65258 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 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. 106(g), 40101, 40113,

44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Fokker: Docket 95–NM–172–AD.

Applicability: Model F28 Mark 0100

airplanes, serial numbers 11244 through

11277 inclusive, 11279, 11281 through 11287

inclusive, and 11289 through 11400

inclusive, 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 (g) of this AD 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 over-pressurization and/or

damage to the wing collector tanks, which

could result in reduced structural integrity of

the wings, accomplish the following:

(a) Within 45 days after the effective date

of this AD, perform a one-time measurement

during refueling to determine the pressure in

each collector tank in accordance with Part

1 of the Accomplishment Instructions of

Fokker Service Bulletin SBF100–57–030,

dated December 17, 1994.

Note 2: Pressure Limits Categories are

defined in Table 2 of Fokker Service Bulletin

SBF100–57–030, dated December 17, 1994.

(b) For Pressure Limits Category 1: Within

2 years after the effective date of this AD,

modify the four affected top-hat stringers

(2.32, 2.33, 2.34, and 2.35) in each outer wing

tank area by removing the restriction blocks,

in accordance with the Accomplishment

Instructions of Fokker Service Bulletin

SBF100–57–029, Revision 1, dated March 23,

1995.

(c) For Pressure Limits Categories 2

through 5: Except as provided by paragraph

(d) of this AD, prior to the number of

accumulated total flight cycles or within the

time specified in Table 1 of Fokker Service

Bulletin SBF100–57–030, dated December

17, 1994, whichever occurs earlier,

accomplish the requirements of paragraphs

(c)(1) and (c)(2) of this AD.

(1) Perform the Non-Destructive Test (NDT)

inspections specified in Part 2 of the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–030, dated

December 17, 1994, to detect cracking or

deformations of the collector tank ribs on

each wing at wing stations 1825, 2230, and

2635. These inspections are to be performed

in accordance with Fokker Service Bulletin

SBF100–57–030, dated December 17, 1994.

(2) Modify the four affected top-hat

stringers (2.32, 2.33, 2.34, and 2.35) in each

outer wing tank area by removing the

restriction blocks, in accordance with the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–029, Revision 1,

dated March 23, 1995.

(d) For Pressure Limits Category 6, and for

airplanes having pressure limits within the

limits specified in Categories 3 through 5 and

that have exceeded the number of

accumulated total flight cycles specified in

Table 1: Within 100 flight cycles, accomplish

the requirements of paragraphs (d)(1) and

(d)(2) of this AD.

(1) Perform the NDT inspections in

accordance with the procedures of Part 2 of

the Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–030, dated

December 17, 1994. The fueling pressure

must not exceed 25 pounds per square inch

(PSI) during refueling.

(2) Modify the four affected top-hat

stringers (2.32, 2.33, 2.34, and 2.35) in each

outer wing tank area by removing the

restriction blocks, in accordance with the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–029, Revision 1,

dated March 23, 1995.

(e) For Pressure Limits Category 7: Prior to

further flight following the measurement

required by paragraph (a) of this AD,

accomplish the requirements of paragraphs

(e)(1) and (e)(2) of this AD.

(1) Perform the NDT inspections in

accordance with the procedures of Part 2 of

the Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–030, dated

December 17, 1994.

(2) Modify the four affected top-hat

stringers (2.32, 2.33, 2.34, and 2.35) in each

outer wing tank area by removing the

restriction blocks, in accordance with the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–029, Revision 1,

dated March 23, 1995.

(f) If any cracking or deformation is

detected during any inspection required by

this AD, prior to further flight, repair in

accordance with a method approved by the

Manager, Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate.

(g) 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.

(h) 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

December 13, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–30746 Filed 12–18–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–133–AD]

Airworthiness Directives; Jetstream

Model 4101 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 Jetstream Model 4101 airplanes.

This proposal would require

replacement of the flexible cables of the

power and condition controls of the

engines with new flexible cables. The

proposal would also require installation

of protective tape on the outside case of

these flexible cables, and

reidentification of the cables. This

proposal is prompted by reports of stiff

operation of the power and condition

controls of the engines due to heat

damage to and moisture contamination

of the flexible cable. The actions

specified by the proposed AD are

intended to prevent heat damage and

moisture contamination to the flexible

cable, which could result in stiff

operation of the power and condition

controls and subsequent reduced engine

control.

DATES: Comments must be received by

January 25, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

133–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
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules 65259

Jetstream Aircraft, Inc., P.O. Box 16029,

Dulles International Airport,

Washington, DC 20041–6029. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

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) 227–1149.

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–133–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–133–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

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 Jetstream Model 4101

airplanes. The CAA advises that it has

received reports of stiff operation of the

power and condition controls of the

engines on these airplanes. Investigation

revealed that a protective sheath on the

flexible cables can become damaged by

heat, which allows water to enter the

flexible cable. The water may then drain

along the flexible cable to the cold area

in the leading edge of the wing and

freeze. These conditions, if not

corrected, could result in stiff operation

of the power and condition controls,

and subsequent reduced engine control.

Jetstream has issued Service Bulletin

J41–76–013, dated May 5, 1995, which

describes procedures for checking the

aircraft records to determine if any

reports of stiff operation in freezing

conditions have been recorded. The

service bulletin also describes

procedures for replacement of the

flexible cables of power and condition

controls of the engines with new

flexible cables. The service bulletin also

describes procedures for installation of

protective tape on the outside case of

the flexible cables of the power and

condition controls of the engines, and

reidentification of the assembly number

of the cable. The service bulletin

specifies that both the replacement of

the flexible cables and installation of

protective tape need to be accomplished

on certain airplane, but specifies that

only the protective tape installation

needs to be accomplished on certain

other airplanes. The CAA classified this

service bulletin as mandatory in order to

assure the continued airworthiness of

these airplanes in the United Kingdom.

This airplane model is 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, the proposed AD would

require replacement of the flexible

cables of power and condition controls

of the engines with new flexible cables.

The proposed AD would also require

simultaneous installation of protective

tape on the outside case of the new

flexible cables of the power and

condition controls of the engines, and

reidentification of the assembly number

of the cable. The actions would be

required to be accomplished in

accordance with the procedures

contained in the service bulletin

described previously.

Operators should note that, unlike the

recommendations of the service

bulletin, the proposed AD would not

require checking the aircraft records to

determine if any reports of stiff

operation in freezing conditions have

been recorded. The FAA finds that the

Airplane Maintenance Log is the

appropriate source of aircraft records for

reports of stiff operation of the power

and condition controls. However,

operators are not required to retain these

records [reference part 121 or 135 of the

Federal Aviation Regulations (FAR) (14

CFR 121 or 135).]. Therefore, the FAA

has determined that these aircraft

records may not be available for review

by maintenance personnel if attempting

to comply with a requirement to

accomplish such a review.

Operators should also note that,

unlike the recommendations of the

service bulletin, the proposed AD would

require that the replacement of the

flexible cables and installation of the

protective tape be accomplished on all

affected airplanes. The FAA finds that

damage to the flexible cable sheath and

subsequent moisture contamination to

the flexible cables may still exist or

develop even though there have been no

previous reports of stiff operation of the

power and condition controls. Airplanes

with moisture contamination in the

flexible cables may not yet have

encountered the environmental

conditions necessary to freeze the

moisture and subsequently cause stiff

operation. Therefore, the FAA has

determined that accomplishing only the

installation of the protective tape on

cables (if no stiff operations have been

reported) would not eliminate the

unsafe condition, since water

contamination of the flexible cable may

still exist.

The FAA estimates that 25 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 11 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would be supplied by the manufacturer

at no cost to the operators. Based on

these figures, the cost impact of the

proposed AD on U.S. operators is

estimated to be $16,500, or $660 per

airplane.

The 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
65260 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules

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 USC 106(g), 40101, 40113,

44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Jetstream Aircraft Limited: Docket 95–NM–

133–AD.

Applicability: Model 4101 airplanes on

which Jetstream Modification JM41478 or

JM41485A has not been installed, certificated

in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise 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) of this AD 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 heat damage and moisture

contamination to the flexible cable, which

could result in stiff operation of the power

and condition controls and subsequent

reduced engine control, accomplish the

following:

(a) Within 6 months after the effective date

of this AD, accomplish the requirements of

paragraphs (a)(1) and (a)(2) of this AD, in

accordance with Jetstream Service Bulletin

J41–76–013, dated May 5, 1995. Both

requirements must be accomplished at the

same time.

(1) Replace the flexible cables of power and

condition controls of the left and right

engines with new flexible cables, in

accordance with paragraphs 2.B. and 2.C. of

the Accomplishment Instructions of the

service bulletin; and

(2) Install protective tape on the outside

case of the flexible cables of the power and

condition controls of the left and right

engines; and reidentify the assembly number

of the cable; in accordance with paragraph

2.D. 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 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

December 13, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–30747 Filed 12–18–95; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 801, 803, 804, and 897

[Docket No. 95N–0253]

Regulations Restricting the Sale and

Distribution of Cigarettes and

Smokeless Tobacco Products To

Protect Children and Adolescents;

Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule, correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting a

proposed rule that appeared in Federal

Register of August 11, 1995 (60 FR

41314). The document proposed new

regulations governing the sale and

distribution of nicotine-containing

cigarettes and smokeless tobacco

products to children and adolescents in

order to address the serious public

health problems caused by the use of

and addiction to these products. The

agency has identified some proofreading

inaccuracies in the references listed in

the document. This document corrects

those errors.

FOR FURTHER INFORMATION CONTACT:

Philip L. Chao, Office of Policy (HF–23),

Food and Drug Administration, 5600

Fishers Lane, Rockville, MD 20857,

301–827–3380.

In FR Doc. 95–20051 appearing on

page 41314 in the Federal Register of

Friday, August 11, 1995, the following

corrections are made:

1. On page 41316, in Ref. 2, in the

second column, in line 2, ‘‘pp. 645–

649’’ is corrected to read ‘‘pp. 77–81’’.

2. On page 41316, in the second

column, in Ref. 4, in line 4, ‘‘pp. 645–

649’’ is corrected to read ‘‘pp. 77–81’’.

3. On page 41316, in Ref. 16, in the

third column, in line 2, ‘‘p. 32–47’’ is

corrected to read ‘‘pp. 31–47’’.

4. On page 41319, in the third

column, in Ref. 5, in line 3, ‘‘No. 50’’ is

corrected to read ‘‘No. 20’’.

5. On page 41321, in the first column,

in Ref. 76, in line 16, ‘‘No. 2’’ is

corrected to read ‘‘No. 1’’.

6. On page 41321, in the first column,

in Ref. 83, in lines 6 and 7, ‘‘pp. 100,

197’’ is corrected to read ‘‘pp. 100, 197–

198’’.

7. On page 41342, in the third

column, in Ref. 41, in line 4, ‘‘p. 23’’ is

corrected to read ‘‘p. 24’’.

8. On page 41343, in the first column,

in Ref. 67, ‘‘pp. 225–226’’ is corrected to

read ‘‘pp. 224–226’’.