27054 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules

that the Air Conditioning and

Refrigeration Institute conducts a testing

program to verify manufacturers’

certifications of the energy efficiency

and other performance criteria of

residential and commercial air

conditioning and heat pump systems.

The Department seeks information on

any similar existing programs that

certify or verify the performance

characteristics of motors. In addition,

the Department seeks information as to

whether foreign commercial

laboratories, foreign government

laboratories, or trade associations

operate such programs.

The Department also seeks advice

concerning two other possible issues

under 122(e) of the EPAct (EPCA section

345(c), 42 U.S.C. 6316(c)). First,

questions may arise as to what

constitutes ‘‘an independent testing or

certification program [that is] nationally

recognized.’’ The Department seeks

input as to the criteria by which an

organization should be considered

competent (1) to conduct the specific

tests or calibrations for motors

according to the required test

procedures, and (2) to operate a

certification program. One possibility is

that the Department could consider a

motor testing or certification program to

be ‘‘nationally recognized’’ if the

program were accredited by the

National Institute of Standards and

Technology/National Voluntary

Laboratory Accreditation Program

(NIST/NVLAP). The Department seeks

views on such an approach, including

the question of whether a foreign

program recognized by NIST/NVLAP

should be considered ‘‘nationally

recognized in the United States.’’

Second, the Department seeks views as

to whether manufacturers are permitted

to self-test or self-certify the energy

efficiency of their own motors, and, if

so, under what circumstances.

e. Identification of other issues. The

Department will seek to resolve the

above issues in developing a proposed

rule. In addition, there may be other

issues that the Department will need to

address. The purpose of the meeting is

to identify all of these various issues

and to begin dialogue with interested

parties to help resolve them.

4. Public Meeting Procedure

The meeting will be conducted in an

informal, conference style. A court

reporter will be present to record the

minutes of the meeting. There shall be

no discussion of proprietary

information, costs or prices, market

shares, or other commercial matters

regulated by antitrust law. After the

meeting and period for written

statements, the Department will

consider the views presented in

formulating a Notice of Proposed

Rulemaking regarding energy efficient

motors.

Issued in Washington, DC, May 16, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 95–12492 Filed 5–19–95; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–13–AD]

Airworthiness Directives; Boeing

Model 767 Series Airplanes Equipped

With BFGoodrich Off-Wing Ramp/Slide

Evacuation Systems

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 767 series

airplanes. This proposal would require

modification of the off-wing ramp/slide

evacuation systems. This proposal is

prompted by reports of punctured tubes

on certain BFGoodrich off-wing ramp/

slide evacuation systems installed on

these airplanes. The actions specified by

the proposed AD are intended to

prevent such tube punctures, which

could delay or impede the evacuation of

passengers during an emergency.

DATES: Comments must be received by

July 17, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No 95–NM–13–

AD, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056. Comments

may be inspected at this location

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays.

The service information referenced in

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207; and BFGoodrich Company,

Aircraft Evacuation Systems, Sustaining

Engineering, Dept. 7916, Phoenix,

Arizona 85040. This information 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:

Andrew Gfrerer, Aerospace Engineer,

ANM–130L, FAA, Transport Airplane

Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California 90712;

telephone (310) 627–5338; fax (310)

627–5210.

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.

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–13–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–13–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received reports of

punctured tubes on BFGoodrich offwing ramp/slide evacuation systems,

having part numbers (P/N) 101630,

101655, and 101656, installed on certain

Boeing Model 767 series airplanes.

There have been several incidents in
Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules 27055

which the ramp/slides have been

damaged or punctured during inflation

of the ramp/slide. Investigation revealed

that the tubes were punctured when the

ramp/slides became trapped in the

spoiler gap or were caught on the

inboard edge of the flap during

inflation. Puncture of the tubes on an

off-wing ramp/slide evacuation system,

if not corrected, could cause portions of

the slide to deflate and, thus, delay or

impede the evacuation of passengers

during an emergency.

The FAA has reviewed and approved

Boeing Service Bulletin 767–25–0218,

dated December 15, 1994, which

describes procedures for modication of

the off-wing ramp/slide evacuation

systems. This modification involves

replacement of nuts on the bearings on

the packboards with new nuts.

The FAA has also reviewed and

approved BFGoodrich Service Bulletin

101630/655/656–25–269, dated October

28, 1994, which describes procedures

for modication of the off-wing ramp/

slide evacuation systems. This

modification involves replacement of

velcro retainers with improved

retainers, installation of a cover panel

on the bottom of the inflatable, and

installation of a chafe panel between the

upper and lower tubes near the transfer

tube.

Accomplishment of the modifications

described in these two service bulletins

will improve the resistance to a tube

puncture when the ramp/slide impinges

on the spoiler gap and inboard flap edge

during inflation.

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 modication of the off-wing

ramp/slide evacuation systems. The

actions would be required to be

accomplished in accordance with the

service bulletins described previously.

Operators should note that the

applicability of this proposed rule

affects Boeing Model 767 series

airplanes that are equipped with certain

BFGoodrich evacuation systems. The

FAA’s general policy is that, when an

unsafe condition results from the

installation of an appliance or other

item that is installed in only one

particular make and model of aircraft,

the AD is issued so that it is applicable

to the aircraft, rather than the item. The

reason for this is simple: Making the AD

applicable to the airplane model on

which the item is installed ensures that

operators of those airplanes will be

notified directly of the unsafe condition

and the action required to correct it.

While it is assumed that an operator

will know the models of airplanes that

it operates, there is a potential that the

operator will not know or be aware of

specific items that are installed on its

airplanes. It is for this reason that this

proposed AD would be applicable to

Model 767’s rather than to the

BFGoodrich evacuation system.

Additionally, calling out the airplane

model as the subject of the AD prevents

‘‘unknowing non-compliance’’ on the

part of the operator.

The FAA recognizes that there are

situations when an unsafe condition

exists in an item that is installed in

many different aircraft. In those cases,

the FAA considers it impractical to

issue AD’s against each aircraft; in fact,

many times, the exact models and

numbers of aircraft on which the item

is installed may not be known.

Therefore, in those situations, the AD is

issued so that it is applicable to the

item; furthermore, those AD’s usually

indicate that the item is known to be

installed on, but not limited to, various

aircraft models.

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 992

BFGoodrich off-wing ramp/slide

evacuation systems installed on 496

Model 767 series airplanes (2

evacuation systems per airplane) of the

affected design in the worldwide fleet.

The FAA estimates that 376 BFGoodrich

off-wing ramp/slide evacuation systems

installed on 188 Model 767 series

airplanes of U.S. registry would be

affected by this proposed AD, that it

would take approximately 9 work hours

per evacuation system to accomplish the

proposed actions, and that the average

labor rate is $60 per work hour.

Required parts would cost

approximately $200 per evacuation

system. Based on these figures, the total

cost impact of the proposed AD on U.S.

operators is estimated to be $278,240, or

$740 per evacuation system.

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–13–AD.

Applicability: Model 767 series airplanes,

equipped with BFGoodrich off-wing ramp/

slide evacuation systems having part number

(P/N) 101630, 101655, or 101656; certificated

in any category.
27056 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules

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 tube puncture of the ramp/slide

evacuation system, which could delay or

impede the evacuation of passengers during

an emergency, accomplish the following:

(a) Within 36 months after the effective

date of this AD, modify the off-wing ramp/

slide evacuation systems in accordance with

Boeing Service Bulletin 767–25–0218, dated

December 15, 1994, and BFGoodrich Service

Bulletin 101630/655/656–25–269, dated

October 28, 1994.

(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 §§ 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 May 16,

1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–12442 Filed 5–19–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–51–AD]

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

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 EMBRAER Model EMB–120

series airplanes. This proposal would

require removal of the upper channel

fairings and their shims; and rework of

the riveting holes, the aileron sealing

canvas (aerodynamic seals), and the

protective covers of the trim tab hinge

fittings of the aileron and elevator. This

proposal is prompted by reports of

binding of the aileron due to water

freezing between the upper channel

fairings and the surface of the leading

edge of the aileron. The actions

specified by the proposed AD are

intended to prevent water from freezing

between the upper channel fairings and

the surface of the leading edge on the

aileron, which could result in binding of

the aileron and subsequent reduced

controllability of the airplane.

DATES: Comments must be received by

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–

51–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Empresa Brasileira de Aeronautica S.A.

(EMBRAER), P.O. Box 343—CEP 12.225,

Sao Jose dos Campos—SP, Brazil. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small

Airplane Directorate, Atlanta Aircraft

Certification Office, Campus Building,

1701 Columbia Avenue, Suite 2–160,

College Park, Georgia.

FOR FURTHER INFORMATION CONTACT:

Linda Haynes, Aerospace Engineer,

Propulsion Branch, ACE–117A, FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, Campus

Building, 1701 Columbia Avenue, Suite

2–160, College Park, Georgia 30337–

2748; telephone (404) 305–7377; fax

(404) 305–7348.

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.

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–51–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–51–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Departamento de Aviacao Civil

(DAC), which is the airworthiness

authority for Brazil, recently notified the

FAA that an unsafe condition may exist

on certain EMBRAER Model EMB–120

series airplanes. The DAC advises that

it has received reports of binding of the

aileron on Model EMB–120 series

airplanes. In these instances, movement

of the aileron was possible, but difficult.

All of the airplanes involved were

equipped with upper channel fairings

(Kevlar strips) on the aileron.

Investigation revealed that, when the

upper channel fairings are wet and

come in contact with a surface of the

leading edge of the aileron that is also

wet, water can freeze between the two

parts. This condition, if not corrected,

could result in binding of the aileron

and subsequent reduced controllability

of the airplane.

EMBRAER has issued Service Bulletin

No. 120–57–0021, Change 1, dated

September 10, 1993, which describes

procedures for removal of the upper

channel fairings and their shims; and

rework of the riveting holes, the aileron