39538 Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Proposed Rules

§ 72.242 Recordkeeping and reports.

(a) Each certificate holder or applicant

shall maintain any records and produce

any reports that may be required by the

conditions of the CoC or by the rules,

regulations, and orders of the

Commission in effectuating the

purposes of the Act.

(b) Records that are required by the

regulations in this part or by conditions

of the CoC shall be maintained for the

period specified by the appropriate

regulation or the CoC conditions. If a

retention period is not specified, the

records shall be maintained until the

Commission terminates the CoC.

(c) Any record that shall be

maintained under this part may be

either the original or a reproduced copy

by any state of the art method provided

that any reproduced copy is duly

authenticated by authorized personnel

and is capable of producing a clear and

legible copy after storage for the period

specified by Commission regulations.

(d) Each certificate holder shall

submit a written report to the NRC

within 30 days of discovery of a design

or fabrication deficiency, for any spent

fuel storage cask which has been

delivered to a licensee, when the design

or fabrication deficiency affects the

ability of structures, systems, and

components important to safety to

perform their function. The written

report shall be sent to the NRC in

accordance with the requirements of

§ 72.4. The report shall include the

following:

(1) A brief abstract describing the

deficiency, including all component or

system failures that contributed to the

deficiency and corrective action taken

or planned to prevent recurrence;

(2) A clear, specific, narrative

description of what occurred so that

knowledgeable readers familiar with the

design of the spent fuel storage cask, but

not familiar with the details of a

particular cask, can understand the

deficiency. The narrative description

shall include the following specific

information as appropriate for the

particular event:

(i) Dates and approximate times of

discovery;

(ii) The cause of each component or

system failure, if known;

(iii) The failure mode, mechanism,

and effect of each failed component, if

known;

(iv) A list of systems or secondary

functions that were also affected for

failures of components with multiple

functions;

(v) The method of discovery of each

component or system failure;

(vi) The manufacturer and model

number (or other identification) of each

component that failed during the event;

(vii) The model and serial numbers of

the affected casks;

(viii) The licensees that have affected

casks;

(3) An assessment of the safety

consequences and implications of the

deficiency. This assessment shall

include the availability of other systems

or components that could have

performed the same function as the

components and systems that were

affected;

(4) A description of any corrective

actions planned as a result of the

deficiency, including those to reduce

the probability of similar occurrences in

the future;

(5) Reference to any previous similar

deficiencies at the same facility that are

known to the certificate holder; and

(6) The name and telephone number

of a person within the certificate

holder’s organization who is

knowledgeable about the deficiency and

can provide additional information.

Dated at Rockville, Maryland, this 16th day

of July, 1998.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 98–19556 Filed 7–22–98; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–159–AD]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR72–212A Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Aerospatiale Model ATR72–

212A series airplanes. This proposal

would require installation of bushings

on the lower attachment fittings of the

flap support beam. This proposal is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by the proposed

AD are intended to prevent rupture of

the lower attachment fittings of the flap

support beam due to fatigue, and

consequent damage to the flaps; these

conditions could result in reduced

controllability of the airplane.

DATES: Comments must be received by

August 24, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

159–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

Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. 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 98–NM–159–AD.’’ The
Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Proposed Rules 39539

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.

98–NM–159–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direction Generale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that an unsafe

condition may exist on certain

Aerospatiale Model ATR72–212A series

airplanes. The DGAC advises that

fatigue and damage-tolerance analysis

has shown that the lower attachment

fittings of the flap support beam can

rupture due to fatigue. Such rupture of

the fittings could result in damage to the

flaps. This condition, if not corrected,

could result in reduced controllability

of the airplane.

Explanation of Relevant Service

Information

The manufacturer has issued Avions

de Transport Regional Service Bulletin

ATR72–57–1020, dated March 9, 1998,

which describes procedures for

installation of bushings on the lower

attachment fittings of the flap support

beam. Accomplishment of the action

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 98–072–036(B),

dated February 11, 1998, and Erratum,

dated February 25, 1998, 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

21.29) 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

Proposed 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, the proposed AD would require

accomplishment of the actions specified

in the service bulletin described

previously.

Cost Impact

The FAA estimates that 4 airplanes of

U.S. registry would be affected by this

proposed AD, that it would take

approximately 25 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would be provided by the manufacturer

at no cost to the operator. Based on

these figures, the cost impact of the

proposed AD on U.S. operators is

estimated to be $6,000, or $1,500 per

airplane.

The cost impact figure discussed

above is 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.

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:

Aerospatiale: Docket 98–NM–159–AD.

Applicability: Model ATR72–212A series

airplanes, on which Aerospatiale

Modification 4831 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 rupture of the lower attachment

fittings of the flap support beam due to

fatigue, and consequent damage to the flaps,

accomplish the following:

(a) Prior to the accumulation of 24,000 total

flight cycles, or within 500 flight cycles after

the effective date of this AD, whichever

occurs later, install bushings on the lower

attachment fittings of the flap support beam

in accordance with Avions de Transport

Regional Service Bulletin ATR72–57–1020,

dated March 9, 1998.

(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, 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.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199
39540 Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Proposed Rules

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 French airworthiness directive 98–072–

036(B), dated February 11, 1998, and

Erratum, dated February 25, 1998.

Issued in Renton, Washington, on July 17,

1998.

D. L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–19623 Filed 7–22–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–42–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus

Industrie Model A320 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to all Airbus

Industrie Model A320 series airplanes,

that currently requires a revision to the

Airplane Flight Manual (AFM) to

prohibit automatic landings in

configuration 3 (CONF 3). This action

would limit the applicability of the

existing AD, and add a new revision to

the AFM to indicate that automatic

landings in CONF 3 are prohibited and

to specify an increased minimum

runway visual range for airplanes on

which certain modifications have not

been accomplished. This action also

would require eventual replacement of

the existing spoiler elevator computers

with improved parts, and insertion of

new pages into the AFM that correct

landing distances required for automatic

landings in CONF 3. This proposal is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by the proposed

AD are intended to prevent pitch-up of

the airplane due to activation of the

spoilers during an automatic landing,

which, if not corrected, could result in

tail strikes and structural damage to the

airplane.

DATES: Comments must be received by

August 24, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

42–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

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.

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 97–NM–42–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.

97–NM–42–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

On August 26, 1992, the FAA issued

AD 92–19–13, amendment 39–8371 (57

FR 40601, September 4, 1992),

applicable to all Airbus Industrie Model

A320 series airplanes. That AD requires

a revision to the FAA-approved Airbus

A320 Airplane Flight Manual (AFM) to

prohibit automatic landings in

configuration 3 (CONF 3). That action

was prompted by a report that, during

an automatic landing in CONF 3, a

pitch-up due to activation of the

spoilers could result in an excessive

attitude, if not immediately

counteracted by the flightcrew. The

requirements of that AD are intended to

prevent pitch-up of the airplane due to

activation of the spoilers during an

automatic landing, which, if not

corrected, could result in tail strikes and

structural damage to the airplane.

Actions Since Issuance of Previous Rule

Since the issuance of AD 92–19–13,

the manufacturer has developed a

modification that replaces the existing

spoiler elevator computers (SEC’s) with

new improved parts. Installation of the

new improved SEC’s on Airbus

Industrie Model A320 series airplanes

will reduce the deflection rate of the

ground spoilers during an automatic

landing, which will reduce the tendency

of the airplane to pitch up during

landing. Once accomplished, the

modification eliminates the need to

prohibit automatic landings in CONF 3.

Since the issuance of AD 92–19–13,

the manufacturer also has developed

another revision to the AFM that

corrects landing distances required for

automatic landings in CONF 3.

Explanation of Relevant Service

Information

The manufacturer has issued Airbus

A319/320/321 AFM Temporary

Revision (TR) 9.99.99/02, Issue 02,

dated April 8, 1997, which indicates

that automatic landings in CONF 3 are

prohibited, and which specifies an

increased minimum runway visual

range for all airplanes on which Airbus

Industrie Modification 20126

(installation of a head up display) or

Modification 21055 (installation of a

paravisual indicator) has not been

accomplished. The TR also advises the

flightcrew that, during an automatic

landing in a configuration other than

CONF 3, the flightcrew should monitor

the pitch attitude and be prepared to

counteract any pitch-up that occurs

immediately after touchdown.