Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40817

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

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:

98–16–11 Airbus Industrie: Amendment

39–10687. Docket 98–NM–116–AD.

Applicability: Model A300 series airplanes,

as listed in Airbus Service Bulletin A300–57–

0232, Revision 01, dated January 12, 1998;

Model A310 series airplanes, as listed in

Airbus Service Bulletin A310–57–2075,

Revision 01, dated January 12, 1998; and

Model A300–600 series airplanes, as listed in

Airbus Service Bulletin A300–57–6079,

Revision 02, dated January 12, 1998;

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 detect and correct cracks in the pylon

thrust and sideload fitting of the wing, which

could result in reduced structural integrity of

the airplane, accomplish the following:

(a) Prior to the accumulation of 2,800 total

flight cycles, or within 18 months after the

effective date of this AD, whichever occurs

later, perform a detailed visual inspection to

detect cracks in the pylon thrust and sideload

fitting of the wing, in accordance with Airbus

Service Bulletin A300–57–0232, Revision 01

(for Model A300 series airplanes); A310–57–

2075, Revision 01 (for Model A310 series

airplanes); or A300–57–6079, Revision 02

(for Model A300–600 series airplanes); all

dated January 12, 1998; as applicable. Repeat

the detailed visual inspection thereafter at

intervals not to exceed 2,800 flight cycles.

(b) If any crack is detected during any

inspection required by paragraph (a), prior to

further flight, replace the pylon thrust and

sideload fitting with a new fitting in

accordance with Airbus Service Bulletin

A300–57–0232, Revision 01 (for Model A300

series airplanes); A310–57–2075, Revision 01

(for Model A310 series airplanes); or A300–

57–6079, Revision 02 (for Model A300–600

series airplanes); all dated January 12, 1998;

as applicable. Thereafter, continue the

inspections in accordance with the

requirements of paragraph (a) 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.

(e) The inspections and replacement shall

be done in accordance with Airbus Service

Bulletin A300–57–0232, Revision 01, dated

January 12, 1998; Airbus Service Bulletin

A310–57–2075, Revision 01, dated January

12, 1998; or Airbus Service Bulletin A300–

57–6079, Revision 02, dated January 12,

1998; as applicable. 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 97–358–

232(B), dated November 19, 1997.

(f) This amendment becomes effective on

September 4, 1998.

Issued in Renton, Washington, on July 24,

1998.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–20434 Filed 7–30–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–90–AD; Amendment

39–10686; AD 98–16–10]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Dornier Model

328–100 series airplanes, that requires

revising the Airplane Flight Manual

(AFM) to require use of the electrical

fuel pump for take-off and landing and

performance of an operational check of

the electrical fuel pump following

landing. This amendment also requires

replacement of the jet booster pumps

with new or modified jet booster

pumps, which terminates the

requirement for the AFM revision. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by this AD are intended to

prevent failure of the jet booster pumps,

which could result in reduced engine

thrust during take-off or landing, and

consequent increased risk of impact

with terrain.

DATES: Effective September 4, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

4, 1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from FAIRCHILD DORNIER, DORNIER
40818 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations

Luftfahrt GmbH, P.O. Box 1103, D–

82230 Wessling, Germany. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 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

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Dornier

Model 328–100 series airplanes was

published in the Federal Register on

May 28, 1998 (63 FR 29144). That action

proposed to require revising the

Airplane Flight Manual (AFM) to

require use of the electrical fuel pump

for take-off and landing and

performance of an operational check of

the electrical fuel pump following

landing. That action also proposed to

require replacement of the jet booster

pumps with new or modified jet booster

pumps, which would terminate the

requirement for the AFM revision.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 50 airplanes

of U.S. registry will be affected by this

AD.

It will take approximately 1 work

hour per airplane to accomplish the

required AFM revision, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

AFM revision required by this AD on

U.S. operators is estimated to be $3,000,

or $60 per airplane.

It will take approximately 6 work

hours per airplane to accomplish the

required replacement, at an average

labor rate of $60 per work hour.

Required parts will be provided by the

manufacturer at no cost to the operators.

Based on these figures, the cost impact

of the replacement required by this AD

on U.S. operators is estimated to be

$18,000, or $360 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the 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 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

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:

98–16–10 Dornier Luftfahrt GMBH:

Amendment 39–10686. Docket 98–NM–

90–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3093

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 (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, unless

accomplished previously.

To prevent failure of the jet booster pumps,

which could result in reduced engine thrust

during take-off or landing, and consequent

increased risk of impact with terrain,

accomplish the following:

(a) Within 5 days after the effective date of

this AD, revise the Limitations Section of the

FAA-approved Airplane Flight Manual

(AFM) by inserting a copy of Dornier All

Operators Telefax AOT–328–28–014,

Revision 1, dated October 16, 1996, into the

AFM to require use of the electrical fuel

pump for take-off and landing and

performance of an operational check of the

electrical fuel pump following landing.

(b) Within 180 days after the effective date

of this AD, replace the jet booster pumps

having part number (P/N) 219335–2 with

new or modified jet booster pumps, having

P/N 219335–3, in accordance with Dornier

Service Bulletin SB–328–28–211, dated

March 26, 1997. Accomplishment of this

replacement constitutes terminating action

for the requirements of paragraph (a) of this

AD; after the replacement has been

accomplished, the previously required

limitation may be removed from the AFM.

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

person shall install a jet booster pump, part

number 219335–2, on any airplane.

(d) 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.
Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40819

(e) 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.

(f) The actions shall be done in accordance

with Dornier All Operators Telefax (AOT)

AOT–328–28–014, Revision 1, dated October

16, 1996; and Dornier Service Bulletin SB–

328–28–211, dated March 26, 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

FAIRCHILD DORNIER, DORNIER Luftfahrt

GmbH, P.O. Box 1103, D–82230 Wessling,

Germany. 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 German airworthiness directives 97–004,

dated January 30, 1997; and 97–149, dated

May 22, 1997.

(g) This amendment becomes effective on

September 4, 1998.

Issued in Renton, Washington, on July 24,

1998.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–20433 Filed 7–30–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–44–AD; Amendment

39–10682; AD 98–16–06]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A310 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Airbus Model A310

series airplanes, that requires

inspections of the lower door

surrounding structure to detect cracks

and corrosion, and repair, if necessary.

This amendment also requires

inspections to detect cracking of the

holes of the corner doublers, the failsafe ring, and the door frames of the

door structures; and repair, if necessary.

In addition, this amendment provides

for optional terminating action for

certain inspections. This amendment is

prompted by reports indicating that

corrosion was found between the scuff

plates at exit and cargo doors, and

fatigue cracks originated from certain

fastener holes located in adjacent

structure. The actions specified by this

AD are intended to detect and correct

such corrosion and fatigue cracking,

which could result in reduced structural

integrity of the door surroundings.

DATES: Effective September 4, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

4, 1998.

ADDRESSES: 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 Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

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

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Airbus Model

A310 series airplanes was published in

the Federal Register on January 29,

1997 (62 FR 4208). That action proposed

to require inspections of the lower door

surrounding structure to detect cracks

and corrosion, and repair, if necessary.

That action also proposed to require

inspections to detect cracking of the

holes of the corner doublers, the failsafe ring, and the door frames of the

door structures; and repair, if necessary.

In addition, that action also provides for

optional terminating action for certain

inspections.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

Request to Mandate Optional

Terminating Action

One commenter supports the

proposed AD, but states that the FAA

should not allow operators to forego

accomplishment of the terminating

action in lieu of repetitive inspections.

The commenter states that allowing the

terminating action to be optional will

‘‘allow airplanes to operate that have

cracks in the door frames that will be

more subject to failure in the event of

an accident.’’ Additionally, the

commenter notes that accident history

has shown that there is already a

significant problem with the emergency

operation of doors following minor

fuselage deformation, even though this

is a requirement under section 25.783(c)

of the Federal Aviation Regulations [14

CFR 25.783(c)].

The FAA does not concur with the

request to mandate the terminating

action. As stated in the preamble to the

NPRM, the FAA considers certain

criteria in allowing repetitive

inspections of the affected area to be

permitted to continue, and has

determined that, in this case, mandating

the terminating action is not necessary

in order to adequately address the

identified unsafe condition. The FAA

has determined that the inspection

intervals required by the AD were

established to detect any cracking before

it becomes critical to the airplane

structure. Additionally, even if small

cracks exist that are not detected by the

inspections at the intervals required by

this AD, the cracks will not adversely

affect the structure of the door under

ultimate loads, and such cracking is

unlikely to result in interference with

the operation of emergency exits.

Therefore, no change to the final rule is

necessary.

Explanation of Change Made to This

Final Rule

Paragraphs (b), (c), and (d) of the final

rule have been revised to cite Revision

02 of Airbus Service Bulletin A310–53–

2041, dated July 2, 1996, for

accomplishment of certain actions.

Revision 02 contains no substantive

differences from Revision 1 of the

service bulletin (Revision 1 was cited as

the appropriate source of service

information in the proposed AD).

However, Revision 02 contains an

additional description of the inspections

required by paragraph (b) of the AD. A

‘‘NOTE’’ has been added to the final

rule to give credit to operators that may

have previously accomplished the

required actions in accordance with

Revision 1 of the service bulletin.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any