27450 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations

return, the district director may, in the

exercise of discretion, consider release

of the alien from custody upon such

terms and conditions as the district

director may prescribe, without regard

to paragraphs (c)(2), (c)(4), and (c)(5) of

this section.

(ii) The district director may also,

notwithstanding paragraph (c)(5) of this

section, consider release from custody,

upon such terms and conditions as the

district director may prescribe, of any

alien described in paragraph (c)(2)(ii) of

this section who has been in the

Service’s custody for six months

pursuant to a final order of deportation

terminating the alien’s status as a lawful

permanent resident.

(iii) The district director may release

an alien from custody under this

paragraph only in accordance with the

standards set forth in paragraph (c)(3) of

this section and any other applicable

provisions of law.

(iv) The district director’s custody

decision under this paragraph shall not

be subject to redetermination by an

immigration judge, but, in the case of a

custody decision under paragraph

(c)(6)(ii) of this section, may be

appealed to the Board of Immigration

Appeals pursuant to paragraph (d)(3)(iii)

of this section.

(7) Construction. A reference in this

section to a provision in section 241 of

the Act as in effect prior to April 1,

1997, shall be deemed to include a

reference to the corresponding provision

in section 237 of the Act as in effect on

April 1, 1997. A reference in this section

to a ‘‘crime’’ shall be considered to

include a reference to a conspiracy or

attempt to commit such a crime. In

calculating the 10-year period specified

in paragraph (c)(4) of this section and

the 15-year period specified in

paragraph (c)(5) of this section, no

period during which the alien was

detained or incarcerated shall count

toward the total. References in

paragraph (c)(6)(i) of this section to the

‘‘district director’’ shall be deemed to

include a reference to any official

designated by the Commissioner to

exercise custody authority over aliens

covered by that paragraph. Nothing in

this part shall be construed as

prohibiting an alien from seeking

reconsideration of the Service’s

determination that the alien is within a

category barred from release under this

part.

* * * * *

(11) An immigration judge may not

exercise the authority provided in this

section, and the review process

described in paragraph (d) of this

section shall not apply, with respect to

any alien beyond the custody

jurisdiction of the immigration judge as

provided in § 3.19(h) of this chapter.

(d) * * *

(4) Effect of filing an appeal. The

filing of an appeal from a determination

of an immigration judge or district

director under this paragraph shall not

operate to delay compliance with the

order (except as provided in § 3.19(i)),

nor stay the administrative proceedings

or removal.

* * * * *

Dated: May 12, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–13178 Filed 5–18–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–ANE–30–AD; Amendment

39–10527; AD 98–10–15]

RIN 2120–AA64

Airworthiness Directives; AlliedSignal

Inc. Model TFE731–40R-200G Turbofan

Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to AlliedSignal Inc. Model

TFE731–40R–200G turbofan engines.

This action requires replacing the fuel

line between the main fuel pump and

the motive flow pump with a

serviceable assembly and adding a

supporting bracket and clamp. This

amendment is prompted by a report of

a cracked fuel line between the main

fuel pump and the motive flow pump

causing the spraying of fuel on and

around electrical components. The

actions specified in this AD are

intended to prevent fuel spraying on

and around electrical components due

to a cracked fuel line, which could

result in an engine fire.

DATES: Effective May 19, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 19,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 20, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 98–ANE–

30–AD, 12 New England Executive Park,

Burlington, MA 01803–5299. Comments

may also be sent via the Internet using

the following address: ‘‘9-adengineprop@faa.dot.gov’’. Comments

sent via the Internet must contain the

docket number in the subject line.

The service information referenced in

this AD may be obtained from

AlliedSignal Aerospace Services Attn:

Data Distribution, M/S 64–3/2101–201,

P.O. Box 29003, Phoenix, AZ 85038–

9003; telephone (602) 365–2493, fax

(602) 365–5577. This information may

be examined at the FAA, New England

Region, Office of the Regional Counsel,

12 New England Executive Park,

Burlington, MA; or at the Office of the

Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT:

Joseph Costa, Aerospace Engineer, Los

Angeles Aircraft Certification Office,

FAA, Transport Airplane Directorate,

3960 Paramount Blvd., Lakewood, CA

90712–4137; telephone (562) 627–5246,

fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: The

Federal Aviation Administration (FAA)

has received a report of a cracked fuel

line between the main fuel pump and

the motive flow pump causing the

spraying of fuel on and around electrical

components on an AlliedSignal Inc.

Model TFE731–40R–200G turbofan

engine. While taxiing after flight, the

ground crew noted a fuel leak from the

right hand engine of an Israel Aircraft

Industries, LTD. (IAI) Astra SPX aircraft.

The fuel line, part number (P/N)

3061191–1, between the main fuel

pump and the motive flow pump, was

found cracked at the weld of the elbow

fitting. The right-hand engine had

accumulated 8 operating hours. The

investigation revealed that during

manufacturing of the fuel line between

the main fuel pump and the motive flow

pump, inadequate weld penetration was

created by an orbital weld operation.

The lack of penetration was not

identified by the post-weld X-ray

inspection. The fracture of the fuel line

was due to high cycle fatigue which

initiated at the localized area of

incomplete weld penetration. This

condition, if not corrected, could result

in fuel spraying on and around

electrical components due to a cracked

fuel line, which could result in an

engine fire.

The FAA has reviewed and approved

the technical contents of AlliedSignal

Inc. Alert Service Bulletin (ASB) No.

TFE731–A73–5111, dated April 16,
Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations 27451

1998, that describes procedures for

replacing the fuel line between the main

fuel pump and the motive flow pump

with a serviceable assembly and adding

a supporting bracket and clamp.

Since an unsafe condition has been

identified that is likely to exist or

develop on other engines of the same

type design, this AD is being issued to

prevent fuel line cracking. This AD

requires, within 10 hours time in service

(TIS) after the effective date of this AD,

replacing the fuel line between the main

fuel pump and the motive flow pump

with a serviceable assembly and adding

a supporting bracket and clamp. The

actions are required to be accomplished

in accordance with the ASB described

previously.

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 should 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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–ANE–30–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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 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:

98–10–15 ALLIED SIGNAL INC.: Amendment 39–

10527. Docket 98–ANE–30–AD.

Applicability: AlliedSignal Inc. Model

TFE731–40R–200G turbofan engines,

equipped with a fuel line, part number (P/N)

3061191–1, between the main fuel pump and

the motive flow pump. These engines are

installed on but not limited to Israel Aircraft

Industries LTD. (IAI) Model Astra SPX

aircraft.

Note 1: This airworthiness directive (AD)

applies to each engine 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 engines 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 fuel spraying on and around

electrical components due to a cracked fuel

line, which could result in an engine fire,

accomplish the following:

(a) Within 10 hours time in service (TIS)

after the effective date of this AD, replace the

fuel line, P/N 3061191–1, between the main

fuel pump and the motive flow pump, with

a serviceable assembly, and add a supporting

bracket and clamp, in accordance with the

Accomplishment Instructions of AlliedSignal

Inc. Alert Service Bulletin (ASB) No.

TFE731–A73–5111, dated April 16, 1998.

(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.

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 Aircraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Los Angeles

Aircraft Certification Office.

(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 aircraft to

a location where the requirements of this AD

can be accomplished.

(d) The actions required by this AD shall

be done in accordance with the following

AlliedSignal Inc. ASB:
27452 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations

Document No. Pages Date

TFE731–A73–5111 ........................................................................................................................................ 1–8 ................... April 16, 1998.

Total pages: 8.

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 AlliedSignal Aerospace Services Attn:

Data Distribution, M/S 64–3/2101–201, P.O.

Box 29003, Phoenix, AZ 85038–9003;

telephone (602) 365–2493, fax (602) 365–

5577. Copies may be inspected at the FAA,

New England Region, Office of the Regional

Counsel, 12 New England Executive Park,

Burlington, MA; or at the Office of the

Federal Register, 800 North Capitol Street,

NW., suite 700, Washington, DC.

(e) This amendment becomes effective on

May 19, 1998.

Issued in Burlington, Massachusetts, on

May 7, 1998.

Thomas A. Boudreau,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 98–12917 Filed 5–18–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–54–AD; Amendment

39–10523, AD 98–10–11]

RIN 2120–AA64

Airworthiness Directives; CFM

International CFM56–3, –3B, –3C, –5,

–5B, and –5C Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to CFM International

CFM56–3, –3B, –3C, –5, –5B, and –5C

series turbofan engines. This action

supersedes telegraphic AD T97–25–51

that currently requires removal of one

engine from an aircraft, and replacement

with a serviceable engine or

replacement of parts, if both engines are

equipped with a specific accessory

gearbox (AGB) starter gearshaft or

transfer gearbox (TGB) input bevel gear,

and daily checks of the AGB/TGB

magnetic chip detector. This

amendment is prompted by further

investigation that has revealed that

certain TGB output bevel gears and AGB

intermediate gear assemblies on

CFM56–3, –3B, and –3C series engines,

and AGB gearshaft cluster spur

assemblies on CFM56–5, –5B, and –5C

series engines could also be affected.

The actions specified by this AD are

intended to prevent inflight engine

shutdowns due to an AGB starter

gearshaft, TGB input bevel gear, TGB

output bevel gear, AGB gearshaft cluster

spur assembly or AGB intermediate gear

assembly failure.

DATES: Effective June 3, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 3,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 20, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 97–ANE–

54–AD, 12 New England Executive Park,

Burlington, MA 01803–5299. Comments

may also be sent via the Internet using

the following address: ‘‘9-adengineprop@faa.dot.gov’’. Comments

sent via the Internet must contain the

docket number in the subject line.

The service information referenced in

this AD may be obtained from CFM

International, Technical Publications

Department, 1 Neumann Way,

Cincinnati, OH 45215; telephone (513)

552–2981, fax (513) 552–2816. This

information may be examined at the

FAA, New England Region, Office of the

Regional Counsel, 12 New England

Executive Park, Burlington, MA; or at

the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

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

(781) 238–7132, Fax (781) 238–7199.

SUPPLEMENTARY INFORMATION: On

December 4, 1997, the Federal Aviation

Administration (FAA) issued

telegraphic airworthiness directive (AD)

T97–25–51, applicable to CFM

International (CFMI) CFM56–3, –3B,

and –3C series turbofan series engines,

which requires removal of one engine

from an aircraft, and replacement with

a serviceable engine or replacement of

parts, if both engines are equipped with

a specific accessory gearbox (AGB)

starter gearshaft or transfer gearbox

(TGB) input bevel gear. In addition, that

telegraphic AD requires daily checks of

the AGB/TGB magnetic chip detector on

engines identified by engine serial

number (ESN) in the applicability

section of that telegraphic AD until

installation of a serviceable starter

gearshaft or input bevel gear. That

action was prompted by reports of three

inflight engine shutdowns due to AGB

starter gearshaft failures, and reports of

four findings of TGB input bevel gear

cracks that were detected during

inspections. All seven reports occurred

on low time newly delivered CFM56–3

series turbofan engines. The engines

involved in these reports had time in

service since new ranging from 213 to

500 hours, and cycles in service since

new ranging from 153 to 229.

Preliminary investigation results

indicate that the root cause of the AGB

starter gearshaft failure and TGB input

bevel gear cracks may stem from the

improper cleaning procedure prior to

the black oxide process during

manufacture that causes residual

stresses around the welding areas that

could lead to a crack. That condition, if

not corrected, could result in inflight

engine shutdowns due to an AGB starter

gearshaft or TGB input bevel gear

failure.

Since the issuance of that telegraphic

AD, the FAA has determined that

certain TGB output bevel gears and AGB

intermediate gear assemblies on

CFM56–3, –3B, and –3C series engines,

and AGB gearshaft cluster spur

assemblies on CFM56–5, –5B, and –5C

series engines could also be affected.

There are 44 total AGB starter

gearshafts, 41 total TGB input bevel

gears, 33 total TGB output bevel gears,

60 total AGB gearshaft cluster spur

assemblies, and 37 AGB intermediate

gear assemblies that may be affected.

Therefore, this expands the applicability

of the AD to include those engines with

these parts installed.

The FAA has reviewed and approved

the technical contents of CFMI CFM56–

3/–3B/–3C Alert Service Bulletin (ASB)

No. 72–A861, Revision 3, dated

December 3, 1997, that describes

procedures for AGB/TGB magnetic chip

detector inspections. In addition, the

FAA has reviewed and approved the

technical contents of CFMI CFM56–3/–

3B/–3C Service Bulletin (SB) No. 72–

863, Revision 1, dated November 18,

1997; CFMI CFM56–3/–3B/–3C SB No.

72–865, dated November 18, 1997;