This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

18817

Vol. 63, No. 73

Thursday, April 16, 1998

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–79–AD; Amendment

39–10472; AD 98–08–23]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747 and 767 Series Airplanes

Equipped With General Electric (GE)

CF6–80C2 Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Boeing Model 747

and 767 series airplanes, that currently

requires revising the FAA-approved

Airplane Flight Manual (AFM) to

prohibit the use of certain fuels; and

either replacing the existing placard on

the door of the fueling control panel

with a new placard, or replacing all

dribble flow fuel nozzles (DFFN’s) with

standard fuel nozzles, which terminates

the requirements for a placard and AFM

revision. This amendment continues

these requirements and adds additional

airplanes to the applicability. This

amendment is prompted by a report of

an engine flameout due to the use of JP–

4 or Jet B fuel during certification

testing on an engine with DFFN’s

installed. The actions specified in this

AD are intended to prevent such engine

flameouts and consequent engine

shutdown.

DATES: Effective May 1, 1998.

The incorporation by reference of

certain publications, as listed in the

regulations, was previously approved by

the Director of the Federal Register as of

November 12, 1997 (62 FR 55728,

October 28, 1997).

Comments for inclusion in the Rules

Docket must be received on or before

June 15, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

79–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from 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; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Dionne Stanley, Aerospace Engineer,

Propulsion Branch, ANM–140S, Seattle

Aircraft Certification Office, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2250;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: On

October 17, 1997, the FAA issued AD

97–22–04, amendment 39–10175 (62 FR

55728, October 28, 1997), applicable to

certain Boeing Model 747 and 767 series

airplanes, to require revising the FAAapproved Airplane Flight Manual

(AFM) to prohibit the use of certain

fuels; and either replacing the existing

placard on the door of the fueling

control panel with a new placard, or

replacing all dribble flow fuel nozzles

(DFFN’s) with standard fuel nozzles,

which terminates the requirements for a

placard and AFM revision. That action

was prompted by a report indicating

that, during certification testing, a

General Electric CF6–80C2 engine with

DFFN’s installed experienced flameout

due to the use of JP–4 or Jet B fuel. The

actions required by that AD are

intended to prevent such engine

flameouts and consequent engine

shutdown.

Restatement of the Relevant Service

Information

The FAA has reviewed and approved

Boeing Alert Service Bulletins 747–

11A2052 (for Model 747 series

airplanes) and 767–11A0031 (for Model

767 series airplanes), both dated

September 11, 1997, which describe

procedures for removing the existing

placard on the door of the fueling

control panel and replacing it with a

new placard that prohibits the use of JP–

4 and Jet B fuels (wide cut fuels).

Additionally, these alert service

bulletins describe procedures for

removing the DFFN’s and replacing

them with standard fuel nozzles.

Accomplishment of this replacement on

the operator’s entire fleet eliminates the

need for a placard that prohibits the use

of wide cut fuels.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of this same

type design that are equipped with

DFFN’s, this AD is being issued to

continue to require revisions to the

FAA-approved AFM to prohibit the use

of wide cut fuels. This AD also is being

issued to continue to require either

replacement of the existing placard on

the door of the fueling control panel

with a new placard, or replacement of

all DFFN’s with standard fuel nozzles

(the latter option terminates the

requirements for an AFM revision and

a new placard). In addition, this

amendment expands the applicability to

include all Boeing Model 747 and 767

series airplanes with GE CF6–80C2

engines and those airplanes delivered

subsequent to the issuance of AD 97–

22–04. These actions are required to be

accomplished in accordance with the

service bulletins described previously,

except as discussed below.

Differences Between This AD and the

Previous AD

Operators should note that, in

addition to the list of effective airplanes

referenced in Boeing Alert Service

Bulletin 747–11A2052 (for Model 747

series airplanes) or Boeing Alert Service

Bulletin 767–11A0031 (for Model 767

series airplanes), both dated September

11, 1997, this amendment expands the

applicability to all Boeing Model 747

and 767 series airplanes equipped with

General Electric CF6–80C2 engines,

regardless of whether or not the

airplanes are equipped with DFFN’s.

The FAA finds that there is a likelihood

that operators with a mixed fleet (e.g.,

airplanes equipped with GE CF6–80C2

engines with DFFN’s installed and those

without DFFN’s installed) could

inadvertently use the incorrect type of

fuel. To eliminate this likelihood, the
18818 Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 /Rules and Regulations

FAA requires that if any airplane in an

operator’s fleet is equipped with GE

CF6–80C2 engines with DFFN’s

installed, the use of wide-cut fuels is

prohibited for the entire fleet. The

previous AD was applicable only to

airplanes having GE CF6–80C2 engines

equipped with DFFN’s; this rule is

applicable to all airplanes having GE

CF6–80C2 engines. The applicability is

expanded in this AD to ensure that each

specific operator uses the correct type of

fuel throughout its entire fleet.

Additionally, airplanes that were

released from production into service

subsequent to the release of these

service bulletins and that were not

covered by AD 97–22–04 are now

included in the applicability of this

amendment.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

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–79–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, 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 AD 97–22–04,

39–10175 (62 FR 55728, November 12,

1997), and by adding a new

airworthiness directive (AD),

amendment 39–10472, to read as

follows:

98–08–23 Boeing: Amendment 39–10472.

Docket 98–NM–79–AD. Supersedes AD

97–22–04, amendment 39–10175.

Applicability: All Model 747 and 767 series

airplanes having General Electric CF6–80C2

engines, 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 (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 engine flameouts due to the use

of JP–4 or Jet B fuel on certain engines with

dribble flow fuel nozzles (DFFN’s) installed

and consequent shutdown, accomplish the

following:

Restatement of Requirements of AD 97–22–

04

(a) For airplanes with DFFN’s installed:

Within 14 days after November 12, 1997 (the

effective date of AD 97–22–04), revise

Section 1 of the Limitations Section of the

FAA-approved Airplane Flight Manual

(AFM) to include the following procedures.

This may be accomplished by inserting a

copy of this AD into the AFM.

(1) Revise paragraph 1 of the Engine Fuel

System section to read as follows: ‘‘The fuel

designation is General Electric (GE)

Specification D50TF2, as revised. Fuel

conforming to commercial jet fuel

specification ASTM–D–1655, Jet A, and Jet

A–1 are authorized for unlimited use in this

engine. Fuels conforming to MIL–T–5624

grade JP–5 and MIL–T–83113 grade JP–8 are

acceptable alternatives. The engine will

operate satisfactorily with any of the

foregoing fuels or any mixture thereof.’’ And,

(2) Add the following sentence to

paragraph 2 of the Engine Fuel System

section: ‘‘The use of Jet B and JP–4 fuel is

prohibited.’’

(b) For airplanes with DFFN’s installed:

Within 30 days after November 12, 1997,

accomplish the requirements of paragraph

(b)(1) or (b)(2) of this AD, in accordance with

either Boeing Alert Service Bulletin 747–

11A2052 (for Model 747 series airplanes) or

767–11A0031 (for Model 767 series

airplanes), both dated September 11, 1997; as

applicable.

(1) Remove the existing placard on the

door of the fueling control panel and replace

it with a new placard that restricts the use

of JP–4 and Jet B fuels (wide cut fuels), in

accordance with the applicable alert service

bulletin. Or

(2) Remove the DFFN’s, and replace them

with standard fuel nozzles, in accordance
Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 /Rules and Regulations 18819

1Such disclosures would be made to further the

goal of the comment period. That goal is to inform

the Commission’s judgment, and not to confer any

substantive rights on submitters. Letter, Donald S.,

Clark, Secretary (by direction of the Commission),

to Robert A. Hammond, Esq., Re: Institute Merieux,

S.A. Docket No. C–3301 (April 20, 1992). Cf.

General Motors Corp., 103 F.T.C. 58, 63 (1984)

(explaining rationale for the public comment period

on proposed settlements under Rule 2.34).

with the applicable alert service bulletin.

When an operator’s entire fleet has had all

DFFN’s replaced with standard fuel nozzles,

the AFM revision required by paragraph (a)

of this AD may be removed from the AFM

and the placard required by paragraph (b)(1)

of this AD may be removed from each

airplane.

New Requirements of This AD

(c) If a DFFN is installed on any airplane

in a specific operator’s fleet, accomplish the

requirements of paragraphs (c)(1) and (c)(2)

of this AD; in accordance with either Boeing

Alert Service Bulletin 747–11A2052 (for

Model 747 series airplanes) or Boeing Alert

Service Bulletin 767–11A0031 (for Model

767 series airplanes), both dated September

11, 1997; as applicable.

(1) Within 14 days after the effective date

of this AD, all airplanes in a specific

operator’s fleet must revise Section 1 of the

Limitations Section of the FAA-approved

AFM to include the following procedures.

This may be accomplished by inserting a

copy of this AD in the AFM.

(i) Revise paragraph 1 of the Engine Fuel

System section to read as follows: ‘‘The fuel

designation is General Electric (GE)

Specification D50TF2, as revised. Fuel

conforming to commercial jet fuel

specification ASTM–D–1655, Jet A, and Jet

A–1 are authorized for unlimited use in this

engine. Fuels conforming to MIL–T–5624

grade JP–5 and MIL–T–83113 grade JP–8 are

acceptable alternatives. The engine will

operate satisfactorily with any of the

foregoing fuels or any mixture thereof.’’ And,

(ii) Add the following sentence to

paragraph 2 of the Engine Fuel System

section: ‘‘The use of Jet B and JP–4 fuel is

prohibited.’’

(2) Within 30 days after the effective date

of this AD, all airplanes in a specific

operator’s fleet must accomplish the actions

required by paragraph (c)(2)(i) or (c)(2)(ii) of

this AD, as applicable.

(i) Remove the existing placard on the door

of the fueling control panel and replace it

with a new placard that restricts the use of

JP–4 and Jet B fuels (wide cut fuels), in

accordance with the applicable alert service

bulletin. Or

(ii) Remove the DFFN, and replace it with

a standard fuel nozzle, in accordance with

the applicable alert service bulletin. When an

operator’s entire fleet has had all DFFN’s

replaced with standard fuel nozzles, the AFM

revision required by paragraphs (c)(1)(i) and

(c)(1)(ii) of this AD may be removed from the

AFM, and the new placard required by

paragraph (c)(2)(i) of this AD may be

removed from each airplane.

(d) Except as provided by paragraph (e) of

this AD, if a DFFN is not installed on any

airplane in a specific operator’s fleet, no

further action is required by this AD.

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

person shall install any DFFN having General

Electric part number 9331M72P33,

9331M72P34, or 9331M72P41 on any

airplane unless the requirements specified by

paragraphs (c)(1)(i), (c)(1)(ii), and (c)(2)(i) of

this AD have been accomplished for the

operator’s entire fleet.

(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, 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.

(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 (except no loading of

JP–4 or Jet B fuel).

(h) Except as provided by paragraph (a) of

this AD, the actions shall be done in

accordance with Boeing Alert Service

Bulletin 747–11A2052, dated September 11,

1997, or Boeing Alert Service Bulletin 767–

11A0031, dated September 11, 1997; as

applicable. The incorporation by reference of

these service bulletins was approved

previously by the Director of the Federal

Register as of November 12, 1997 (62 FR

55728, October 28, 1997). Copies may be

obtained from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle, Washington

98124–2207. 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.

(i) This amendment becomes effective on

May 1, 1998.

Issued in Renton, Washington, on April 9,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–10054 Filed 4–15–98; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR Parts 2 and 4

Procedures in Prior Approval

Proceedings

AGENCY: Federal Trade Commission.

ACTION: Final rule.

SUMMARY: The Federal Trade

Commission is amending its regulations,

which govern applications for approval

of proposed divestitures, acquisitions,

or similar transactions that are subject to

Commission review under outstanding

orders, and is also making a conforming

amendment. The principal changes

accomplished by these amendments are

to clarify the nature of the materials that

will be placed on the public record in

prior approval proceedings, to clarify

the timing of such placement, and to

provide expressly that, in appropriate

cases, the Commission may shorten,

eliminate, extend or reopen a comment

period.

DATES: The amendments are effective

April 16, 1998.

FOR FURTHER INFORMATION CONTACT:

Marc Winerman, Attorney, Office of the

General Counsel, 202–326–2451.

SUPPLEMENTARY INFORMATION:

I. Materials To Be Placed on the Public

Record in Prior Approval Proceedings

Amended Rule 2.41(f)(1) replaces the

requirement that prior approval

applications under that rule be placed

on the public record ‘‘together with

supporting materials.’’ The revised rule

explains that applications shall ‘‘fully

describe the terms of the transaction and

shall set forth why the transaction

merits Commission approval.’’ It

provides for placement on the public

record of the application, together with

any additional applicant submissions

that the Commission directs be placed

on the public record.1 It also delegates

to the Director of the Bureau of

Competition the authority to direct

placement of additional applicant

submissions on the public record

(subject to confidentiality

determinations by the General Counsel).

The rule also clarifies a requirement

for placing on the public record any

written or oral communication that

concerns a prior approval proceeding

and that is directed to a Commissioner

or ‘‘any employee involved in the

decisional process.’’ As construed by

the Commission, and as amended

§ 2.41(f)(3) makes explicit, this

disclosure requirement applies only to

communications between outside

parties and Commissioners or their

personal staffs. The amended rule also

replaces the provision that such

disclosures will be made ‘‘immediately’’

with a provision that disclosures will be

made ‘‘expeditiously.’’

Section 2.41(f)(5) makes clear that all

disclosure requirements under the rule

are subject to confidentiality requests. If

such requests are denied, the submitter

will receive notice before any disclosure

of affected information takes place. See

also 15 U.S.C. 57b–2(c). Section

2.41(f)(5) also explains that

confidentiality requests need not be