Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21041

Dated: April 21, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–10548 Filed 4–28–95; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–54–AD; Amendment

39–212; AD 95–09–09]

Airworthiness Directives; McDonnell

Douglas Model DC–8–60 Series

Airplanes Equipped With Engines

Modified by Burbank Aeronautical

Corporation II (BAC II) in Accordance

With Supplemental Type Certificate

(STC) SA4892NM or SA5455NM

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 DC–8–60 series

airplanes. This action requires

inspection to determine the part number

of the cone bolt on the right side of the

forward mount of each engine, and

replacement of the bolt, if necessary.

This amendment is prompted by a

report of failure of a cone bolt at that

location on an engine of one airplane.

The actions specified in this AD are

intended to prevent failure of the cone

bolt on the right side of the forward

mount of the engine, which may lead to

separation of the engine during a critical

phase of flight.

DATES: Effective May 16, 1995.

Comments for inclusion in the Rules

Docket must be received on or before

June 30, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

54–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Information concerning this

amendment may be obtained from or

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.

FOR FURTHER INFORMATION CONTACT:

David Y. J. Hsu, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712; telephone (310) 627–

5323; fax (310) 627–5210.

SUPPLEMENTARY INFORMATION: Recently,

the FAA received a report of failure of

a cone bolt on the right side of the

forward mount of an engine on a

McDonnell Douglas Model DC–8–60

series airplane. Investigation revealed

that corrosion pitting at the base of the

bolt thread caused the cone bolt to fail.

Further investigation indicated that this

cone bolt, BAC II part number (P/N)

DC–8–21005–7, was re-manufactured

from a 15-year-old bolt. This bolt had

accumulated 3,526 flight hours since it

had been installed on the engine, which

was modified by Burbank Aeronautical

Corporation II (BAC II) in accordance

with Supplemental Type Certificate

(STC) SA4892NM. This condition, if not

corrected in a timely manner, could

result in failure of the cone bolt on the

right side of the forward mount of the

engine, which may lead to separation of

the engine during a critical phase of

flight.

Since both STC’s SA4892NM and

SA5455NM specify the same cone bolts,

the FAA has determined that the subject

unsafe condition is likely to exist or

develop on all Model DC–8–60 series

airplanes equipped with engines

modified by BAC II in accordance with

either STC. The FAA finds that the

differences in design and materials used

to manufacture cone bolts having Barry

Controls part number, P/N 96013–1,

make them less susceptible to corrosion.

Therefore, the FAA has determined that

cone bolts having BAC II part number,

DC–8–21005–7, must be replaced with

cone bolts having the Barry Controls

part number.

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 failure of the cone bolt on the

right side of the forward mount of the

engine, which may lead to separation of

the engine during a critical phase of

flight. This AD requires a one-time

inspection to determine the part number

of the cone bolt on the right side of the

forward mount of the engine, and

replacement of certain cone bolts having

BAC II part numbers with cone bolts

having Barry Controls part numbers.

This AD also requires that operators

submit a report to the FAA of the

findings of discrepant bolts.

This is considered to be interim

action until such time that all cone bolts

having BAC II part numbers have been

removed from the fleet and the FAA has

accounted for all cone bolts having BAC

II part numbers. The information from

the required reports from operators will

enable the FAA to account for those

cone bolts and to determine if

additional rulemaking action is

warranted.

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 95–NM–54–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,
21042 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

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, 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:

95–09–09 McDonnell Douglas: Amendment

39–212. Docket 95–NM–54–AD.

Applicability: Model DC–8–61, –62, –62F,

–63, and –63F airplanes equipped with an

engine modified by Burbank Aeronautical

Corporation II (BAC II) in accordance with

Supplemental Type Certificate (STC)

SA4892NM or SA5455NM, 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 (d) 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 failure of the cone bolt on the

right side of the forward mount of the engine,

which may lead to separation of the engine

during a critical phase of flight, accomplish

the following:

(a) Within 90 days after the effective date

of this AD, perform an inspection to

determine the part number (P/N) of the cone

bolt on the right side of the forward mount

of each of the four engines.

(1) If the cone bolt has Barry Controls P/

N 96013–1, no further action is required by

this AD.

(2) If the cone bolt does not have Barry

Controls P/N 96013–1, prior to further flight,

remove it and install a cone bolt having Barry

Controls P/N 96013–1, in accordance with

either STC SA4892NM or SA5455NM.

Note 2: Intervals for repetitive inspections

and replacements of life-limited cone bolts

having Barry Controls P/N 96013– are

specified in STC’s SA4892NM and

SA5455NM.

(b) Within 10 days after replacing a cone

bolt in accordance with the requirements of

paragraph (a)(2) of this AD, submit a report

that includes the information contained in

paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of

this AD, to the Manager, Los Angeles Aircraft

Certification Office (ACO), 3960 Paramount

Boulevard, Lakewood, California 90712;

telephone (310) 627–5323; fax (310) 627–

5210. Information collection requirements

contained in this regulation have been

approved by the Office of Management and

Budget (OMB) under the provisions of the

Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.) and have been assigned OMB

Control Number 2120–0056.

(1) Series and fuselage serial number of

Model DC–8 series airplane.

(2) Total time and number of cycles on the

engine since installation of the engine

modified by BAC II in accordance with STC

SA4892NM or SA5455NM.

(3) Number of bolts identified having BAC

II P/N DC–8–21005–7.

(4) Number of bolts destroyed having BAC

P/N DC–8–21005–7.

(c) As of the effective date of this AD, no

person shall install, on any airplane, a cone

bolt having BAC II P/N DC–8–21005–7 on

right side of the forward mount of the engine.

(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, Los

Angeles 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.

(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) This amendment becomes effective on

May 16, 1995.

Issued in Renton, Washington, on April 25,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10586 Filed 4–28–95; 8:45 am]

BILLING CODE 4910–13–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

14 CFR Part 1245

Patents and Other Intellectual Property

Rights

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: NASA is amending 24 CFR

part 1245 by removing Subpart 2,

‘‘Licensing of NASA Inventions.’’ The

Department of Commerce has issued

similar regulations which prescribe the

terms, conditions, and procedures upon

which a federally-owned invention may

be licensed. These regulations are

codified at 37 CFR Part 404, ‘‘Licensing

of Government-Owned Inventions.’’

NASA began granting licenses in

accordance with the Department of

Commerce regulations on March 13,

1995. All licenses agreements executed

prior to this date will operate under the

previous regulations.

EFFECTIVE DATE: March 13, 1995.

FOR FURTHER INFORMATION CONTACT:

John G. Mannix, 202–358–2424.

List of Subjects in 14 CFR Part 1245

Authority delegations (Government

agencies), Inventions and patents.

Under the authority, 42 U.S.C. 2473,

14 CFR Part 1245 is amended as follows:

PART 1245—[AMENDED]

Subpart 2—[Removed and Reserved]

In 14 CFR Part 1245, Subpart 2

(consisting of SS 1245.200 through

1245.214) is removed and reserved.

Dated: April 24, 1995.

Edward A. Frankle,

General Counsel.

[FR Doc. 95–10583 Filed 4–28–95; 8:45 am]

BILLING CODE 7510–01–M