24742 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations

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:

98–09–30 Airbus: Amendment 39–10511.

Docket 97–NM–300–AD.

Applicability: Airbus Model A330–301

series airplanes equipped with Pratt &

Whitney or General Electric engines on

which Airbus Modification 44649 has not

been accomplished, 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 (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 fuel from leaking into the pylon

primary structure and into the engine nacelle

core zone, which could result in a fire in the

engine; accomplish the following:

(a) Within 500 flight hours after the

effective date of this AD, perform a one-time

visual inspection to measure the clearances

between the engine forward feed pipe and

the shroud sleeve of the left- and right-hand

engine pylons, in accordance with Airbus

Service Bulletin A330–28–3046, Revision 01,

dated November 12, 1996. If the measured

clearance is greater than 6 millimeters (mm),

no further action is required by this AD.

(b) If the measured clearance is less than

or equal to 6 mm, prior to further flight,

perform an operational test to check for fuel

leaks in accordance with Airbus Service

Bulletin A330–28–3046, Revision 01, dated

November 12, 1996.

(1) If no leaking is found, repeat the

operational test thereafter at intervals not to

exceed 500 flight hours until the

requirements of paragraph (c) of this AD are

accomplished.

(2) If any leaking is found, prior to further

flight, replace the shroud sleeve with a new

improved part in accordance with Airbus

Service Bulletin A330–28–3045, dated

August 9, 1996. Accomplishment of this

replacement constitutes terminating action

for the repetitive operational testing

requirements of this AD.

(c) For any airplane on which the

measured clearance is less than or equal to

6 mm and no leaking is found during any

operational test required by paragraph (b) of

this AD: Within 1 year after the effective date

of this AD, replace the shroud sleeve with a

new improved part in accordance with

Airbus Service Bulletin A330–28–3045,

dated August 9, 1996. Accomplishment of

this modification constitutes terminating

action for the repetitive operational testing

requirements of paragraph (b) of this AD.

(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.

(e) Special flight permits may be issued in

accordance with §§ 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 replacement shall be done in

accordance with Airbus Service Bulletin

A330–28–3045, dated August 9, 1996. The

inspection and operational test (if

accomplished) shall be done in accordance

with Airbus Service Bulletin A330–28–3046,

Revision 01, dated November 12, 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 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 96–174–

034(B)R1, dated January 2, 1997.

(g) This amendment becomes effective on

May 20, 1998.

Issued in Renton, Washington, on April 24,

1998.

Gary L. Killion,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11563 Filed 5–4–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–131–AD; Amendment

39–10512; AD 98–10–01]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–11 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 certain McDonnell

Douglas Model MD–11 series airplanes.

This action requires a revision of the

Airplane Flight Manual to alert the

flightcrew that both flight management

computers (FMC’s) must be installed

and operational. This AD also requires

an inspection to determine the serial

number of the FMCs, and follow-on

corrective actions, if necessary. This

amendment is prompted by a report

indicating that, due to incorrect

multiplexers that were installed in the

flight management computer system

(FMC’S) during production, certain data

busses failed simultaneously during a

ground test. The actions specified in

this AD are intended to prevent loss of

airspeed and altitude indications on

both primary flight displays in the

cockpit, and/or loss or degradation of

the autopilot functionality due to

installation of incorrect multiplexers,

and consequent failure of the data

busses.

DATES: Effective May 20, 1998.

The incorporation by reference of

certain publications listed in the
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations 24743

regulations is approved by the Director

of the Federal Register as of May 20,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 6, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

131–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from The

Boeing Company, Douglas Products

Division, 3855 Lakewood Boulevard,

Long Beach, California 90846,

Attention: Technical Publications

Business Administration, Dept. C1–L51

(2–60). This information may be

examined 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.

FOR FURTHER INFORMATION CONTACT:

Brett Portwood, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Transport Airplane

Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California

90712–4137; telephone (562) 627–5350;

fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: The FAA

received a report indicating that, during

a routine ground test on an Airbus

Model A310 series airplane, which

included a power-down test of the

Honeywell Flight Management

Computer System (FMCS), multiple

ARINC 429 data busses failed

simultaneously. Investigation revealed

that a batch of incorrect multiplexers

were installed in the FMCS during

production, which can cause loading of

the ARINC 429 data busses when the

flight management computer (FMC) is

de-energized. This condition, if not

corrected, could result in loss of

airspeed and altitude indications on

both primary flight displays in the

cockpit and/or loss or degradation of the

autopilot functionality.

Similar Airplanes

The FMCS of Airbus Model A310

series airplanes is similar in design to

that of McDonnell Douglas Model MD–

11 series airplanes. Therefore, the FAA

has determined that Model MD–11

series airplanes may be subject to the

same unsafe condition. The FAA has

been advised that the Direction Ge ́ne ́rale

de l’Aviation Civile (DGAC), which is

the airworthiness authority for France,

may consider issuing a parallel French

airworthiness directive to correct the

identified unsafe condition on Airbus

Model A310 series airplanes.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

McDonnell Douglas Alert Service

Bulletin MD11–34A083, dated April 6,

1998, which describes procedures for a

visual inspection to determine the serial

number of the FMC’s, and follow-on

corrective actions, if necessary. The

follow-on corrective actions include, for

any airplane on which an affected serial

number is found, a visual inspection to

determine the part number of the

multiplexer, and modification of certain

multiplexers. In addition, the alert

service bulletin describes procedures for

a functional test of the FMC in the flight

compartment to determine if an

incorrect multiplexer is installed, and

corrective actions, if necessary.

McDonnell Douglas Alert Service

Bulletin MD11–34A083, dated April 6,

1998, references Honeywell Service

Bulletin 4059050–34–0011, dated March

12, 1998, as an additional source of

service information.

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 the same

type design, this AD is being issued to

prevent loss of airspeed and altitude

indications on both primary flight

displays in the cockpit, and/or loss or

degradation of the autopilot

functionality as a result of incorrect

multiplexers installed in the FMCS.

This AD requires revising the

Limitations Section of the FAAapproved Airplane Flight Manual

(AFM) to alert the flightcrew that, prior

to dispatch, both FMC’s must be

installed and operational.

This AD also requires

accomplishment of the actions specified

in the alert service bulletin described

previously, except as discussed below.

Differences Between Rule and Alert

Service Bulletin

Operators should note that, although

the alert service bulletin describes

procedures for a functional test, this AD

does not require that functional test.

The FAA has determined that the

functional test does not positively

indicate that an incorrect multiplexer is

installed.

Interim Action

This is considered to be interim

action. The FAA is considering further

rulemaking action to supersede this AD

to require modification of any FMC that

does not have an affected serial number

(i.e., Condition 2 of the Work

Instructions in the referenced alert

service bulletin). However, the planned

compliance time for these actions is

sufficiently long so that notice and

opportunity for prior public comment

will be practicable.

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–131–AD.’’ The

postcard will be date stamped and

returned to the commenter.
24744 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations

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

adding the following new airworthiness

directive:

98–10–01 McDonnell Douglas: Amendment

39–10512. Docket 98–NM–131–AD.

Applicability: Model MD–11 series

airplanes, manufacturer’s fuselage numbers

0447 through 0552 inclusive, and 0554

through 0621 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 (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 loss of airspeed and altitude

indications on both primary flight displays in

the cockpit and/or loss or degradation of the

autopilot functionality, due to installation of

incorrect multiplexers in the flight

management computer system (FMCS),

accomplish the following:

(a) Within 5 days after the effective date of

this AD, revise Section 1, page 5–1 of the

Limitations Section of the FAA-approved

Airplane Flight Manual (AFM) to include the

following statement. This may be

accomplished by inserting a copy of this AD

into the AFM.

‘‘Prior to dispatch of the airplane, both

Flight Management Computer 1 (FMC–1) and

FMC–2 must be installed and operational.’’

(b) Within 45 days after the effective date

of this AD, perform a visual inspection to

determine the serial number of the flight

management computers (FMC), in

accordance with McDonnell Douglas Alert

Service Bulletin MD11–34A083, dated April

6, 1998. After this inspection is

accomplished, the AFM revision required by

paragraph (a) of this AD may be removed

from the AFM.

(1) If no affected serial number is found, no

further action is required by this paragraph.

(2) If any affected serial number is found,

prior to further flight, perform a visual

inspection to determine the part number (P/

N) of the multiplexer, in accordance with the

alert service bulletin. If any affected P/N is

found, prior to further flight, modify the

multiplexer in accordance with the alert

service bulletin.

Note 2: McDonnell Douglas Alert Service

Bulletin MD11–34A083, dated April 6, 1998,

references Honeywell Service Bulletin

4059050–34–0011, dated March 12, 1998, as

an additional source of service information.

(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, 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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles 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) Except as provided for in paragraph (a)

of this AD, the actions shall be done in

accordance with McDonnell Douglas Alert

Service Bulletin MD11–34A083, dated April

6, 1998. 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 The Boeing Company, Douglas Products

Division, 3855 Lakewood Boulevard, Long

Beach, California 90846, Attention: Technical

Publications Business Administration, Dept.

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.

(f) This amendment becomes effective on

May 20, 1998.

Issued in Renton, Washington, on April 28,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11808 Filed 5–4–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AWP–9]

Modification of Class D Airspace;

Mountain View, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action modifies the Class

D surface area at Mountain View, CA by

revising the vertical limit within its

geographic boundary up to, but not

including 2,500 feet MSL, excluding the

San Jose (SJC) Class C surface area. A

review of airspace classification made

this action necessary in order to achieve

compliance with criteria stated in FAA

Order 7400.2D. This action will ensure

that the Class D surface area at

Mountain View, CA will be of sufficient

size to allow for and contain the safe

and efficient handling of operations at

Moffett Federal Airfield (NUQ).

EFFECTIVE DATE: 0901 UTC August 13,

1998.

FOR FURTHER INFORMATION CONTACT:

Jeri Carson, Airspace Specialist,

Airspace Branch, AWP–520, Air Traffic

Division, Western-Pacific Region,