20066 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

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.

(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.

Note 3: The subject of this AD is addressed

French telegraphic airworthiness directives

T98–148–076(B) and T98–149–038(B), both

dated March 20, 1998.

(d) This amendment becomes effective on

May 8, 1998.

Issued in Renton, Washington, on April 20,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–10918 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–126–AD; Amendment

39–10491; AD 98–08–11]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–11 and MD–11F

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)

98–08–11 that was sent previously to all

known U.S. owners and operators of

certain McDonnell Douglas Model MD–

11 and MD–11F series airplanes by

individual notices. This AD requires

opening the circuit breaker of the

pneumatic sense line heater tape,

installing an inoperative ring, and

coiling and stowing the electrical wire

to the circuit breaker of the pneumatic

sense line heater tape. This AD also

provides for an optional inspection,

which, if accomplished, constitutes

terminating action for deactivation of

the pneumatic sense line heater tape.

This action is prompted by a report

indicating that, while an airplane was

on the ground, fuel was found leaking

from the fuel feed pipe of the number

2 engine due to inadequate clearance

between the fuel feed pipe and the

pneumatic sense line heater tape. The

actions specified by this AD are

intended to detect and correct such

inadequate clearance, which could

result in a hole in the fuel feed pipe

caused by electrical arcing, and

consequent fuel leakage and possible

ignition of the fuel vapors.

DATES: Effective April 28, 1998, to all

persons except those persons to whom

it was made immediately effective by

emergency AD 98–08–11, issued on

April 6, 1998, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 28,

1998.

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–

126–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The applicable service information

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:

Roscoe Van Dyke, Aerospace Engineer,

Propulsion Branch, ANM–140L, FAA,

Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California 90712; telephone

(562) 627–5254; fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: On April

6, 1998, the FAA issued emergency AD

98–08–11, which is applicable to certain

McDonnell Douglas Model MD–11 and

MD–11F series airplanes. That action

was prompted by a report indicating

that, while a McDonnell Douglas Model

MD–11 series airplane was on the

ground, fuel was found leaking from the

fuel feed pipe of the number 2 engine.

Investigation revealed that electrical

arcing between a pneumatic sense line

heater tape and the fuel feed pipe of the

number 2 engine caused a hole in the

pipe. As a result of this finding, the

operator inspected five additional

airplanes, of which one airplane was

found to have inadequate clearance

between the fuel feed pipe and the

pneumatic sense line heater tape. No

evidence of arcing or chafing was

detected. Such inadequate clearance, if

not corrected, could result in a hole in

the fuel feed pipe caused by electrical

arcing, and consequent fuel leakage and

possible ignition of the fuel vapors.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

McDonnell Douglas Alert Service

Bulletin MD11–36A030, dated April 2,

1998. The alert service bulletin

describes procedures for opening the

circuit breaker of the pneumatic sense

line heater tape, installing an

inoperative ring, and coiling and

stowing the electrical wire to the circuit

breaker of the pneumatic sense line

heater tape. (Accomplishment of the

above actions deactivates the pneumatic

sense line heater tape.) The alert service

bulletin also describes procedures for

performing an inspection to determine if

adequate clearance exists between the

fuel feed pipe and pneumatic sense

lines, and repositioning of the

pneumatic sense lines, if necessary.

Accomplishment of this inspection

eliminates the need for deactivation of

the pneumatic sense line heater tape.

Accomplishment of the actions

specified in the alert service bulletin is

intended to adequately address the

identified unsafe condition.

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 98–08–11 to

detect and correct inadequate clearance

between the fuel feed pipe and the

pneumatic sense line heater tape, which

could result in a hole in the fuel feed

pipe caused by electrical arcing, and

consequent fuel leakage and possible

ignition of the fuel vapors. The AD

requires opening the circuit breaker of

the pneumatic sense line heater tape,

installing an inoperative ring, and

coiling and stowing the electrical wire

to the circuit breaker of the pneumatic

sense line heater tape. This AD also

provides for an optional inspection to

determine if adequate clearance exists

between the fuel feed pipe and

pneumatic sense lines, and

repositioning of the pneumatic sense

lines, if necessary; which, if

accomplished, constitutes terminating

action for deactivation of the pneumatic

sense line heater tape. The actions are
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20067

required to be accomplished in

accordance with the alert service

bulletin previously described.

The FAA is considering further

rulemaking action to supersede this AD

to require accomplishment of the

optional terminating action currently

specified in this AD. However, the

proposed compliance time for

accomplishment of that action is

sufficiently long so that prior notice and

time for public comment will be

practicable.

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 on April 6, 1998, to all

known U.S. owners and operators of

certain McDonnell Douglas Model MD–

11 and MD–11F 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–126–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

adding the following new airworthiness

directive:

98–08–11 McDonnell Douglas: Amendment

39–10491. Docket 98–NM–126–AD.

Applicability: Model MD–11 and MD–11F

series airplanes, having manufacturer’s

fuselage numbers 0447 through 0552

inclusive, and 0554 through 0620 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 a hole in the fuel feed pipe of

the number 2 engine caused by electrical

arcing, and consequent fuel leakage and

possible ignition of the fuel vapors,

accomplish the following:

(a) Within 7 days after the effective date of

this AD, open the circuit breaker of the

pneumatic sense line heater tape, install an

inoperative ring, and coil and stow the

electrical wire to the circuit breaker of the

pneumatic sense line heater tape, in

accordance with Phase 1 of the

Accomplishment Instructions of McDonnell

Douglas Alert Service Bulletin MD11–

36A030, dated April 2, 1998.

Accomplishment of these actions deactivates

the pneumatic sense line heater tape.

Note 2: The pneumatic sense line heater

tape of the number 2 engine has been

deactivated. This deactivation may cause a

nuisance shutdown of the bleed air system of

the number 2 engine at top of descent.

(b) Accomplishment of the inspection to

determine if adequate clearance exists

between the fuel feed pipe and pneumatic

sense lines, and repositioning of pneumatic

sense lines, if necessary, in accordance with

Phase 2 of the Accomplishment Instructions

of McDonnell Douglas Alert Service Bulletin

MD11–36A030, dated April 2, 1998;

constitutes terminating action for the

deactivation of the pneumatic sense line

heater tape.

(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
20068 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

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) The actions shall be done in accordance

with McDonnell Douglas Alert Service

Bulletin MD11–36A030, dated April 2, 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

April 28, 1998, to all persons except those

persons to whom it was made immediately

effective by emergency AD 98–08–11, issued

on April 6, 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. 98–10774 Filed 4–22–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ASW–27]

Revision of Class E Airspace; Alice, TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revises the Class

E airspace at Alice, TX. The

development of a Global Positioning

System (GPS) Standard Instrument

Approach Procedure (SIAP) to runway

(RWY) 16 and 34 at Old Hoppe Place

Airport, Agua Dulce, TX, has made this

rule necessary. This action is intended

to provide adequate controlled airspace

extending upward from 700 feet or more

above the surface for Instrument Flight

Rules (IFR) operations at Old Hoppe

Place Airport, Agua Dulce, TX.

EFFECTIVE DATE: 0901 UTC, August 13,

1998.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Airspace Branch, Air

Traffic Division, Southwest Region,

Federal Aviation Administration, Fort

Worth, TX 76193–0520, telephone 817–

222–5593.

SUPPLEMENTARY INFORMATION:

History

On January 20, 1998, a proposal to

amend 14 CFR Part 71 to revise Class E

airspace at Alice, TX, was published in

the Federal Register (63 FR 2913). The

proposal was to revise the Class E

airspace at Alice, TX. The development

of a GPS SIAP to RWY 16 and 34 at Old

Hoppe Place Airport, Agua Dulce, TX,

has made this rule necessary. The

intended effect is to provide adequate

controlled airspace extending upward

from 700 feet or more above the surface

for IFR operations at Old Hoppe Place

Airport, Agua Dulce, TX.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments to the proposal were

received. The rule is adopted as

proposed. The coordinates for this

airspace docket are based on North

American Datum 83. Designated Class E

airspace areas are published in

Paragraph 6005 of FAA Order 7400.9E,

dated September 10, 1997, and effective

September 16, 1997, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the order.

The Rule

This amendment to 14 CFR Part 71

revises the Class E airspace located at

Alice, TX, to provide Class E airspace

extending upward from 700 feet above

the surface within a 6.3-mile radius of

the Old Hoppe Place Airport at Agua

Dulce, TX, excluding that airspace

within the Corpus Christi, TX, Class E

airspace area.

The FAA has determined that this

regulation only involves an established

body of technical regulations that need

frequent and routine amendments to

keep them operationally current. It

therefore: (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) does not warrant

preparation of a regulatory evaluation as

the anticipated impact is so minimal.

Since this is a routine matter that will

only affect air traffic procedures and air

navigation, it is certified that this rule

will not have a significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR Part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS [AMENDED]

1. The authority citation for 14 CFR

Part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASW TX E5 Alice, TX (Revised)

Alice International Airport, TX

(Lat. 27°44′27′′N., long. 98°01′38′′W.)

Orange Grove NALF, TX

(Lat. 27°54′04′′N., long. 98°03′06′′W.)

Navy Orange Grove TACAN

(Lat. 27°53′43′′N., long. 98°02′33′′W.)

Kingsville, Kleberg County Airport, TX

(Lat. 27°33′03′′N., long. 98°01′51′′W.)

Agua Dulce, Old Hoppe Place Airport, TX

(Lat. 27°48′01′′N., long. 97°51′04′′W.)

That airspace extending upward from 700

feet above the surface within a 7.5-mile

radius of Alice International Airport and

within 2 miles each side of the 135° bearing

from the airport extending from the 7.5-mile

radius to 9.8 miles southeast of the airport

and within a 7.2-mile radius of Orange Grove

NALF and within 1.6 miles each side of the

129° radial of the Navy Orange Grove

TACAN extending from the 7.2-mile radius

to 11.7 miles southeast of the airport and

within 1.5 miles each side of the 320° radial

of the Navy Orange Grove TACAN extending

from the 7.2-mile radius to 9.7 miles

northwest of the airport and within a 6.5-

mile radius of Kleberg County Airport and

within a 6.3-mile radius of Old Hoppe Place

Airport excluding that airspace within the

Corpus Christi, TX, Class E airspace area.

* * * * *