38464 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

that is applicable to certain Dornier

Model 328–100 series airplanes was

published in the Federal Register on

May 20, 1998 (63 FR 27690). That action

proposed to require replacing the

existing roll spoiler control rods with

improved parts.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 50 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 3

work hours per airplane to accomplish

the required replacement, and that the

average labor rate is $60 per work hour.

Required parts will be provided by the

manufacturer at no cost to the operators.

Based on these figures, the cost impact

of the replacement required by this AD

on U.S. operators is estimated to be

$9,000, or $180 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

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.

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:

98–15–11 Dornier Luftfahrt GMBH:

Amendment 39–10662. Docket 98–NM–

133–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3047

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 (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 bending stress to the fork end

of the roll spoiler, which could result in

failure of the roll spoiler and consequent

reduced controllability of the airplane,

accomplish the following:

(a) Within 4 months after the effective date

of this AD, replace the existing roll spoiler

control rods on the right and left sides of the

airplane with improved parts, in accordance

with Dornier Service Bulletin SB–328–27–

247, Revision 1, dated February 19, 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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their request 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.

(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.

(d) The replacement shall be done in

accordance with Dornier Service Bulletin

SB–328–27–247, Revision 1, dated February

19, 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 Fairchild Dornier, Dornier Luftfahrt

GmbH, P.O. Box 1103, D–82230 Wessling,

Germany. 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 German airworthiness directive 1998–042,

dated January 29, 1998.

(e) This amendment becomes effective on

August 21, 1998.

Issued in Renton, Washington, on July 8,

1998.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–18773 Filed 7–16–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–209–AD; Amendment

39–10665; AD 98–15–14]

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 supersedes

an existing airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model MD–11 series airplanes,

that currently requires a revision of the

Airplane Flight Manual (AFM) to alert

the flightcrew that both flight

management computers (FMC’s) must

be installed and operational. That AD

also requires an inspection to determine

the serial number of the FMC’s; and
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38465

follow-on corrective actions, if

necessary, which terminate the AFM

revision. That amendment was

prompted by a report indicating that,

due to incorrect multiplexers that were

installed in the FMC’s during

production, certain data busses failed

simultaneously during a ground test.

This amendment removes the

terminating action from the existing AD.

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 August 3, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

September 15, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

209–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Information pertaining to this

rulemaking action 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.

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: On April

28, 1998, the FAA issued AD 98–10–01,

amendment 39–10512 (63 FR 24742,

May 5, 1998), applicable to certain

McDonnell Douglas Model MD–11

series airplanes. That AD requires a

revision of the Airplane Flight Manual

(AFM) to alert the flightcrew that both

flight management computers (FMC’s)

must be installed and operational. That

AD also requires an inspection to

determine the serial number of the

FMC’s, and follow-on corrective actions,

if necessary; which terminate the AFM

revision. That action was prompted by

a report indicating that, due to incorrect

multiplexers that were installed in the

FMC’s during production, certain data

busses failed simultaneously during a

ground test. The actions required by that

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.

Actions Since Issuance of Previous Rule

The existing AD requires terminating

action for only a small subgroup of

affected airplanes (those with FMC

multiplexers having certain part

numbers). However, since the issuance

of that AD, additional defective

multiplexers (not previously identified)

have been found.

Airplanes having affected FMC’s that

have been purged of suspected defective

multiplexers, in compliance with AD

98–10–01, would be considered

airworthy. However, FMC’s or

mutliplexes may have been exchanged

or replaced during routine maintenance

subsequent to compliance with AD 98–

10–01, and it would be impossible to

determine whether units inspected in

accordance with that AD may now

contain suspected defective

multiplexers. Therefore, the AFM

revision will continue to be required

until the entire fleet can be

systematically inspected for suspected

defective multiplexers. The AFM

revision requirement will ensure the

continued safe operation of the entire

fleet during this interim period.

The AFM revision currently required

by the existing AD, and retained in this

new action, requires that both FMC’s be

installed and operational. The identified

unsafe condition could not occur unless

both FMC’s fail. Therefore, the FAA

finds that the AFM limitation

adequately addresses the identified

unsafe condition.

Interim Action

This is considered to be interim

action. The FAA may consider further

rulemaking to require inspection of all

MD–11 FMC’s to detect defective

multiplexers. However, the compliance

time under consideration for these

actions is sufficiently long so that notice

and opportunity for prior public

comment will be practicable.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of this same

type design, this AD supersedes AD 98–

10–01 to continue to require an AFM

revision to alert the flightcrew that both

FMC’s must be installed and

operational. In addition, this AD

removes the terminating action required

by AD 98–10–01.

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–209–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.
38466 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

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

removing amendment 39–10512 (63 FR

24742, May 5, 1998), and by adding a

new airworthiness directive (AD),

amendment 39–10665, to read as

follows:

98–15–14 McDonnell Douglas: Amendment

39–10665. Docket 98–NM–209–AD.

Supersedes AD 98–10–01, amendment

39–10512.

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 (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 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, accomplish the

following:

(a) Within 5 days after May 20, 1998 (the

effective date of AD 98–10–01, amendment

39–10512), 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) 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 Operations

Inspector, who may add comments and then

send it to the Manager, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(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.

(d) This amendment becomes effective on

August 3, 1998.

Issued in Renton, Washington, on July 10,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–19044 Filed 7–16–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AWP–14]

Revision of Class D and Establishment

of Class E Airspace; Yuma MCAS–

Yuma International Airport, AZ;

Correction

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of

effective date and correction.

SUMMARY: This document confirms the

effective date of a direct final rule which

amends the Class D airspace area

operating times and establishes a Class

E airspace surface area at Yuma MCASYuma International Airport, AZ; and

corrects the Class E airspace legal

description, as published in the direct

final rule.

DATES: The direct final rule published in

63 FR 30125 is effective on 0901 UTC,

August 13, 1998. This correction is

effective on August 13, 1998.

FOR FURTHER INFORMATION CONTACT:

Debra Trindle, Air Traffic Division,

Airspace Branch, AWP–520.10, Federal

Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261; telephone: (310) 725–

6613.

SUPPLEMENTARY INFORMATION: On June 3,

1998, the FAA published in the Federal

Register a direct final rule; request for

comments which amended the

operating times of the Class D airspace

area and established a Class E airspace

surface area at Yuma MCAS-Yuma

International Airport, Yuma, AZ. (FR

Document 98–14757, 63 FR 30125,

Airspace Docket No. 98–AWP–14). An

error was subsequently discovered in

the legal description of the Class E

airspace surface area. The Class E

surface area description specifies an

altitude stratum from the surface up to

and including 2,700 feet MSL. Defined

altitudes are not a required or

appropriate definition for Class E

airspace surface areas in accordance

with FAA Order 7400.2D, Procedures

for Handling Airspace Matters and FAA

Order 7400.9E, Airspace Designations

and Reporting Points. After careful

review of all available information

related to the subject present above, the

FAA has determined that air safety and

the public interest require adoption of

the rule. The FAA has determined that

this correction will not change the

meaning of the action nor add any

additional burden on the public beyond

that already published. This action

corrects the error and confirms the

effective date of the direct final rule.

The FAA uses the direct final

rulemaking procedure for a

noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

August 13, 1998. No adverse comments

were received, and thus this document

confirms that this direct final rule will

become effective on that date.