This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

18726

Vol. 62, No. 74

Thursday, April 17, 1997

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 86–ANE–13]

RIN 2120–AA64

Airworthiness Directives; CFM

International CFM56–3 and –3B Series

Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws a

notice of proposed rulemaking that

would have added a new airworthiness

directive (AD), applicable to CFM

International (CFMI) CFM56–3 and –3B

series turbofan engines. That action

proposed to amend an existing AD and

would have required the installation of

a riveted oil distributor, Part Number (P/

N) 335–305–804–0. Since the issuance

of the NPRM, the manufacturer has

advised the Federal Aviation

Administration (FAA) that the entire

CFM56–3 and –3B fleet has been

retrofitted with the new riveted oil

distributor, P/N 335–305–804–0, and

that there are no oil distributors, P/N

335–305–800–0, presently in service.

The FAA has therefore reviewed its

position, and has concluded that the

proposed actions are unnecessary.

Accordingly, the proposed rule is

withdrawn.

FOR FURTHER INFORMATION CONTACT:

Glorianne Messemer, Aerospace

Engineer, Engine Certification Office,

FAA, Engine and Propeller Directorate,

12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(617) 238–7132, fax (617) 238–7199.

SUPPLEMENTARY INFORMATION:

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to supersede an airworthiness

directive (AD), applicable to CFM

International (CFMI) CFM56–3 and –3B

engines, was published in the Federal

Register on December 2, 1986 (51 FR

43383). The proposed rule would have

amended the existing AD that requires

initial and repetitive inspections of the

transfer gearbox for radial driveshaft oil

distributor looseness and condition of

the spirolock. The proposed rule would

have required a riveted oil distributor,

Part Number (P/N) 335–305–804–0, to

be installed in accordance with CFMI

CFM56–3/–3B Service Bulletin No. 72–

253, dated June 27, 1986, as a

terminating action to the repetitive

inspection program.

Since the issuance of the NPRM, the

manufacturer has advised the Federal

Aviation Administration (FAA) that the

entire CFM56–3 and –3B fleet has been

retrofitted with the new riveted oil

distributor, P/N 335–305–804–0, and

that there are no oil distributors, P/N

335–305–800–0, presently in service,

nor does the manufacturer plan to

introduce any into service in the future.

The installation of the riveted oil

distributor provides a permanent fix for

oil distributor looseness and eliminates

the need for repetitive inspections. The

FAA has therefore reviewed its position,

and has concluded that the proposed

actions are unnecessary.

Accordingly, the proposed rule is

hereby withdrawn.

Withdrawal of this final rule

constitutes only such action, and does

not preclude the agency from issuing

another notice in the future, nor does it

commit the agency to any course of

action in the future.

Since this action only withdraws a

notice of proposed rulemaking, it is

neither a proposed nor a final rule and

therefore, is not covered under

Executive Order 12866, the Regulatory

Flexibility Act, or DOT Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979).

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Withdrawal

Accordingly, the Notice of Proposed

Rulemaking, Docket 86–ANE–13,

published in the Federal Register on

December 2, 1986 (51 FR 43383), is

withdrawn.

Issued in Burlington, Massachusetts, on

April 8, 1997.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 97–9882 Filed 4–16–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–222–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 757 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 Boeing Model 757 series

airplanes. This proposal would require

one-time inspections to verify proper

installation and to detect chafing and/or

damage of certain rerouted wire

bundles; to verify if certain protective

grommets are installed properly and to

detect missing grommets; and various

follow-on actions. This proposal is

prompted by a report of smoke and fire

in the lower left-hand side of the E1–1

rack of the electrical equipment bay due

to chafing of wire bundles as a result of

missing protective grommets. The

actions specified by the proposed AD

are intended to prevent chafing of wire

bundles, which could result in smoke

and fire at the E1–1 rack of the electrical

equipment bay.

DATES: Comments must be received by

May 27, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

222–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
Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18727

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Forrest Keller, Senior Aerospace

Engineer, Systems and Equipment

Branch, ANM–130S, FAA, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington;

telephone (206) 227–2790; fax (206)

227–1181.

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 96–NM–222–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–103, Attention: Rules Docket No.

96–NM–222–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received a report

indicating that, during power-up of a

Boeing Model 757 series airplane,

smoke and fire were coming from the

lower left-hand side of the E1–1 rack of

the electrical equipment bay.

Investigation revealed the source of

ignition to be electrical arcing caused by

chafing of wire bundles, having part

numbers (P/N) W2608 and W4508, at

the upper lip of stringer R–23L at

approximately station 450. These wire

bundles had been improperly routed

during incorporation of Boeing Alert

Service Bulletin 757–24A0025, dated

May 10, 1985, and Boeing Service

Bulletin 757–24A0025, Revision 1,

dated December 17, 1987. Further

investigation revealed that the

protective grommets on the upper lip of

stringer R–23L were missing on several

other Model 757 series airplanes that

also had been modified in accordance

with those service bulletins. These

protective grommets are intended to

prevent chafing of the wire bundles.

These conditions, if not corrected, could

result in smoke and fire at the E1–1 rack

of the electrical equipment bay.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Alert Service Bulletin 757–

24A0025, dated May 10, 1985, and

Boeing Service Bulletin 757–24A0025,

Revision 1, dated December 17, 1987,

which describe, among other things,

procedures for replacement of certain

grommets with new grommets or

installation of a new grommet, if a

certain grommet is improperly installed

or missing.

The FAA has also reviewed and

approved Boeing Production Installation

Drawing 288N4329, Revision H, which

describes procedures for installation of

a protective grommet on the upper edge

of intercostal R–23L at approximately

station 450 between the intercostal and

wire bundles having P/N’s W2608 and

W4508.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

require the following:

1. Performing a one-time inspection to

verify proper installation and to detect

chafing and/or damage of the wire

bundles, having P/N’s W4508, W2608,

and W2604, paying particular attention

to the area where the wire bundles are

routed through the web supports and

the area over the upper edge of

intercostal R–23L;

2. Repairing of chafed or damaged

rerouted wire bundles;

3. Loosening wire bundle clamps,

adjusting wire bundles to achieve

proper clearances, and retightening the

wire bundle clamps, if the wire bundles

are installed improperly;

4. Performing a one-time inspection to

verify if certain protective grommets are

installed properly and to detect missing

grommets, and replacing improperly

installed grommets with new grommets

or installing new grommets, as

applicable;

5. Performing a one-time inspection to

determine if a protective grommet is

installed on the upper edge between the

intercostal and rerouted wire bundles

having P/N’s W2608 and W4508, at

intercostal R–23L at approximately

station 450; and

6. Installing a protective grommet

between the wire bundles and

intercostal, if no protective grommet is

installed.

Accomplishment of the inspections

and re-installation of affected wire

bundles and protective grommets will

prevent chafing of the wire bundles,

which could result in smoke and fire at

the E1–1 rack of the electrical

equipment bay.

The replacement and certain grommet

installations would be required to be

accomplished in accordance with the

service bulletins described previously.

Certain other installations would be

required to be accomplished in

accordance with Boeing Production

Installation Drawing 288N4329. The

repair would be required to be

accomplished in accordance with

Boeing Standard Wiring Practices

Manual 20–10–13.

Cost Impact

There are approximately 62 Boeing

Model 757 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 28 airplanes of

U.S. registry would be affected by this

proposed AD, that it would take

approximately 2 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. The cost of

required parts would be nominal. Based

on these figures, the cost impact of the

proposed AD on U.S. operators is

estimated to be $3,360, or $120 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
18728 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

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:

Boeing: Docket 96–NM–222–AD.

Applicability: Model 757 series airplanes,

on which Boeing Alert Service Bulletin 757–

24A0025, dated May 10, 1985, and/or Boeing

Service Bulletin 757–24A0025, Revision 1,

dated December 17, 1987, has been

accomplished; excluding variable numbers

NA003, NA004, NA007, NA009, NA010,

NA012 through NA016 inclusive, and

NA021; 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 (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 chafing of wire bundles, which

could result in smoke and fire at the E1–1

rack of the electrical equipment bay,

accomplish the following:

(a) Within 6 months after the effective date

of this AD, accomplish paragraphs (a)(1),

(a)(2), and (a)(3) of this AD.

(1) Perform a one-time inspection to verify

proper installation and to detect chafing and/

or damage of the wire bundles, having part

numbers (P/N) W4508, W2608, and W2604.

Pay particular attention to the area where the

wire bundles are routed through the web

supports and the area over the edge of

intercostal R–23L.

(i) If the wire bundles are installed

properly and no chafing or damage is

detected, no further action is required by this

paragraph.

(ii) If any chafing or damage is detected,

prior to further flight, repair it in accordance

with Boeing Standard Wiring Practices

Manual 20–10–13.

(iii) If any wire bundle is installed

improperly, prior to further flight, loosen the

wire bundle clamps, adjust the wire bundles

to achieve proper clearances, and retighten

the wire bundle clamps.

(2) Perform a one-time inspection to verify

if all protective grommets identified in

Boeing Alert Service Bulletin 757–24A0025,

dated May 10, 1985, are installed properly

and to detect missing grommets. If any

grommet is improperly installed or missing,

prior to further flight, replace the grommet

with a new grommet or install a new

grommet, as applicable, in accordance with

the alert service bulletin.

(3) Perform a one-time inspection to

determine if a protective grommet is installed

on the upper edge of intercostal R–23L at

approximately station 450 between the

intercostal and wire bundles having P/N’s

W2608 and W4508. If no protective grommet

is installed, prior to further flight, install one

between the wire bundles and intercostal, in

accordance with Boeing Production

Installation Drawing 288N4329, Revision H.

(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, Seattle

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, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle 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.

Issued in Renton, Washington, on April 10,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–9880 Filed 4–16–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 589

[Docket No. 96N–0135]

RIN 0910–AA91

Substances Prohibited From Use in

Animal Food or Feed; Animal Proteins

Prohibited in Ruminant Feed; Draft

Rule; Availability

AGENCY: Food and Drug Administration,

HHS.

ACTION: Availability of draft rule.

SUMMARY: The Food and Drug

Administration (FDA) is announcing the

availability of a draft rule that would

provide that animal protein derived

from mammalian tissues is a food

additive subject to certain provisions in

the Federal Food, Drug, and Cosmetic

Act. The agency is making this draft

available because of the complex

scientific and regulatory issues involved

regarding transmissible spongiform

encephalopathies and ruminant feeds.

The agency invites the public to submit

comments with questions and concerns

about the draft.

DATES: Written comments must be

received in the Dockets Management

Branch by 4:30 p.m. d.s.t. April 28,

1997.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857, or you

may fax the comments to 301–594–

3215.

FOR FURTHER INFORMATION CONTACT:

George A. (Bert) Mitchell, Center for

Veterinary Medicine, Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–827–5587.

SUPPLEMENTARY INFORMATION: In the

Federal Register of January 3, 1997 (62

FR 552), FDA published a proposed rule

that would prohibit the use of protein

derived from ruminant and mink tissues

in ruminant feeds. The agency took this

action due to concerns about the