39254 Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules

(a) Prior to the accumulation of 3,000 total

flight hours, or within 300 flight hours after

the effective date of this AD, whichever

occurs later: Perform tests to detect internal

leakage of hydraulic fluid within the

hydraulic components of the ground spoiler

system and to detect a buildup of pressure in

the return line of the bypass valve, in

accordance with Dornier Service Bulletin

SB–328–29–220, dated May 20, 1997, or

Dornier Service Bulletin SB–328–29–220,

Revision 1, dated May 4, 1998.

(1) If no discrepancy is detected, repeat the

tests thereafter at intervals not to exceed

3,000 flight hours, until accomplishment of

the replacement required by paragraph (c) of

this AD.

(2) If any discrepancy is detected, prior to

further flight, accomplish the replacement

required by paragraph (c) of this AD.

(b) Install additional hydraulic lines and an

additional hydraulic shutoff valve in the

ground spoiler system, in accordance with

Dornier Service Bulletin SB–328–29–237,

Revision 1, dated December 17, 1997, at the

applicable time specified in either paragraph

(b)(1) or (b)(2) of this AD.

(1) For airplanes having serial numbers up

to and including 3086, equipped with ground

spoiler actuator, part number 1059A0000–02:

Install within 12 months after the effective

date of this AD.

(2) For airplanes having serial numbers up

to and including 3086, and equipped with

ground spoiler actuator, part number

1059A0000–03: Install within 7 days after the

effective date of this AD.

(c) Replace the relief restrictor valves of the

ground spoiler system, part number ZRV87–

2, with a redesigned valve having part

number ZRV87–3, in accordance with

Dornier Service Bulletin SB–328–27–243,

Revision 1, dated December 18, 1997, at the

applicable time specified in either paragraph

(c)(1) or (c)(2) of this AD. Accomplishment of

this replacement constitutes terminating

action for the repetitive tests required by

paragraph (a) of this AD.

(1) For airplanes having serial numbers up

to and including 3098, equipped with ground

spoiler actuator, part number 1059A0000–02:

Replace within 12 months after the effective

date of this AD.

(2) For airplanes having serial numbers up

to and including 3098, equipped with ground

spoiler actuator, part number 1059A0000–03:

Replace within 7 days after the effective date

of this AD.

(d) Replace the valve block of the ground

spoiler system with a new part, in

accordance with Dornier Service Bulletin

SB–328–27–228, Revision 1, dated December

18, 1997, at the applicable time specified in

either paragraph (d)(1) or (d)(2) of this AD.

(1) For airplanes having serial numbers up

to and including 3095, equipped with ground

spoiler actuator, part number 1059A0000–02:

Replace within 12 months after the effective

date of this AD.

(2) For airplanes having serial numbers up

to and including 3095, equipped with ground

spoiler actuator, part number 1059A0000–03:

Replace within 7 days after the effective date

of this AD.

(e) As of the effective date of this AD, no

person shall install on the ground spoiler

system of any airplane, a valve block, part

number 1060A0000–05, or a relief restrictor

valve, part number ZRV87–2.

(f) 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.

(g) Special flight permits may be issued in

accordance with §§ 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 97–189,

dated June 19, 1997; 1998–031, dated January

15, 1998; 1998–046, dated January 29, 1998;

and 1997–331/2, dated March 12, 1998.

Issued in Renton, Washington, on July 15,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–19458 Filed 7–21–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–20–AD]

RIN 2120–AA64

Airworthiness Directives; Mooney

Aircraft Corporation Models M20B,

M20C, M20D, M20E, M20F, M20G,

M20J, M20K, M20L, M20M, and M20R

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain

Mooney Aircraft Corporation (Mooney)

Models M20B, M20C, M20D, M20E,

M20F, M20G, M20J, M20K, M20L,

M20M, and M20R airplanes. The

proposed AD would require repetitively

inspecting the aileron control link

welded area, and if cracks are found,

replacing the control link with a part of

improved design. Service difficulty

reports (SDR’s) on the aileron control

link and reported failures of the aileron

control link prompted the proposed

action. The actions specified by the

proposed AD are intended to detect and

correct cracked aileron control links,

which could result in loss of aileron

control and loss of the airplane.

DATES: Comments must be received on

or before September 30, 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–20–

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

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Mooney Aircraft Corporation, Louis

Schreiner Field, Kerrville, Texas, 78028.

This information also may be examined

at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Bob

D. May, Aerospace Engineer, FAA,

Airplane Certification Office, 2601

Meacham Boulevard, Fort Worth, Texas

76193–0150; telephone: (817) 222–5156;

facsimile: (817) 222–5960.

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

should 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 that

summarizes 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 No. 98–CE–20–AD.’’ The
Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules 39255

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, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 98–CE–20–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

The FAA has received several SDR’s

from the field on the failure of the

aileron center control link during flight

and on the ground for the Mooney M20

series airplanes. These failures are

occurring in the heat-affected zones of

the weld joints at the 90-degree corners

of the assemblies. In 1994, the airplane

design was changed to incorporate a

reinforcing gusset in the corner joints.

This design change was accomplished

as field repair or rework and was found

not to be a practical alteration of the

part. Since then, the manufacturer has

designed an improved part.

Relevant Service Information

Mooney Aircraft Corporation has

issued Engineering Design Service

Bulletin No. M20–264, dated February

1, 1998, which specifies procedures for

inspecting for a reinforcing gusset or

cracks in the aileron control link at the

second 90-degree angled joint from the

Heim bearing. If the gusset is found,

then no further action is required. If no

gusset is found, the service information

specifies procedures for repetitively

inspecting (using a magnetic particle

method) for cracks at the second 90-

degree angled joint, and if cracks are

found, replacing the aileron control link

with one of improved design. The

installation of the improved part is

considered a terminating action to the

repetitive inspections. If no cracks are

found, the service information specifies

repetitively inspecting the area until

cracks are found, and then replacing the

aileron control link with a part of

improved design.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

the FAA has determined that AD action

should be taken to detect and correct

cracked aileron control links, which

could result in loss of aileron control

and loss of the airplane.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Mooney Model M20B,

M20C, M20D, M20E, M20F, M20G,

M20J, M20K, M20L, M20M, and M20R

airplanes of the same type design, the

proposed AD would require inspecting

the aileron control link for a reinforcing

gusset, and if there is no gusset,

repetitively inspecting the aileron

control links (left-hand and right-hand)

for cracks using a magnetic particle

method. If a crack is found, the

proposed AD would require replacing

the aileron control links with parts of

improved design. Replacing the aileron

control link would be considered a

terminating action for the repetitive

inspections. Accomplishment of the

proposed actions would be required in

accordance with the previously

referenced service information.

Cost Impact

The FAA estimates that 7,500

airplanes in the U.S. registry would be

affected by the proposed initial

inspections, that it would take

approximately 2 workhours per airplane

to accomplish the proposed initial

inspection, and that the average labor

rate is approximately $60 an hour.

Based on these figures, the total cost

impact of the proposed initial

inspection specified in the proposed AD

on U.S. operators is estimated to be

$900,000, or $120 per airplane.

The FAA has no way of determining

the number of repetitive inspections

that would be incurred over the life of

the airplane or whether a cracked part

would be found as the result of the

proposed initial inspection. Therefore,

these actions are not figured into the

initial total cost impact estimated for the

proposed AD.

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 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) 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 has been placed 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 a new airworthiness directive

(AD) to read as follows:

Mooney Aircraft Corporation: Docket No.

98–CE–20–AD.

Applicability: The following airplane

models and serial numbers, certificated

in any category.

Models Serial numbers

M20B ........... all serial numbers

M20C .......... all serial numbers

M20D .......... all serial numbers

M20E ........... all serial numbers

M20F ........... all serial numbers

M20G .......... all serial numbers

M20L ........... all serial numbers

Model M20J 24–0001 through 24–3359

Model M20K 25–0001 through 25–1999

Model 20M .. 27–0001 through 27–0197

Model M20R 29–0001 through 29–0042

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 (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 detect and correct cracked aileron

control links, which could result in loss of
39256 Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules

aileron control and loss of the airplane,

accomplish the following:

(a) Within the next 100 hours time-inservice (TIS) after the effective date of this

AD, visually inspect the aileron control links

(left-hand and right-hand) at the second 90-

degree angle joint from the second Heim

bearing for a reinforcement gusset in

accordance with the Instructions section of

Engineering Design Service Bulletin (SB) No.

M20–264, Issue Date:

February 1, 1998.

(1) If a reinforcement gusset is found, no

further action is required.

(2) If a reinforcement gusset is not found,

prior to further flight, inspect the aileron

control links, using a magnetic particle

method, for any cracks in accordance with

the Instructions section of Engineering

Design SB No. M20–264, Issue Date: February

1, 1998.

(i) If cracks are found, prior to further

flight, replace the aileron control link with a

part of improved design in accordance with

the Instructions section of Engineering

Design SB No. M20–264, Issue Date: February

1, 1998.

(ii) If no cracks are found, re-inspect for

cracks at intervals not to exceed 100 hours

TIS in accordance with the Instructions

section of Engineering Design SB No. M20–

264, Issue Date: February 1, 1998. If cracks

are found during any inspection required by

paragraphs (a)(2) and (a)(2)(ii) of this AD,

prior to further flight, replace the aileron

control link with a part of improved design

in accordance with the Instructions section of

Engineering Design SB No. M20–264, Issue

Date: February 1, 1998.

(b) Replacing the aileron control link in

accordance with Engineering Design SB No.

M20–264, Issue Date: February 1, 1998, is

considered a terminating action for the

repetitive inspections required in paragraph

(a)(2)(ii) of this AD and may be accomplished

at any time.

(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 initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Fort Worth Airplane Certification

Office (ACO), 2601 Meacham Boulevard, Fort

Worth, Texas 76193–0150. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Fort Worth ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Fort Worth Aircraft

Certification Office.

(e) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to Mooney Aircraft

Corporation, Louis Schreiner Field, Kerrville,

Texas, 78028; or may examine this document

at the FAA, Central Region, Office of the

Regional Counsel, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106.

Issued in Kansas City, Missouri, on July 16,

1998.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–19486 Filed 7–21–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 13–98–023]

RIN 2115–AE84

Regulated Navigation Area; Strait of

Juan de Fuca and Adjacent Coastal

Waters of Washington; Makah Whale

Hunting

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard, after

consultation with the Department of

Justice, Department of Interior and the

Department of Commerce, proposes to

establish a permanent regulated

navigation area along the northwest

Washington coast and in a portion of the

entrance of the Strait of Juan de Fuca.

The regulated navigation area would be

used to reduce the danger of life and

property in the vicinity of Makah whale

hunting activities. Within the regulated

navigation area a moving exclusionary

zone around the Makah hunting vessel

would be created for the duration of

each hunt.

DATES: Comments must reach the Coast

Guard on or before September 8, 1998.

ADDRESSES: You may mail comments to

the Commander(m), Thirteenth Coast

Guard District, 915 Second Avenue,

Seattle, WA 98174, or deliver them to

room 3506 at the same address between

8 a.m. and 4 p.m., Monday through

Friday, except Federal holidays. The

telephone number is 206–220–7210.

The Thirteenth Coast Guard District

Marine Safety Division maintains the

public docket for this rulemaking.

Comments, and documents as indicated

in this preamble, will become part of

this docket and will be available for

inspection or copying at room 3506,

Thirteenth Coast Guard District Offices,

between 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Chris Woodley (206) 220–

7210.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD98–023) and the specific section of

this document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and attachments in an unbound format,

no larger than 81⁄2 by 11 inches, suitable

for copying and electronic filing.

Persons wanting acknowledgment of

receipt of comments should enclose

stamped, self-addressed postcards or

envelopes.

The Coast Guard is establishing a

forty-five day comment period for this

proposed rule instead of the usual sixty

day comment period. The shortened

comment period should be sufficient to

allow the public to comment on the

proposed rule. The shortened comment

period is needed so that an effective rule

may be put into place by the beginning

of the first Makah whale hunt. The

Coast Guard will consider all comments

received during the comment period. It

may change this proposed rule in view

of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Thirteenth

Coast Guard District at the address

under ADDRESSES. The request should

include the reasons why a hearing

would be beneficial. If it determines that

the opportunity for oral presentations

will aid this rulemaking, the Coast

Guard will hold a public hearing at a

time and place announced by a later

notice in the Federal Register.

Background and Purpose

The United States Government, on

behalf of the Makah Tribe, obtained a

quota for the Makah Tribe from the

International Whaling Commission to

kill up to five gray whales annually in

the Makah’s usual and accustomed

fishing area off the northwest coast of

Washington and in the entrance of the

Strait of Juan de Fuca. The hunts will

be accomplished using harpoons and a

.50 caliber hunting rifle, fired from a

small boat. The Coast Guard proposes

this regulated navigation area and

moving exclusionary zone to reduce the

dangers to persons and vessels in the

vicinity of each hunt. The uncertain

reactions of a pursued or wounded

whale and the inherent dangers in firing

a hunting rifle from a pitching and

rolling small boat could potentially

endanger life and property if persons

and vessels are not excluded from the