * * *

(h) Licensees will have until June 27,

1998, to comply with the additional

training requirements specified in

paragraphs (b)(1) and (c)(1) of this

section.

(i) Licensees will have until June 27,

1999 to comply with the certification

requirements specified in paragraph

(a)(1) of this section. Records of

radiographer certification maintained in

accordance with § 34.79(a) provide

appropriate affirmation of certification

requirements specified in paragraph

(a)(1) of this section.

Dated at Rockville, Maryland, this 24th day

of June, 1998.

For the Nuclear Regulatory Commission.

L. Joseph Callan,

Executive Director for Operations.

[FR Doc. 98–18229 Filed 7–8–98; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–31–AD; Amendment

39–10649; AD 98–14–16]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Model

A300 series airplanes. This action

requires repetitive inspections to detect

cracks in the forward canted frames

between fuselage frames 47a and 48

from stringer (STGR) 41 to STGR 43;

and temporary repair, or replacement of

the forward canted frame with a new

frame, if necessary. This amendment is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified in this AD are

intended to detect and correct cracking

in the forward canted frames, which

could result in failure of the forward

canted frame, and consequent reduced

structural integrity of the airplane.

DATES: Effective July 24, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 24,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

August 10, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

31–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Airbus

Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

This information may be examined 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.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington
37062 Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: 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 Airbus Model A300 series

airplanes. The DGAC advises that it has

been informed of several reported cases

of fatigue cracking between frame 47a to

48 on the forward canted frame from

stringer (STGR) 41 to STGR 43. These

cracks were found on airplanes that had

accumulated between 20,900 and 24,000

flight cycles. This condition, if not

corrected, could result in failure of the

forward canted frame, and consequent

reduced structural integrity of the

airplane.

Explanation of Relevant Service

Information

Airbus has issued Service Bulletin

A300–53–0314, dated January 14, 1997,

which describes procedures for

repetitive eddy current inspections to

detect cracking in the forward canted

frames between fuselage frames 47a and

48 from STGR 41 to STGR 43; and

temporary repair, or replacement of the

forward canted frame with a new

forward canted frame, if necessary.

Following accomplishment of the

replacement, the service bulletin

recommends accomplishment of the

eddy current inspections at an extended

threshold and interval. Accomplishment

of the actions 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 97–063–

214(B), dated February 26, 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 section 21.29 of the

Federal Aviation Regulations (14 CFR

21.19) 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 the

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, this AD is being issued to detect

and correct cracking in the forward

canted frames, which could result in

failure of the forward canted frame, and

consequent reduced structural integrity

of the airplane. This AD requires

accomplishment of the actions specified

in the service bulletin described

previously, except as discussed below.

Difference Between This AD and

Related Service Information

Operators should note that, although

the service bulletin specifies that the

manufacturer may be contacted for

disposition of certain repair conditions,

this AD would require the repair of

those conditions to be accomplished in

accordance with a method approved by

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 AD, a repair

approved by either the FAA or the

DGAC would be acceptable for

compliance with this AD.

Cost Impact

None of the airplanes affected by this

action are on the U.S. Register. All

airplanes included in the applicability

of this rule currently are operated by

non-U.S. operators under foreign

registry; therefore, they are not directly

affected by this AD action. However, the

FAA considers that this rule is

necessary to ensure that the unsafe

condition is addressed in the event that

any of these subject airplanes are

imported and placed on the U.S.

Register in the future.

Should an affected airplane be

imported and placed on the U.S.

Register in the future, it would require

approximately 3 work hours to

accomplish the required inspection, at

an average labor rate of $60 per work

hour. Based on these figures, the cost

impact of this AD would be $180 per

airplane, per inspection cycle.

Determination of Rule’s Effective Date

Since this AD action does not affect

any airplane that is currently on the

U.S. register, it has no adverse economic

impact and imposes no additional

burden on any person. Therefore, prior

notice and public procedures hereon are

unnecessary and the amendment may be

made effective in less than 30 days after

publication in the Federal Register.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and 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

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–31–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.

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
Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations 37063

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:

98–14–16 Airbus: Amendment 39–10649.

Docket 98–NM–31–AD.

Applicability: Model A300 series airplanes,

certificated in any category, as listed below:

B2–1C, all serial numbers;

B2K–3C, all serial numbers;

B2–203, all serial numbers;

B4–203 having manufacturer’s serial number

255; and

B4–2C having manufacturer’s serial number

256.

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 (e) 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 detect and correct cracking in the

forward canted frames, which could result in

failure of the forward canted frame, and

consequent reduced structural integrity of the

airplane, accomplish the following:

(a) Perform an eddy current inspection to

detect cracking in the forward canted frame

between fuselage frames 47a and 48 from

stringer 41 to stringer 43, in accordance with

Airbus Service Bulletin A300–53–0314,

dated January 14, 1997; at the time specified

in paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of

this AD, as applicable. If no crack is detected,

repeat the inspection thereafter at intervals

not to exceed 2,100 flight cycles.

(1) For airplanes that have accumulated

less than 11,000 flight cycles as of the

effective date of this AD: Perform the

inspection prior to the accumulation of

11,000 total flight cycles, or within 2,000

flight cycles after the effective date of this

AD, whichever occurs later.

(2) For airplanes that have accumulated

11,000 or more total flight cycles, but less

than 14,000 total flight cycles, as of the

effective date of this AD: Perform the

inspection within 2,000 flight cycles after the

effective date of this AD.

(3) For airplanes that have accumulated

14,000 or more total flight cycles as of the

effective date of this AD: Perform the

inspection within 1,000 flight cycles after the

effective date of this AD.

(4) For airplanes on which the forward

canted frame has been replaced with a basic

frame (A53833393–200, –201, –202, –203,

–206, or –207): Perform the inspection prior

to the accumulation of 11,000 total flight

cycles since the frame replacement date, or

within 2,100 flight cycles after the effective

date of this AD, whichever occurs later.

(b) Except as provided by paragraph (d) of

this AD, if any crack is detected during any

inspection required by paragraph (a) of this

AD, prior to further flight, accomplish the

requirements of either paragraph (b)(1) or

(b)(2) of this AD, in accordance with Airbus

Service Bulletin A300–53–0314, dated

January 14, 1997. Thereafter, inspect in

accordance with the requirements of

paragraph (c) of this AD.

(1) Replace the forward canted frame with

a new forward canted frame. Or

(2) Perform the temporary repair and,

within 1,600 flight cycles after

accomplishment of the temporary repair,

replace the forward canted frame with a new

forward canted frame.

(c) Prior to accumulation of 24,600 flight

cycles after replacement of the forward

canted frame with a new forward canted

frame, and thereafter at intervals not to

exceed 3,200 flight cycles: Perform an eddy

current inspection to detect cracking of the

new forward canted frame in accordance

with the requirements of paragraph (a) of this

AD.

(d) For airplane having manufacturer’s

serial number 32: If any crack is detected

during any inspection required by paragraph

(a) of this AD, prior to further flight, repair

the crack in accordance with a method

approved by either the Manager,

International Branch, ANM–116, Transport

Airplane Directorate, FAA, or the Direction

Generale de l’Aviation Civile (DGAC) (or its

delegated agent).

(e) 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.

(f) 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.

(g) The actions shall be done in accordance

with Airbus Service Bulletin A300–53–0314,

dated January 14, 1997. 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 Airbus Industrie, 1 Rond

Point Maurice Bellonte, 31707 Blagnac

Cedex, France. 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 French airworthiness directive 97–063–

214(B), dated February 26, 1997.

(h) This amendment becomes effective on

July 24, 1998.

Issued in Renton, Washington, on June 30,

1998.

Vi L. Lipski,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–17954 Filed 7–8–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–03–AD; Amendment

39–10487]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–215–6B11 (CL–415 Variant)

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all Bombardier Model CL–

215–6B11 (CL–415 Variant) series

airplanes. This amendment requires

revising the Airplane Flight Manual

(AFM) to provide the flightcrew with

procedures to address a temporary loss

of battery bus power during engine

failure and consequent erroneous

indications of hydraulic system