Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations 5753

that the average labor rate is $60 per

work hour. Required parts will cost

approximately $75 per forward slide

and $100 per aft slide. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be $195

per forward slide and $220 per aft slide.

The cost impact figure discussed

above is 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:

97–03–15 McDonnell Douglas: Amendment

39–9920. Docket 96–NM–124–AD.

Applicability: Model DC–9–10, –20, –30,

–40, and –50 series airplanes; Model DC–9–

81 (MD–81), DC–9–82 (MD–82), DC–9–83

(MD–83), DC–9–87 (MD–87) series airplanes,

Model MD–88 airplanes; and C–9 (military)

series airplanes; equipped with BFGoodrich

Evacuation Slides, as listed in BFGoodrich

Service Bulletin 25–280, Revision 2, dated

August 15, 1996; 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 in-cabin inflation of the

evacuation slides, which could contribute to

injury of passengers and/or flightcrew in the

passenger cabin, accomplish the following:

(a) Within 36 months after the effective

date of this AD, modify the girt and firing

lanyard stowage in accordance with

BFGoodrich Service Bulletin 25–280,

Revision 2, dated August 15, 1996.

(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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(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) The modification shall be done in

accordance with BFGoodrich Service

Bulletin 25–280, Revision 2, dated August

15, 1996. 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 BFGoodrich Company, Aircraft

Evacuation Systems, Department 7916,

Phoenix, Arizona 85040. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Transport

Airplane Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(e) This amendment becomes effective on

March 14, 1997.

Issued in Renton, Washington, on January

30, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2853 Filed 2–6–97; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 96–NM–218–AD; Amendment

39–9921; AD 96–03–16]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–11 and MD–11F

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model MD–11 and MD–11F

series airplanes, that currently requires,

among other things, repetitive visual

inspections to detect discrepancies of

the fuel pipe of the fuel transfer system

of the tail tank and associated mounting

bracket located in the aft fuselage

compartment. That AD was prompted

by reports of cracking or bending of the

fuel pipe mounting support and/or

attaching bracket in the aft fuselage

compartment due to a fuel pressure

surge that caused repetitive loading of

this area. This amendment adds a

requirement to install a restraint on the

tail tank fuel pipe, which would

terminate the repetitive visual

inspections. The actions specified by

this AD are intended to prevent such

cracking/bending, which could expose

the fuel pipe coupling O-ring. An

exposed O-ring could lose its sealing

effect and could allow a fuel leak in the

aft fuselage compartment, which would

present a fire hazard.

DATES: Effective March 14, 1997.

The incorporation by reference of

McDonnell Douglas Alert Service

Bulletin MD11–28A082, dated May 14,

1996, as listed in the regulations, was

approved previously by the Director of

the Federal Register as of July 24, 1996

(61 FR 35946, July 9, 1996).
5754 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations

The incorporation by reference of

McDonnell Douglas Service Bulletin

MD11–28–082, dated July 29, 1996, as

listed in the regulations, is approved by

the Director of the Federal Register as of

March 14, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from McDonnell Douglas Corporation,

3855 Lakewood Boulevard, Long Beach,

California 90846, Attention: Technical

Publications Business Administration,

Department C1–L51 (2–60). 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 FAA,

Transport Airplane Directorate, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ray

Vakili, Aerospace Engineer, Propulsion

Branch, ANM–140L, FAA, Los Angeles

Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood,

California 90712; telephone (310) 627–

5262; fax (310) 627–5210.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 96–14–07,

amendment 39–9691 (61 FR 35946, July

9, 1996), which is applicable to certain

McDonnell Douglas Model MD–11 and

MD–11F series airplanes, was published

in the Federal Register on November 20,

1996 (61 FR 59036). The action

proposed to supersede AD 96–14–07 to

continue to require repetitive visual

inspections to detect discrepancies (i.e.,

cracks or deformation) of the fuel pipe

of the fuel transfer system of the tail

tank and associated mounting bracket

located in the aft fuselage compartment

and to verify the correct position of the

fuel pipe flange, and various follow-on

actions. The action also proposed to

require installation of a restraint on the

tail tank fuel pipe, which would

constitute terminating action for the

repetitive visual inspection

requirements.

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.

The commenter supports the

proposed rule.

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 as proposed.

Cost Impact

There are approximately 152

McDonnell Douglas Model MD–11 and

MD–11F series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 42 airplanes of U.S.

registry will be affected by this AD.

The actions that are currently

required by AD 96–14–07, and retained

in this AD, take approximately 6 work

hours per airplane to accomplish, at an

average labor rate of $60 per work hour.

Based on these figures, the cost impact

of the currently required actions on U.S.

operators is estimated to be $15,120, or

$360 per airplane, per inspection cycle.

The new actions that are required by

this new AD will take approximately 3

work hours per airplane to accomplish,

at an average labor rate of $60 per work

hour. Required parts will be supplied by

the manufacturer at no cost to the

operators. Based on these figures, the

cost impact of the new requirements of

this AD on U.S. operators is estimated

to be $7,560, or $180 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

removing amendment 39–9691 (61 FR

35946, July 9, 1996), and by adding a

new airworthiness directive (AD),

amendment 39–9921, to read as follows:

97–03–16 McDonnell Douglas: Amendment

39–9921. Docket 96-NM–218-AD.

Supersedes AD 96–14–07, Amendment

39–9691.

Applicability: Model MD–11 and MD–11F

series airplanes, manufacturer’s fuselage

numbers 0447 through 0599 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

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 (f) 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 the possibility of an in-flight or

ground fire due to fuel leaking from the fuel

pipe coupling, accomplish the following:

Restatement of Requirements of AD 96–14–

07, Amendment 39–9691

(a) Perform a visual inspection to detect

discrepancies (i.e., cracks or deformation) of

the fuel pipe of the fuel transfer system of the

tail tank and associated mounting bracket

located in the aft fuselage compartment; and

to verify the correct position of the fuel pipe

flange, in accordance with McDonnell

Douglas Alert Service Bulletin MD11–

28A082, dated May 14, 1996; at the time

specified in paragraph (a)(1) or (a)(2) of this

AD, as applicable.

(1) For airplanes on which the

modification specified in McDonnell Douglas

Service Bulletin 28–22, dated September 24,
Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations 5755

1991, has been accomplished; or that have

been repaired in accordance with an FAAapproved repair procedure, as specified in

paragraph (a)(3) of AD 91–24–09, amendment

39–8095; or on which the shroud assembly

has been replaced with a serviceable part:

Prior to the accumulation of 600 flight hours,

or within 60 days after July 24, 1996 (the

effective date AD 96–14–07, amendment 39–

9691), whichever occurs later.

(2) For airplanes on which the

modification specified in McDonnell Douglas

Service Bulletin 28–22, dated September 24,

1991, has not been accomplished: Prior to the

accumulation of 600 flight hours, or within

60 days since accomplishment of the last

visual inspection in accordance with AD 91–

24–09, amendment 39–8095; whichever

occurs first.

(b) Condition 1. No Discrepancy Found. If

no discrepancy is detected during any visual

inspection required by paragraph (a) of this

AD, accomplish either paragraph (b)(1) or

(b)(2) of this AD.

(1) Condition 1. Option 1. Repeat the visual

inspection required by paragraph (a) of this

AD thereafter at intervals not to exceed 600

flight hours or 60 days, whichever occurs

later. Or

(2) Condition 1. Option 2. Prior to further

flight, install a temporary phenolic support

block assembly, shim, clamp, and bracket

between the tail tank fuel pipe and station

Y=2033.750 bulkhead, in accordance with

Condition 1, Option 2, of McDonnell Douglas

Alert Service Bulletin MD11–28A082, dated

May 14, 1996. Within 6 months after

accomplishment of this installation, perform

a one-time inspection to verify the correct

position of the temporary support block

assembly installation in accordance with

Figure 2 (Sheet 2 of 3) of the alert service

bulletin.

(i) If the assembly is found to be positioned

properly, repeat the verification of the correct

position of the fuel pipe flange, as specified

in paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

(ii) If the assembly is found be improperly

positioned, prior to further flight, reposition

the fuel pipe in accordance with Figure 2

(Sheet 2 of 3) of the alert service bulletin.

Repeat the verification of the correct position

of the fuel pipe flange, as specified in

paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

(c) Condition 2. Discrepancy Found; ORing Not Exposed. If any discrepancy is

detected, and the fuel pipe is found to be

improperly positioned, but the O-ring is not

exposed, during any visual inspection

required by paragraph (a) of this AD, prior to

further flight, accomplish either paragraph

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

(1) Condition 2. Option 1. Repeat the visual

inspection in paragraph (a) of this AD

thereafter at intervals not to exceed 600 flight

hours or 60 days, whichever occurs later. Or

(2) Condition 2. Option 2. Prior to further

flight, install a temporary phenolic support

block assembly, shim, clamp, and bracket

between the tail tank fuel pipe and station

Y=2033.750 bulkhead; and reposition the

fuel pipe assembly, as applicable; in

accordance with Condition 2, Option 2, of

McDonnell Douglas Alert Service Bulletin

MD11–28A082, dated May 14, 1996. Within

6 months after accomplishment of this

installation, perform a one-time inspection to

verify the correct position of the temporary

support block assembly installation in

accordance with Figure 2 (Sheet 2 of 3) of the

alert service bulletin.

(i) If the assembly is found to be positioned

properly, repeat the verification of the correct

position of the fuel pipe flange, as specified

in paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

(ii) If the assembly is found to be

improperly positioned, prior to further flight,

reposition the fuel pipe in accordance with

Figure 2 (Sheet 2 of 3) of the alert service

bulletin. Repeat the verification of the correct

position of the fuel pipe flange, as specified

in paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

(d) Condition 3. Discrepancy Found; ORing Exposed. If any discrepancy is detected,

and the fuel pipe is found to be improperly

positioned, and the O-ring is exposed, during

any visual inspection required by paragraph

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

the O-ring with a new O-ring, and install a

temporary phenolic support block assembly,

shim, clamp, and bracket between the tail

tank fuel pipe and station Y=2033.750

bulkhead, in accordance with McDonnell

Douglas Alert Service Bulletin MD11–

28A082, dated May 14, 1996. Within 6

months after accomplishment of the

replacement and installation, perform a onetime inspection to verify the correct position

of the temporary support block assembly

installation in accordance with Figure 2

(Sheet 2 of 3) of the alert service bulletin.

(1) If the assembly is found to be

positioned properly, repeat the verification of

the correct position of the fuel pipe flange,

as specified in paragraph (a) of this AD,

thereafter at intervals not to exceed 15

months.

(2) If the assembly is found to be

improperly positioned, prior to further flight,

reposition the fuel pipe in accordance with

Figure 2 (Sheet 2 of 3) of the alert service

bulletin. Repeat the verification of the correct

position of the fuel pipe flange, as specified

in paragraph (a) of this AD, thereafter at

intervals not to exceed 15 months.

New Requirements of this AD

(e) Within 24 months after the effective

date of this AD, install a restraint on the tail

tank fuel pipe in accordance with McDonnell

Douglas Service Bulletin MD11–28–082,

dated July 29, 1996. Accomplishment of the

installation constitutes terminating action for

the repetitive inspection requirements of this

AD.

(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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(g) 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.

(h) The actions shall be done in accordance

with McDonnell Douglas Alert Service

Bulletin MD11–28A082, dated May 14, 1996;

and McDonnell Douglas Service Bulletin

MD11–28–082, dated July 29, 1996. The

incorporation by reference of McDonnell

Douglas Alert Service Bulletin MD11–

28A082, dated May 14, 1996, was approved

previously by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51 as of July 24, 1996 (61 FR

35946, July 9, 1996). The incorporation by

reference of McDonnell Douglas Service

Bulletin MD11–28–082, dated July 29, 1996,

is 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 McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1-L51

(2–60). Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(i) This amendment becomes effective on

March 14, 1997.

Issued in Renton, Washington, on January

30, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–2852 Filed 2–6–97; 8:45 am]

BILLING CODE 4910–13–p

14 CFR Part 71

[Airspace Docket No. 97–ANE–02]

Amendment to Class E Airspace; New

Haven, CT

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action modifies the Class

E airspace at New Haven, CT (KHVN) by

removing the Class E airspace extending

upward from the surface, effective

during the times when the Airport

Traffic Control Tower (ATCT) is not

operating. This action results from the

lack of continuous weather reporting at

Tweed-New Haven Municipal Airport.

DATES: Effective 0901 UTC, March 27,

1997.

Comments for inclusion in the Rules

Docket must be received on or before

March 10, 1997.