21276 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations

PART 930—TART CHERRIES GROWN

IN THE STATES OF MICHIGAN, NEW

YORK, PENNSYLVANIA, OREGON,

UTAH, WASHINGTON, AND

WISCONSIN

Accordingly, the interim final rule

amending 7 CFR part 930 which was

published at 66 FR 232 on January 3,

2001, is adopted as a final rule without

change.

Dated: April 24, 2001.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 01–10663 Filed 4–27–01; 8:45 am]

BILLING CODE 3410–02–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–45–AD; Amendment

39–12209; AD 2001–09–04]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–300 Series Airplanes

Equipped with Motive Flow Check

Valves Having Part Number 106–0007–

01

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 Dornier Model

328–300 series airplanes. This action

requires repetitive inspections of motive

flow check valves and adjacent parts for

fuel leaks, and replacement of the

valves, if leaks are detected. This action

is necessary to prevent leakage of fuel

from the motive flow check valves,

which could result in fuel vapors

coming into contact with fuel ignition

sources. This action is intended to

address the identified unsafe condition.

DATES: Effective May 15, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 15,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

May 30, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

45–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. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-iarcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2001–NM–45–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

this AD may be obtained from Fairchild

Dornier, Dornier Luftfahrt GmbH, P.O.

Box 1103, D–82230 Wessling, Germany.

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: Dan

Rodina, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2125;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Luftfahrt-Bundesamt (LBA), which is

the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on certain

Dornier Model 328–300 series airplanes.

The LBA advises that three incidents

have been reported of cracks on the

motive flow check valves, which have

resulted in leakage of fuel. The cause of

the cracking is not yet known. This

condition, if not corrected, could result

in fuel vapors coming into contact with

fuel ignition sources.

Explanation of Relevant Service

Information

Dornier has issued Alert Service

Bulletin ASB 328J–28–007, dated

September 20, 2000, which describes

procedures for an initial general visual

inspection of the lower inboard leading

edge/pylon area and the pylon drain

tube for signs of fuel droplets or fuel

staining. The alert service bulletin also

describes procedures for repetitive

general visual inspections around the

motive flow check valve for fuel leaks,

and replacement of the valves with new

valves, if leaks are detected. The LBA

classified this service bulletin as

mandatory and issued German

airworthiness directive 2001–058, dated

March 8, 2001, in order to assure the

continued airworthiness of these

airplanes in Germany.

FAA’s Conclusions

This airplane model is manufactured

in Germany 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 LBA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LBA,

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.

Explanation of Requirements of Rule

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 leakage of fuel from the motive

flow check valves, which could result in

fuel vapors coming into contact with

fuel ignition sources. This AD requires

accomplishment of the actions specified

in the service bulletin described

previously.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Determination of Rule’s Effective Date

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. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations 21277

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.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the AD is being requested.

• Include justification (e.g., reasons or

data) for each request.

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 2001–NM–45–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect 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, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

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. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2001–09–04 Dornier Luftfahrt GMBH:

Amendment 39–12209. Docket 2001–

NM–45–AD.

Applicability: Model 328–300 series

airplanes, certificated in any category,

equipped with a motive flow check valve

which has part number (P/N) 106–0007–01.

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 request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent leakage of fuel from the motive

flow check valve, which could result in fuel

vapors coming into contact with fuel ignition

sources, accomplish the following:

Initial Inspection

(a) Prior to the accumulation of 800 total

flight cycles on the motive flow check valve

P/N 106–0007–01, or within 3 days after the

effective date of this AD, whichever occurs

later: Perform a general visual inspection of

the lower inboard leading edge/pylon area

and the pylon drain tube to detect fuel

droplets or fuel staining, in accordance with

paragraph 2.B of the Accomplishment

Instructions of Dornier Alert Service Bulletin

ASB 328J–28–007, dated September 20, 2000.

If any fuel droplet or fuel staining is detected,

prior to further flight, perform an additional

inspection and operational test, in

accordance with paragraphs 2.C and 2.D of

the Accomplishment Instructions of Dornier

Alert Service Bulletin ASB 328J–28–007,

dated September 20, 2000.

Note 2: For the purposes of this AD, a

general visual inspection is defined as: ‘‘A

visual examination of an interior or exterior

area, installation, or assembly to detect

obvious damage, failure, or irregularity. This

level of inspection is made under normally

available lighting conditions such as

daylight, hangar lighting, flashlight, or droplight, and may require removal or opening of

access panels or doors. Stands, ladders, or

platforms may be required to gain proximity

to the area being checked.’’

Repetitive Inspections

(b) Within 15 days or 60 flight hours after

the effective date of this AD, whichever

occurs first: Perform a general visual

inspection of the motive flow check valve to

detect fuel leaks, in accordance with

paragraph 2.C of the Accomplishment

Instructions of Dornier Alert Service Bulletin

ASB 328J–28–007, dated September 20, 2000.

(1) If no fuel leaks are detected, repeat the

general visual inspection of the motive flow

check valve at least every 15 days or 60 flight

hours, whichever occurs first.

(2) If any fuel leak is detected, prior to

further flight, replace the motive flow fuel

valve with a new valve, in accordance with

the alert service bulletin. After the new valve

has accumulated 800 flight cycles, do the

general visual inspection of the valve

required by paragraph (b) of this AD,

including the repetitive inspection, at least

every 15 days or 60 flight hours, whichever

occurs first.

(c) Within 400 flight hours after the

effective date of this AD: Perform an engine

operational test and a general visual

inspection of the motive flow check valve to

detect a fuel leak, in accordance with

paragraphs 2.C and 2.D of the

Accomplishment Instructions of Dornier

Alert Service Bulletin ASB 328J–28–007,

dated September 20, 2000.

(1) If no fuel leaks are detected, repeat the

engine operational test and the general visual

inspection of the motive flow check valve at

least every 400 flight hours.

(2) If any fuel leak is detected, prior to

further flight, replace the motive flow fuel

valve with a new valve, in accordance with

the alert service bulletin. After the new valve

has accumulated 800 flight cycles, do the

general visual inspection of the valve

required by paragraph (c) of this AD,

including the repetitive inspections, at least

every 400 flight hours.

Alternative Methods of Compliance

(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,

International Branch, ANM–116, Transport

Airplane Directorate, FAA. Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, International Branch, ANM–116.

Note 3: Information concerning the

existence of approved alternative methods of

21278 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Incorporation by Reference

(e) The actions must be done in accordance

with Dornier Alert Service Bulletin ASB

328J–28–007, dated September 20, 2000. 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

Fairchild Dornier, Dornier Luftfahrt GmbH,

P.O. Box 1103, D–82230 Wessling, Germany.

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.

Note 4: The subject of this AD is addressed

in German airworthiness directive 2001–058,

dated March 8, 2001.

Effective Date

(f) This amendment becomes effective on

May 15, 2001.

Issued in Renton, Washington, on April 23,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–10592 Filed 4–27–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–75–AD; Amendment

39–12211; AD 2001–09–06]

RIN 2120–AA64

Airworthiness Directives; Cessna

Aircraft Company Models 206H and

T206H Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Cessna Aircraft

Company (Cessna) Models 206H and

T206H airplanes. This AD requires you

to visually inspect the horizontal

stabilizer attachment reinforcement

brackets for the existence of seam welds

and replace any reinforcement bracket

found without seam welds. This AD is

the result of a report that these parts

were manufactured without seam welds.

The actions specified by this AD are

intended to detect and replace

structurally deficient horizontal

stabilizer attachment brackets.

Continued use of such brackets could

result in structural failure of the

horizontal stabilizer with reduced or

loss of control of the airplane.

DATES: This AD becomes effective on

May 18, 2001.

The Director of the Federal Register

approved the incorporation by reference

of certain publications listed in the

regulation as of May 18, 2001.

The Federal Aviation Administration

(FAA) must receive any comments on

this rule on or before June 15, 2001.

ADDRESSES: Submit comments in

triplicate to FAA, Central Region, Office

of the Regional Counsel, Attention:

Rules Docket No. 2000–CE–75–AD, 901

Locust, Room 506, Kansas City,

Missouri 64106.

You may get the service information

referenced in this AD from Cessna

Aircraft Company, Product Support,

P.O. Box 7706, Wichita, Kansas 67277;

telephone: (316) 517–5800; facsimile:

(316) 942–9006. You may examine this

information at FAA, Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 2000–CE–

75–AD, 901 Locust, Room 506, Kansas

City, Missouri 64106; or at the Office of

the Federal Register, 800 North Capitol

Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Eual

Conditt, Aerospace Engineer, Wichita

Aircraft Certification Office, FAA, 1801

Airport Road, Mid-Continent Airport,

Wichita, Kansas 67209; telephone: (316)

946–4128; facsimile: (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Discussion

What events have caused this AD?

Cessna recently notified FAA of a defect

in the manufacturing of the horizontal

stabilizer attachment reinforcement

brackets. Cessna manufactured certain

reinforcement brackets without seam

welds. The seam welds help provide the

required structural integrity for the

horizontal stabilizer attachment bracket.

What are the consequences if the

condition is not corrected? This

condition, if not corrected, could result

in structural failure of the horizontal

stabilizer with reduced or loss of control

of the airplane.

Is there service information that

applies to this subject? Cessna has

issued Service Bulletin SB00–55–03,

dated August 28, 2000. This service

bulletin includes procedures for:

—visually inspecting the right and left

horizontal stabilizer attachment

reinforcement brackets for the existence

of seam welds along the lower inboard

and outboard wall/flange; and

—removing and replacing the

horizontal stabilizer assemblies with

new parts.

The FAA’s Determination and an

Explanation of the Provisions of This

AD

What has FAA decided? The FAA has

reviewed all available information,

including the service information

referenced above; and determined that:

—The unsafe condition referenced in

this document likely exists on Cessna

Models 206H and T206H airplanes

within the listed serial number range;

—The actions specified in the

previously-referenced service

information (as specified in this AD)

should be accomplished on the affected

airplanes; and

—AD action should be taken in order

to correct this unsafe condition.

What does this AD require? This AD

requires you to accomplish the actions

previously specified in accordance with

Cessna Service Bulletin SB00–55–03,

dated August 28, 2000.

Will I have the opportunity to

comment prior to the issuance of the

rule? Because the unsafe condition

described in this document could result

in structural failure of the horizontal

stabilizer with possible reduced or loss

of control of the airplane, FAA finds

that notice and opportunity for public

prior comment are impracticable.

Therefore, good cause exists for making

this amendment effective in less than 30

days.

Comments Invited

How do I comment on this AD?

Although this action is in the form of a

final rule and was not preceded by

notice and opportunity for public

comment, we invite your comments on

the rule. You may submit whatever

written data, views, or arguments you

choose. You need to include the rule’s

docket number and submit your

comments in triplicate to the address

specified under the caption ADDRESSES.

We will consider all comments received

on or before the closing date specified

above. We may amend this rule in light

of comments received. Factual

information that supports your ideas

and suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether we

need to take additional rulemaking

action.

Are there any specific portions of the

AD I should pay attention to? The FAA

specifically invites comments on the

overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to