Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations 21977

That action proposed to require

installing a protective mechanical fuel

valve switch guard on the fuel valve

switch.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public. The FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed, except for editorial

changes.

The FAA estimates that 5,192

helicopters of U.S. registry will be

affected by this AD, that it will take

approximately 1 work hour per

helicopter to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost nothing for these helicopters

since the manufacturer is providing full

warranty compensation for the parts.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $311,520.

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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

95–09–06 Bell Helicopter Textron, Inc.:

Amendment 39–9209. Docket No. 91–

ASW–28.

Applicability: Model 206A, 206B, 206L,

206L–1, and 206L–3 helicopters, certificated

in any category.

Note 1: This AD applies to each helicopter

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

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (b) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the fuel valve switch from

being inadvertently placed in the ‘‘OFF’’

position, which could result in an engine

failure and a subsequent power-off landing,

accomplish the following:

(a) Within the next 50 hours time-inservice after the effective date of this

airworthiness directive (AD), modify the fuel

valve switch to add a protective mechanical

fuel valve switch guard as follows:

(1) For the Model 206A, serial numbers (S/

N) 1 through 153, modify in accordance with

Part I of the Accomplishment Instructions in

BHTI Alert Service Bulletin (ASB) No. 206–

90–54, dated May 31, 1990.

(2) For the Model 206A, S/N 154 through

660 and 672 through 715, and Model 206B,

S/N 661 through 671 and 716 through 913,

modify in accordance with Part II of the

Accomplishment Instructions in ASB No.

206–90–54, dated May 31, 1990.

(3) For the Model 206B, S/N 914 through

4069 and 4071 through 4074, modify in

accordance with Part III of the

Accomplishment Instructions in ASB No.

206–90–54, dated May 31, 1990.

(4) For the visual flight rule-equipped

Model 206L, S/N 45001 through 45153 and

46601 through 46617, Model 206L–1, S/N

45154 through 45790, and Model 206L–3, S/

N 51001 through 51319, modify in

accordance with Part I of the

Accomplishment Instructions in BHTI ASB

No. 206L–90–67, Revision A, dated August 5,

1991.

(5) For the Model 206L–1, S/N 45154

through 45790, and Model 206L–3, S/N

51001 through 51319, equipped with

instrument flight rule kit, part number 206–

705–001–101, installed per BHTI Service

Instructions No. 206–2030, modify in

accordance with Part II of the

Accomplishment Instructions in ASB No.

206L–90–67, Revision A, dated August 5,

1991.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used when approved by the Manager,

Rotorcraft Certification Office, FAA,

Rotorcraft Directorate. Operators shall submit

their requests through an FAA Principal

Maintenance Inspector, who may concur or

comment and then send it to the Manager,

Rotorcraft Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft 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 helicopter

to a location where the requirements of this

AD can be accomplished.

(d) The modification shall be done in

accordance with Bell Helicopter Textron, Inc.

ASB 206–90–54, dated May 31, 1990, and

ASB 206L–90–67, Revision A, dated August

5, 1991. 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 Bell Helicopter Textron, Inc., Attention:

Customer Support, P.O. Box 482, Fort Worth,

Texas 76101. Copies may be inspected at the

FAA, Office of the Assistant Chief Counsel,

2601 Meacham Blvd., Room 663, Fort Worth,

Texas; or at the Office of the Federal Register,

800 North Capitol Street, NW., suite 700,

Washington, DC.

(e) This amendment becomes effective on

June 8, 1995.

Issued in Fort Worth, Texas, on April 24,

1995.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 95–10589 Filed 5–3–95; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 95–NM–68–AD; Amendment

39–9213; AD 95–09–10]

Airworthiness Directives; McDonnell

Douglas Model DC–9–80 Series

Airplanes and Model MD–88 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.
21978 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain McDonnell

Douglas Model DC–9–80 series

airplanes and Model MD–88 airplanes.

This action requires an inspection to

detect chafing of or damage to the wire

bundle in the overhead switch panel of

the cockpit, application of spiral wrap

to the wire bundle, and corrective

actions, if necessary. This amendment is

prompted by reports of chafed and

shorted wires that resulted in smoke

emanating from the overhead switch

panel of the cockpit. The actions

specified in this AD are intended to

prevent the potential for fire and

uncontrolled smoke throughout the

cockpit as a result of chafing and

shorting in the electrical wire bundles.

DATES: Effective May 19, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 19,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

July 3, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

68–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from

McDonnell Douglas Corporation, P.O.

Box 1771, Long Beach, California

90801–1771, Attention: Business Unit

Manager, Technical Administrative

Support, Dept. L51, M.C. 2–98. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Los Angeles

Aircraft Certification Office, Transport

Airplane Directorate, 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: J.

Kirk Baker, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California

90712–4137; telephone (310) 627–5345;

fax (310) 627–5210.

SUPPLEMENTARY INFORMATION: Recently,

the FAA has received reports of smoke

emanating from the overhead switch

panel of the cockpit of Model DC–9–80

series airplanes and Model MD–88

airplanes. Investigation revealed that the

cause of the smoke may be attributed to

chafing of a wire bundle in the overhead

switch panel of the cockpit. This chafed

wire bundle made contact with the

electrical connector of the cabin

temperature indicator, which resulted in

a short circuit. This condition, if not

corrected, could result in the potential

for fire and uncontrolled smoke

throughout the cockpit.

The FAA has reviewed and approved

McDonnell Douglas DC–9 Alert Service

Bulletin DC9–24A157, dated April 11,

1995, which describes procedures for a

one-time visual inspection to detect

chafing of the wire bundle in the

overhead switch panel of the cockpit,

application of spiral wrap, repair of

chafed wire insulation, and splicing of

damaged wires. The effectivity listing of

this service bulletin includes certain

Model DC–9, DC–9–80, and C–9

(military) series airplanes, and Model

MD–88 airplanes. This service bulletin

recommends a compliance time of 6

months.

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 the potential for fire and

uncontrolled smoke throughout the

cockpit. This AD requires a one-time

visual inspection to detect chafing of or

damage to the wire bundle in the

overhead switch panel of the cockpit,

application of spiral wrap to the wire

bundle, repair of chafed wire insulation,

and splicing of damaged wires. The

actions are required to be accomplished

in accordance with the service bulletin

described previously.

Operators should note that, although

the service bulletin recommends that

the inspection be performed within 6

months, this AD requires that it be

performed within 90 days. In light of the

consequences of fire or smoke in the

cockpit, the FAA finds that the 90-day

compliance time is appropriate to

ensure the safety of this group of

airplanes.

This AD does not apply to Model DC–

9 and C–9 (military) series airplanes

because the wires/wire bundles on these

airplanes are manufactured of a stronger

material than those on Model DC–9–80

series airplanes and Model MD–88

airplanes, and are therefore less

susceptible to the subject damage.

Additionally, this AD does not apply to

Model MD–90–30 series airplanes.

Since these airplanes are relatively new,

the FAA does not anticipate that the

wire bundles on these airplanes would

be chafed as severely as those on the

Model DC–9 series airplanes, which

have been in service for a much longer

period of time. Further, the reported

incidents of smoke in the cockpit

occurred only on Model DC–9–80 series

airplanes and Model MD–88 airplanes.

Therefore, the FAA is considering

further rulemaking action to revise this

AD to require modification of the wire

bundles on Model DC–9–80 series

airplanes and Model MD–88 airplanes.

However, the proposed compliance time

for the modification is sufficiently long

so that notice and time for public

comment would not be impracticable.

This is considered to be interim

action. The manufacturer has advised

that it currently is developing a

modification that will positively address

the unsafe condition addressed by this

AD. Once this modification is

developed, approved, and available, the

FAA may consider additional

rulemaking.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been included in this rule to clarify this

long-standing requirement.

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
Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations 21979

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 95–NM–68–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 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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–09–10 McDonnell Douglas: Amendment

39–9213. Docket 95–NM–68–AD.

Applicability: Model DC–9–80 series

airplanes and Model MD–88 airplanes; as

listed in McDonnell Douglas DC–9 Alert

Service Bulletin DC9–24A157, dated April

11, 1995; 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 use the authority

provided in paragraph (b) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the potential for fire and

uncontrolled smoke throughout the cockpit,

accomplish the following:

(a) Within 90 days after the effective date

of this AD, perform a visual inspection to

detect chafing of or damage to the wire

bundle in the overhead switch panel of the

cockpit, in accordance with McDonnell

Douglas Alert Service Bulletin DC9–24A157,

dated April 11, 1995.

(1) If no chafing or damage is detected,

prior to further flight, apply spiral wrap to

the wire bundle in accordance the alert

service bulletin.

(2) If the wire insulation is chafed, prior to

further flight, repair it and then apply spiral

wrap to the wire bundle, in accordance with

the alert service bulletin.

(3) If the wire conductor is damaged, prior

to further flight, splice the wires and then

apply spiral wrap to the wire bundle, in

accordance with the alert service bulletin.

(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 Maintenance

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) The inspection, application of spiral

wrap, repair, and splicing shall be done in

accordance with McDonnell Douglas Alert

Service Bulletin DC9–24A157, dated April

11, 1995. 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 McDonnell Douglas Corporation, P.O.

Box 1771, Long Beach, California 90801–

1771, Attention: Business Unit Manager,

Technical Administrative Support, Dept.

L51, M.C. 2–98. Copies may be inspected at

the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Los Angeles

ACO, Transport Airplane Directorate, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(h) This amendment becomes effective on

May 19, 1995.

Issued in Renton, Washington, on April 25,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10588 Filed 5–3–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–ANE–14; Amendment 39–

9211; AD 95–09–08]

Airworthiness Directives; McCauley

Model 2A37C223/90RB Propellers

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to McCauley Model

2A37C223/90RB propellers. This action

requires installation of internal steel

components, replacement of a balance

ring, replacement of cylinder mounting

screws, and modification to an oil-filled

configuration with red dye.

Replacement of the identified

components redistributes propeller

weight while the red dye oil-filling

provides an ‘‘on-condition’’ (in-service)