20062 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

members, of which 7 are handlers, 14

are producers, and 1 is a public

member. The majority of the producer

and handler members are small entities.

Moreover, the Committee and its Supply

Management Subcommittee have been

reviewing this supply management

problem for almost a year, and this rule

reflects their deliberations completely.

Finally, interested persons were invited

to submit information on the regulatory

and informational impacts of this action

on small businesses.

A proposed rule concerning this

action was published in the Federal

Register on February 24, 1998 (63 FR

9160). Copies of this rule were mailed

or sent via facsimile to all Committee

members and dried prune handlers.

Finally, the rule was made available

through the Internet by the U.S.

Government Printing Office. That rule

provided for a 30-day comment period

which ended March 26, 1998. No

comments were received. Accordingly,

no changes are made to the proposed

rule.

After consideration of all relevant

material presented, including the

Committee’s recommendation, and

other information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

List of Subjects in 7 CFR Part 993

Marketing agreements, Plums, Prunes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 993 is amended as

follows:

PART 993—DRIED PRUNES

PRODUCED IN CALIFORNIA

1. The authority citation for 7 CFR

part 993 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 993.405 is added to read

as follows:

Note: This section will not appear in the

Code of Federal Regulations.

§ 993.405 Undersized prune regulation for

the 1998–99 crop year.

Pursuant to §§ 993.49(c) and 993.52,

an undersized prune regulation for the

1998–99 crop year is hereby established.

Undersized prunes are prunes which

pass through openings as follows: for

French prunes, 24/32 of an inch in

diameter; for non-French prunes, 30/32

of an inch in diameter.

Dated: April 9, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–10771 Filed 4–22–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–125–AD; Amendment

39–10492; AD 98–08–09]

RIN 2120–AA64

Airworthiness Directives; Lockheed

Model L–1011–385 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

98–08–09 that was sent previously to all

known U.S. owners and operators of

certain Lockheed Model L–1011–385

series airplanes by individual notices.

This AD requires revision of the

Airplane Flight Manual (AFM) to

prohibit operation of the fuel boost

pumps when fuel quantities are below

certain levels, and to add new

maintenance procedures for operating

the airplane with an inoperative fuel

boost pump assembly or with an

inoperative flight station fuel quantity

indicating system. This AD also requires

the installation of a placard on the

engineer’s fuel panel to advise the

maintenance crew that operation of the

fuel boost pumps when less than 1,200

pounds of fuel are in the corresponding

wing fuel tank is prohibited. This action

is prompted by reports of internal

electrical failures in the fuel boost pump

of the wing fuel tanks that could result

in either electrical arcing or localized

overheating. The actions specified by

this AD are intended to prevent such

electrical arcing or overheating, which

could breech the protective housing of

the fuel boost pump and expose it to

fuel vapors and fumes, and consequent

potential fire or explosion in the wing

fuel tank.

DATES: Effective April 28, 1998, to all

persons except those persons to whom

it was made immediately effective by

emergency AD 98–08–09, issued April

3, 1998, which contained the

requirements of this amendment.

Comments for inclusion in the Rules

Docket must be received on or before

June 22, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

125–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

This information may be examined at

the FAA, Transport Airplane

Directorate, 601 Lind Avenue, SW.,

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Thomas Peters, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Small Airplane Directorate,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia

30349; telephone (770) 703–6063; fax

(770) 703–6097.

SUPPLEMENTARY INFORMATION: On April

3, 1998, the FAA issued emergency AD

98–08–09, which is applicable to certain

Lockheed Model L–1011–385 series

airplanes.

The FAA has received reports of

internal electrical failures in the fuel

boost pump of the wing fuel tanks that

could result in either electrical arcing or

localized overheating. Such electrical

arcing or overheating could burn a hole

in the pump housing and the protective

housing of the fuel boost pump. If

electrical arcing or overheating breeches

the protective housing and the fuel in

the wing fuel tank is at a sufficient level,

the liquid fuel would prevent

combustion. However, if electrical

arcing or overheating breeches the

protective housing of the fuel boost

pump and the fuel level of the wing

tank is low enough to expose the

protective housing to fuel vapors and

fumes, a potential fire or explosion

could occur. The on-going investigation

of the internal electrical failures has not

revealed the cause of the failures as yet.

Explanation of Requirements of the

Rule

Since the unsafe condition described

is likely to exist or develop on other

airplanes of the same type design, the

FAA issued emergency AD 98–08–09 to

prevent a potential fire or explosion in

the wing fuel tank due to exposure of

the fuel boost pump to fuel vapors and

fumes. The AD requires revision of the

Limitations and Procedures Sections of

the FAA-approved Airplane Flight

Manual (AFM) to prohibit operation of

the fuel boost pumps when fuel

quantities are below certain levels, and

to add new maintenance procedures for

operating the airplane with an

inoperative fuel boost pump assembly

or with an inoperative flight station fuel

quantity indicating system (FQIS). The
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20063

AD also requires the installation of a

placard on the engineer’s fuel panel to

advise the maintenance crew that

operation of the fuel boost pumps when

less than 1,200 pounds of fuel are in the

corresponding wing fuel tank is

prohibited.

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

notices issued to all known U.S. owners

and operators of certain Lockheed

Model L–1011–385 series airplanes.

These conditions still exist, and the AD

is hereby published in the Federal

Register as an amendment to section

39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective to all persons.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–125–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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, 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:

98–08–09 Lockheed Aeronautical Systems

Company: Amendment 39–10492.

Docket 98–NM–125–AD.

Applicability: Model L–1011–385–1, –385–

1–14, –385–1–15, and –385–3 series

airplanes, 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 prevent a potential fire or explosion in

the wing fuel tank, accomplish the following:

(a) Within 50 flight hours or 10 days after

the effective date of this AD, whichever

occurs first, revise the Limitations and

Procedures Sections of the FAA-approved

Airplane Flight Manual (AFM) to include the

following information. This may be

accomplished by inserting a copy of this AD

into the AFM.

Add to Limitations Section:

‘‘FUEL SYSTEM

Fuel Pumps

Do not operate the fuel boost pumps of the

affected wing tank in the air or on the ground

when fuel quantities are less than the

following:

Wing tanks 1 and 3: Less than 1,200 lbs (545

kg) in each tank.

Wing tanks 2L and 2R: Less than 1,200 lbs

(545 kg) total in the two compartments

(inboard and outboard) of each tank.

These quantities should be considered

unusable fuel for the purposes of fuel

management.

When operating with a fuel boost pump

assembly inoperative per Master Minimum

Equipment List (MMEL) item number 28–24–

01, add the following maintenance

procedure:

Pull and collar the affected circuit breaker.

When operating with an inoperative flight

station fuel quantity indicating system per

MMEL item 28–41–00, do not operate the

fuel boost pumps of the affected wing tank

in the air or on the ground when fuel

quantities are less than the following:

Wing tanks 1 and 3: Less than 7,000 lbs

(3,175 kg) in the affected tank.

Wing tanks 2L and 2R: Less than 1,200 lbs

(545 kg) total in the two compartments

(inboard and outboard) of the affected

tank.’’

Add to Procedures Section:

‘‘FUEL SYSTEM

Fuel Pumps

If the circuit breaker for any wing tank fuel

boost pump (circuit breakers U3, U4, U7, U8,

U9, U10, U13, U14) trips, do not reset. If the

pump trips while in flight, continue flight in

accordance with the procedures in the ‘‘Tank

Pumps LOW Lights On’’ portion of the

Procedures section of the AFM. If the breaker
20064 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

trips while on the ground, do not reset

without first identifying the source of the

electrical fault.

ELECTRICAL SYSTEM

Fuel Pumps

If the circuit breaker for any wing tank fuel

boost pump (circuit breakers U3, U4, U7, U8,

U9, U10, U13, U14) trips, do not reset. If the

pump trips while in flight, continue flight in

accordance with the procedures in the ‘‘Tank

Pumps LOW Lights On’’ portion of the

Procedures section of the AFM. If the breaker

trips while on the ground, do not reset

without first identifying the source of the

electrical fault.

’’

(b) Within 50 flight hours or 10 days after

the effective date of this AD, whichever

occurs first, install a placard on the

engineer’s fuel panel that states:

‘‘If FQIS is operative, do not operate the

fuel boost pumps when less than 1,200

pounds of fuel are in the corresponding wing

tanks.’’

(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, Atlanta

Aircraft Certification Office (ACO), FAA,

Small 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, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(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) This amendment becomes effective on

April 28, 1998, to all persons except those

persons to whom it was made immediately

effective by emergency AD 98–08–09, issued

on April 3, 1998, which contained the

requirements of this amendment.

Issued in Renton, Washington, on April 16,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–10756 Filed 4–22–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–124–AD; Amendment

39–10497; AD 98–09–16]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR–42 and ATR–72 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all Aerospatiale Model

ATR–42 and ATR–72 series airplanes.

This action requires revising the

Airplane Flight Manual (AFM) to add

specific flightcrew instructions to be

followed in the event of failure of one

or both of the direct current (DC)

generators. This amendment is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified in this AD are

intended to prevent failure of the

second of two DC generators after the

failure of the first generator, which

could lead to the loss of main battery

power and result in the loss of all

electrical power, except the emergency

battery supply, during flight.

DATES: Effective May 8, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

May 26, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

124–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Information pertaining to this

amendment may be obtained from or

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: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, recently notified

the FAA that an unsafe condition may

exist on all Aerospatiale Model ATR–42

and ATR–72 series airplanes. The DGAC

advises that an ATR airplane

experienced the loss of the number one

direct current (DC) generator, followed

by the loss of the number two DC

generator, during flight. The loss of the

second generator occurred following an

attempt by the flightcrew to reset the

number one generator, in accordance

with approved procedures. After a few

minutes, the airplane experienced the

loss of main battery power. The cause of

the failure of the second generator is

currently under investigation. Such

failures, if not corrected, could result in

the loss of all electrical power, except

the emergency battery supply, during

flight.

French Airworthiness Directives

The DGAC issued French telegraphic

airworthiness directives T98–148–

076(B) and T98–149–038(B), both dated

March 20, 1998, in order to assure the

continued airworthiness of these

airplanes in France. These French

airworthiness directives require

adherence to instructions specified in

ATR AFM Chapter 5–04 in the event of

one DC generator failure, and specify

that no attempt should be made to reset

the affected DC generator. Additionally,

the French airworthiness directives note

that, in the event of failure of both DC

generators, resetting the generators

should be attempted.

Explanation of FAA’s Findings

The current version of the FAAapproved ATR Airplane Flight Manual

(AFM) specifies that a single failed

generator is to be left in the ‘‘OFF’’

position; however, the AFM does not

explicitly prohibit an attempted reset of

a failed generator. Moreover, for some

operators, Flight Crew Operating

Manuals may contain instructions for

one attempt to reset a failed generator.

Therefore, the FAA has determined that

explicit instructions must be provided

in the Limitations section of the AFM to

specify that flight crews should not

attempt to reset a single failed generator.

However, in the event of dual DC

generator failure, reset of the generators

should be attempted.

FAA’s Conclusions

These airplane models are

manufactured in France and are 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