Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations 22501

corrected, could result in loss of control of

the glider, accomplish the following:

(a) Visually inspect the wing spar for wood

rot in accordance with either Action

Paragraphs 1.1 through 1.3 of Alexander

Schleicher ASW–12 Technical Note (TN) No.

4, dated May 10, 1989; Action Paragraphs

1.1, 1.2, and 2.1 of Alexander Schleicher

ASW–15 TN No. 23, dated April 21, 1988; or

Action Paragraphs 1.1 and 1.2 of Alexander

Schleicher ASW–17 TN No. 12, dated May 8,

1989, as applicable.

(b) Mark and send wood cores obtained

through the inspection specified in paragraph

(a) of this AD to a mycology laboratory for

microscopical inspection to detect heavy

wood destroying fungal infestation in

accordance with either Action Paragraph 1.3

of Alexander Schleicher ASW–12 TN No. 4,

dated May 10, 1989; Action Paragraph 2.1 of

Alexander Schleicher ASW–15 TN No. 23,

dated April 21, 1988; or Action Paragraph 1.2

of Alexander Schleicher ASW–17 TN No. 12,

dated May 8, 1989, as applicable.

(c) If moisture damage, swelling, evidence

that water has penetrated into the spar fork,

or fungal infestation is found, prior to further

flight after the inspection required by

paragraph (a) of this AD, accomplish the

following:

(1) Wait for the results of the microscopical

examination and then obtain a repair scheme

from the manufacturer through the Manager,

Small Airplane Directorate, at the address

specified in paragraph (g) of this AD, and

incorporate this repair scheme.

(2) Apply preservative, strengthen the

inspection hole area, and close the hole in

accordance with either Action Paragraph 1.4

of Alexander Schleicher ASW–12 TN No. 4,

dated May 10, 1989; Action Paragraph 2.2 of

Alexander Schleicher ASW–15 TN No. 23,

dated April 21, 1988; or Action Paragraph 1.3

of Alexander Schleicher ASW–17 TN No. 12,

dated May 8, 1989, as applicable.

(d) If no moisture damage, swelling,

evidence that water has penetrated into the

spar fork, or fungal infestation is found,

accomplish the following:

(1) Prior to further flight after the

inspection required by paragraph (a) of this

AD, apply preservative, strengthen the

inspection hole area, and close the hole in

accordance with either Action Paragraph 1.4

of Alexander Schleicher ASW–12 TN No. 4,

dated May 10, 1989; Action Paragraph 2.2 of

Alexander Schleicher ASW–15 TN No. 23,

dated April 21, 1988; or Action Paragraph 1.3

of Alexander Schleicher ASW–17 TN No. 12,

dated May 8, 1989, as applicable.

(2) Operation of the glider during the

microscopical examination of the wood core

is permitted. However, if these examination

results reveal heavy wood destroying fungal

infestation, prior to further flight after

receiving the results, obtain a repair scheme

from the manufacturer through the Manager,

Small Airplane Directorate, at the address

specified in paragraph (g) of this AD, and

incorporate this repair scheme.

(e) The inspection requirements specified

in paragraphs (a) through (c) of this AD,

excluding the wood core microscopical

examination requirements, shall be

accomplished annually on or before the last

day of the 12th calendar month after the last

inspection.

(f) 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 glider to a location

where the requirements of this AD can be

accomplished.

(g) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Small Airplane Directorate, Aircraft

Certification Service, FAA, 1201 Walnut,

suite 900, Kansas City, Missouri 64106. The

request shall be forwarded through an

appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(h) The inspections required by this AD

shall be done in accordance with either

Alexander Schleicher ASW–12 Technical

Note No. 4, dated May 10, 1989; Alexander

Schleicher ASW–15 Technical Note No. 23,

dated April 21, 1988; or Alexander

Schleicher ASW–17 Technical Note No. 12,

dated May 8, 1989, as applicable. 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

Alexander Schleicher GmbH & Company, D–

36163, Popppenhausen-Wasserkuppe,

Germany; or Eastern Sailplane, Heath Stage

Route Shelburne Falls, Massachusetts 01370.

Copies may be inspected at the FAA, Central

Region, Office of the Assistant Chief Counsel,

Room 1558, 601 E. 12th Street, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(i) This amendment (39–9216) supersedes

AD 88–11–05, Amendment 39–5997.

(j) This amendment (39–9216) becomes

effective on June 9, 1995.

Issued in Kansas City, Missouri, on April

26, 1995.

Henry Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 95–10831 Filed 5–5–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–73–AD; Amendment

39–9218; AD 95–10–01]

Airworthiness Directives; Raytheon

Model Hawker 1000 and BAe 125–

1000A Series Airplanes

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 Raytheon Model

Hawker 1000 and BAe 125–1000A series

airplanes. This action requires

inspections to detect various

discrepancies of the fuel hose

assemblies on the auxiliary power unit

(APU), and correction of any

discrepancy found. This amendment is

prompted by several reports of heat

damage to the fuel hose assembly on the

APU. The actions specified in this AD

are intended to prevent failure of a fuel

hose due to heat damage caused by

incorrect routing or bleed air leakage;

such failure could result in a

malfunction of the APU, a fuel fire in

the fuselage rear equipment bay, and

reduced structural integrity of the

surrounding structure.

DATES: Effective May 23, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 23,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

July 7, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

73–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Raytheon

Corporate Jets, Inc., Customer Support

Department, Adams Field, P.O. Box

3356, Little Rock, Arkansas 72203. This

information may be examined 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.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2148; fax (206) 227–1320.

SUPPLEMENTARY INFORMATION: The Civil

Aviation Authority (CAA), which is the

airworthiness authority for the United

Kingdom, recently notified the FAA that

an unsafe condition may exist on certain

Raytheon Model Hawker 1000 and BAe

125–1000A series airplanes. The CAA

advises that it has received recent

reports of heat damage to the fuel feed

hose assemblies on the auxiliary power

unit (APU) installed on several Model

BAe 125–1000A airplanes. In one case,

the outer sheath was charred due to a

suspected leak of the bleed air. In

another case, while performing a preflight inspection, the flight crew found
22502 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

a fuel hose that was damaged by heat.

Subsequently, an inspection of ten more

airplanes revealed five airplanes with

hoses damaged by heat. These airplanes

had accumulated between 540 and

1,054 total hours time-in-service.

Failure of a fuel hose, if not corrected,

could result in a malfunction of the

APU, a potential fuel fire in the fuselage

rear equipment bay, and reduced

structural integrity of the surrounding

structure.

The subject assemblies installed on

Model BAe 125–1000A series airplanes

are similar to those installed on Model

Hawker 1000 series airplanes.

Therefore, both airplane models are

subject to this same unsafe condition.

Raytheon has issued Service Bulletin

SB 49–44, dated January 20, 1995,

which describes procedures for a visual

inspection of both fuel hose assemblies

(inlet and outlet from the fuel pump

box) on the APU to detect certain

discrepancies, as follows:

1. Signs of overheating of hose

assemblies (scorching or discoloration);

2. Correct routing of the fuel feed hose

assembly on the APU;

3. Minimum clearance of 0.5 inch

between the hose assembly and the lefthand mixer valve/left-hand main air

valve assemblies and associated hot air

ducting;

4. Signs of leakage of bleed air from

the left-hand mixer valve and/or lefthand main air valve and bellows; and

5. Correct positioning of the air leak

detection system elements adjacent to

the left-hand main air valve and mixer

valve flange (including the auxiliary air

supply branch).

These airplane models are

manufactured in the United Kingdom

and is type certificated for operation in

the United States under the provisions

of § 21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD is being issued to

prevent failure of a fuel feed hose

assembly on the APU, which could

result in a malfunction of the APU, a

potential fuel fire the fuselage rear

equipment by, and reduced structural

integrity of the surrounding structure.

This AD requires inspections to detect

discrepancies of the fuel feed hose

assemblies on the APU; inspection for

proper positioning of the rear

equipment bay air leak detection

system; inspection of the bleed air

system for signs of leakage; and, under

certain conditions, repetitive

inspections of one hose assembly to

detect discoloration of that assembly.

This AD also requires the correction of

any discrepancies found during the

inspections. The actions are required to

be accomplished in accordance with the

service bulletin described previously.

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–73–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:

95–10–01 Raytheon Corporate Jets, Inc.

(Formerly de Havilland; Hawker

Siddeley; British Aerospace, plc):

Amendment 39–9218. Docket 95–NM–

73–AD.

Applicability: Model Hawker 1000 and

BAe 125–1000A series airplanes, post

modification 259722C, certificated in any

category.
Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations 22503

1Streamlining of Regulations Pertaining to Parts

II and III of the Federal Power Act and the Public

Utility Regulatory Policies Act of 1978, Order No.

575, 60 FR 4831 (Jan. 25, 1995); III FERC Stats. &

Regs., Regulations Preambles ¶ 31,014 (1995).

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 failure of a fuel hose assembly

on the auxiliary power unit (APU), which

could result in a malfunction of the APU, a

potential fuel fire in the fuselage rear bay,

and reduced structural integrity of the

surrounding structure, accomplish the

following:

(a) Within 30 days after the effective date

of this AD, perform inspections to detect

discrepancies of the fuel feed hose

assemblies on the APU; an inspection to

assure proper positioning of the air leak

detection system; and an inspection of the

bleed air system for signs of leakage; in

accordance with paragraph 2.B. of the

Accomplishment Instructions of Raytheon

Service Bulletin SB 49–44, dated January 20,

1995.

(1) If no discrepancy is found: Thereafter,

following the last flight of each day, perform

an inspection to detect discoloration of the

fuel hose assembly (outlet from the fuel

pump box) on the APU, in accordance with

paragraph 2.B.(2) and 2.C. of the

Accomplishment Instructions of the service

bulletin.

(2) If any discrepancy is found, prior to

further flight, correct the discrepancy in

accordance with paragraph 2.B. of the

Accomplishment Instructions of the 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,

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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) 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.

(d) The actions shall be done in accordance

with Raytheon Service Bulletin SB 49–44,

dated January 20, 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 Raytheon Corporate Jets,

Inc., Customer Support Department, Adams

Field, P.O. Box 3356, Little Rock, Arkansas

72203. 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.

(e) This amendment becomes effective on

May 23, 1995.

Issued in Renton, Washington, on April 27,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10835 Filed 5–5–95; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Parts 2, 34, 35, 41, 131, 292,

294, 382, and 385

[Docket No. RM92–12–001; Order No. 575–

A]

Streamlining of Regulations Pertaining

to Parts II and III of the Federal Power

Act and the Public Utility Regulatory

Policies Act of 1978

Issued May 2, 1995.

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Final rule; Order Granting and

Dismissing Requests for Clarification

and Dismissing Requests for Rehearing.

SUMMARY: The Federal Energy

Regulatory Commission (Commission) is

granting and dismissing certain requests

for clarification of its final rule in this

proceeding and dismissing requests for

rehearing. The requests for clarification

and for rehearing relate to the

Commission’s description of petroleum

coke and to codification of Commission

precedent regarding the power

production capacity of qualifying

facilities.

EFFECTIVE DATE: This order is effective

May 2, 1995.

FOR FURTHER INFORMATION CONTACT:

Andre Goodson, Office of the General

Counsel, Federal Energy Regulatory

Commission, 825 North Capitol St.,

NE., Washington, DC 20426,

Telephone: (202) 208–2167.

Joseph C. Lynch, Federal Energy

Regulatory Commission, Office of the

General Counsel, 825 North Capitol

Street, NE., Washington, DC 20426,

Telephone: (202) 208–2128.

SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register,

the Commission also provides all

interested persons an opportunity to

inspect or copy the contents of this

document during normal business hours

in Room 3401, at 941 North Capitol

Street, NE., Washington, DC 20426.

The Commission Issuance Posting

System (CIPS), an electronic bulletin

board service, provides access to the

texts of formal documents issued by the

Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a

modem by dialing (202) 208–1397. To

access CIPS, set your communications

software to 19200, 14400, 12000, 9600,

7200, 4800, 2400, 1200 or 300bps, full

duplex, no parity, 8 data bits and 1 stop

bit. The full text of this document will

be available on CIPS for 60 days from

the date of issuance in ASCII and

WordPerfect 5.1 format. After 60 days

the document will be archived, but still

accessible. The complete text on

diskette in WordPerfect format may also

be purchased from the Commission’s

copy contractor, La Dorn Systems

Corporation, also located in Room 3104,

941 North Capitol Street, NE.,

Washington, DC 20426.

Order Granting and Dismissing

Requests for Clarification and

Dismissing Requests for Rehearing

On January 13, 1995, the Commission

issued a Final Rule in this proceeding.1

The Final Rule revised and clarified the

Commission’s policies regarding: rate

filings by public utilities under the

Federal Power Act (FPA); issuances of

securities and assumptions of liabilities

by public utilities, licensees and others;

and procedural and technical rules

governing qualifying facilities (QFs).

On February 13, 1995: (a) The

American Petroleum Institute

(American Petroleum) filed a petition

for clarification or, in the alternative, a

request for rehearing; (b) Texaco

Cogeneration Development (Texaco

Cogen) filed a petition for clarification,

or, in the alternative, a request for

rehearing; and (c) Granite State

Hydropower Association (Granite State)

filed a petition for clarification, or, in

the alternative, a request for rehearing.