21774 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

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:

Construcciones Aeronauticas, S.A. (CASA):

Docket 92–NM–75–AD.

Applicability: All Model C–212–CB, –CC,

–CD, –CE, –CF, and –DF series airplanes,

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 (e) 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

reduced structural integrity of the airplane,

accomplish the following:

(a) For Model C–212–CB series airplanes:

Prior to the accumulation of 16,500 total

hours time-in-service, or within 6 months

after the effective date of this AD, whichever

occurs later, replace the horizontal stabilizer

to fuselage attach fittings, part numbers 212–

31101.05 and 212–31102.05, with part

numbers 212–31122.03 and 212–31123.05,

respectively, in accordance with the CASA

C–212 Aircraft Maintenance Manual, Chapter

5, Section 5–20, task number 55.15.

Note 2: Replacement of the attach fittings

on Model C–212–CB series airplanes may be

accomplished by replacing part numbers

212–31101.05 and 212–31102.05 with part

numbers 212–31123.30 and 212–31122.29,

respectively.

(b) For all airplanes: Incorporate a revision

into the FAA-approved maintenance

inspection program that provides for

inspection of the Principal Structural

Elements (PSE) defined in CASA

Supplemental Inspection Document (SID) C–

212–PV–01–SID, dated June 1, 1987

(hereinafter referred to as the ‘‘Document’’),

at the later of the times specified in

paragraphs (b)(1) and (b)(2) of this AD.

(1) Prior to the accumulation of 20,000

total landings or 20,000 total hours time-inservice, whichever occurs first. Or

(2) Within 9 months after the effective date

of this AD.

(c) Any cracked structure detected during

the inspections required by paragraph (b) of

this AD must be repaired or replaced, prior

to further flight, in accordance with the

instructions in the Document, or in

accordance with other data meeting the

certification basis of the airplane that is

approved by the FAA or by the Direccio ́n

General de Aviacio ́n Civil (DGAC).

(d) Within 10 days after accomplishing

each inspection required by paragraph (b) of

this AD, report the results (positive or

negative) of each inspection required by

paragraph (b) of this AD to CASA in

accordance with the Document. 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.

(e) 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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(f) 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.

Issued in Renton, Washington, on April 27,

1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10828 Filed 5–2–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–35–AD]

Airworthiness Directives; Boeing

Model 727–100 and –200 Series

Airplanes Equipped With an Engine

Nose Cowl Installed in Accordance

With Supplemental Type Certificate

(STC) SA4363NM

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Boeing Model 727–100 and –200

series airplanes. This proposal would

require replacing the attachin–nutplates

on certain engine nose cowls with

washers and self-locking nuts. This

proposal is prompted by reports

indicating that nose cowls separated (or

nearly separated) from the engines of

certain airplanes following failure of the

engine fan blade and subsequent

vibration of the engine, which caused

loosening of the attach bolts on the nose

cowl of the engine. The actions

specified by the proposed AD are

intended to prevent the attach bolts

from becoming loose, which could

result in subsequent separation of the

nose cowl from the engine.

DATES: Comments must be received by

June 12, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

35–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

The service information referenced in

the proposed rule may be obtained from

VALSAN Partnership Ltd., Aviation

Products Management, Product Support

Office, 39450 Third Street East, suite

121, Palmdale, California 93550. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT: Phil

Forde, Aerospace Engineer, Airframe

Branch, ANM–120S, FAA, Transport

Airplane Directorate, Seattle Aircraft

Certification Office, 1601 Lind Avenue

SW., Renton, Washington 98055–4056;

telephone (206) 227–2771; fax (206)

227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 21775

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal 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 95–NM–35–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

95–NM–35–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA received reports from three

operators of McDonnell Douglas Model

DC–9–80 series airplanes indicating that

a nose cowl separated from the engine

of the airplane. In addition, the FAA

received one report indicating that the

nose cowl nearly separated from an

airplane equipped with a Pratt &

Whitney JT8D–200 series engine. These

incidents occurred following severe

vibration of the engine due to failure of

the engine fan blade. Such vibration of

the engine could cause the attach bolts

on the nose cowl of the engine to

become loose. This condition, if not

corrected, could result in separation of

the nose cowl from the engine of the

airplane.

On December 2, 1994, the FAA issued

AD 94–25–06, amendment 39–9090 (59

FR 64566, December 15, 1994), to

address this unsafe condition on

McDonnell Douglas Model DC–9–80

series airplanes and Model MC–88

airplanes. Subsequently, the FAA has

determined that certain Boeing Model

727–100 and –200 series airplanes are

equipped with an engine nose cowl

installed in accordance with

Supplemental Type Certificate (STC)

SA4363NM, which is identical to the

engine nose cowl installed on the

McDonnell Douglas airplanes affected

by AD 94–25–06. Therefore, the FAA

has determined that these Boeing Model

727–100 and –200 series airplanes also

are subject to the addressed unsafe

condition.

The FAA has reviewed and approved

VALSAN B727–RE Service Bulletin 71–

006, Revision 1, dated March 3, 1995,

which describes procedures for

replacing the attaching nutplates of the

No. 1 and No. 3 engine nose cowls with

washers and self-locking nuts. The

replacement involves removing the

attaching nutplates from the No. 1 and

No. 3 engine nose cowls, reversing the

installation direction of the attach bolt,

installing washers and self-locking nuts

in place of the removed nutplates, and

increasing bolt torque values.

Accomplishment of this replacement

will minimize the possibility of the

attach bolts becoming loose as a result

of severe engine vibration, thereby

minimizing the possibility of the nose

cowl separating from the engine.

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

require replacing the attaching nutplates

on certain engine nose cowls with

washers and self-locking nuts. The

actions would be required to be

accomplished in accordance with the

service bulletin described previously.

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 notice to clarify

this long-standing requirement.

There are approximately 22 Model

727–100 and –200 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 19 airplanes of

U.S. registry would be affected by this

proposed AD, that it would take

approximately 6 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. The cost for

required parts would be negligible.

Based on these figures, the total cost

impact of the proposed AD on U.S.

operators is estimated to be $6,840, or

$360 per airplane.

The total cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Boeing: Docket 95–NM–35–AD.

Applicability: Model 727–100 and –200

series airplanes equipped with an engine

nose cowl installed in accordance with

Supplemental Type Certificate (STC)

SA4363NM, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been
21776 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

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 (c) 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 attach bolts on the nose

cowl of the engine from becoming loose, and

subsequent separation of the nose cowl from

the engine, accomplish the following:

(a) Within 12 months after the effective

date of this AD, replace the attaching

nutplates of the No. 1 and No. 3 engine nose

cowls with washers and self-locking nuts in

accordance with VALSAN B727–RE Service

Bulletin 71–006, Revision 1, dated March 3,

1995.

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

person shall install a nose cowl having part

number 259–0002–501 or 259–0002–503 on

any airplane.

(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, Seattle

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, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle 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.

Issued in Renton, Washington, on April 27,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10829 Filed 5–2–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 94–ASO–20]

Proposed Alteration and

Establishment of VOR Federal

Airways; Florida

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

modify several existing airways and

establish a new Federal Airway V–601,

in the Miami, FL, area. This proposed

action is necessary because of the

decommissioning of the Miami, FL,

Very High Frequency Omnidirectional

Range and Tactical Air Navigation

(VORTAC) and the commissioning of

the Dolphin, FL, VORTAC.

DATES: Comments must be received on

or before June 16, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air

Traffic Division, ASO–500, Docket No.

94–ASO–20, Federal Aviation

Administration, P.O. Box 20636,

Atlanta, GA 30320.

The official docket may be examined

in the Rules Docket, Office of the Chief

Counsel, Room 916, 800 Independence

Avenue SW., Washington, DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m.

An informal docket may also be

examined during normal business hours

at the office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT:

Patricia P. Crawford, Airspace and

Obstruction Evaluation Branch (ATP–

240), Airspace-Rules and Aeronautical

Information Division, Air Traffic Rules

and Procedures Service, Federal

Aviation Administration, 800

Independence Avenue SW.,

Washington, DC 20591; telephone: (202)

267–9255.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 94–

ASO–20.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket both

before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–220, 800 Independence

Avenue, SW., Washington, DC 20591, or

by calling (202) 267–3485.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

establish Federal Airway V–601 and to

modify various Federal airways in the

Miami, FL, area. Establishing this

airway and amending the existing

airways are necessary because of the

commissioning of a new navigational

aid, Dolphin VORTAC, to replace the

Miami VORTAC. The Dolphin VORTAC

will serve the south Florida area once

the Miami VORTAC has been

decommissioned. Domestic VOR

Federal airways are published in

paragraph 6010(a) of FAA Order

7400.9B dated July 18, 1994, and

effective September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Domestic VOR Federal

airways listed in this document would

be published subsequently in the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary 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.