10308 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

Issued in Kansas City, Missouri, on

February 15, 1995.

Barry D. Clements,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 95–4371 Filed 2–23–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–ANE–57; Amendment 39–

9150; AD 95–03–14]

Airworthiness Directives; Teledyne

Continental Motors IO–346, IO–520,

and IO–550 Series Reciprocating

Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Teledyne

Continental Motors (TCM) IO–346, IO–

520, and IO–550 series reciprocating

engines, that currently requires initial

and repetitive inspections of the engine

mount brackets for cracks, and if found

cracked, replacement with improved

design engine mount brackets. All

engine mount brackets require

replacement with improved design

engine mount brackets at the next

engine removal after the effective date of

that airworthiness directive (AD). This

amendment clarifies the identification

procedures to determine which engine

mount brackets must be inspected. This

amendment is prompted by reports that

the engine mount bracket part numbers,

which are ink stamped, can be easily

obliterated. The actions specified by this

AD are intended to prevent engine

separation from the aircraft due to

cracks in the engine mount brackets.

DATES: Effective March 13, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 13,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

April 25, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

94–ANE–57, 12 New England Executive

Park, Burlington, MA 01803–5299.

The service information referenced in

this AD may be obtained from Teledyne

Continental Motors, P.O. Box 90,

Mobile, AL 36601; telephone (334) 438–

3411. This information may be

examined at the FAA, New England

Region, Office of the Assistant Chief

Counsel, Burlington, MA; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jerry

Robinette, Aerospace Engineer, Atlanta

Aircraft Certification Office, FAA, Small

Airplane Directorate, Campus Building,

1701 Columbia Ave., Suite 2–160,

College Park, GA 30337–2748;

telephone (404) 305–7371, fax (404)

305–7348.

SUPPLEMENTARY INFORMATION: On April

19, 1994, the Federal Aviation

Administration (FAA) issued

airworthiness directive (AD) 94–09–07,

Amendment 39–8896 (59 FR 23148,

May 5, 1994), applicable to certain

Teledyne Continental Motors (TCM) IO–

346, IO–520, and IO–550 series

reciprocating engines, to require initial

and repetitive dye penetrant inspections

for cracks in certain lower left engine

mount brackets, Part Number (P/N)

630695. If the lower left engine mount

bracket is found cracked, that AD

requires replacing both the lower left

and lower right engine mount brackets

with improved design engine mount

brackets, P/N 653306 and 653305,

respectively. If a crack is not detected,

the lower left engine mount bracket

requires repetitive inspections at

intervals not to exceed 500 hours time

in service (TIS) until the next engine

removal, at which time engine mount

brackets, P/N 630694 and 630695, are

replaced with improved design engine

mount brackets, P/N 653306 and

653305. Installation of these improved

design engine mount brackets

constitutes terminating action to the

inspection requirements of that AD.

That action was prompted by reports of

cracks in engine mount brackets on

engines that have completed at least one

overhaul cycle. That condition, if not

corrected, could result in engine

separation from the aircraft due to

cracks in the engine mount brackets.

Since the issuance of that AD, the

FAA has received reports of difficulty in

identifying the engine mount brackets

that must be inspected. The P/N is inkstamped on the part and is quite easily

obliterated. The problem arises when

the Casting Number (C/N), which is

different from the P/N, is mistaken for

the P/N, and the AD is incorrectly

believed to not apply.

The FAA has reviewed and approved

the technical contents of TCM

Mandatory Service Bulletin (MSB) No.

MSB94–9, dated October 21, 1994, that

provides positive identification of

affected engine mount brackets that

require inspection, and replacement, if

necessary.

Since an unsafe condition has been

identified that is likely to exist or

develop on other engines of this same

type design, this AD supersedes AD 94–

09–07 to clarify the identification

procedures to determine which engine

mount brackets must be inspected. The

actions are required to be accomplished

in accordance with the MSB 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 should 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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 94–ANE–57.’’ 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
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10309

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 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

removing Amendment 39–8896 (59 FR

23148, May 5, 1994), and by adding a

new airworthiness directive,

Amendment 39–9150, to read as

follows:

95–03–14 Teledyne Continental Motors:

Amendment 39–9150. Docket 94–ANE–

57. Supersedes AD 94–09–07,

Amendment 39–8896.

Applicability: Teledyne Continental

Motors (TCM) engine models IO–346A, IO–

346B, IO–520C, IO–520CB, and IO–550C;

rebuilt engine model IO–520C with serial

numbers (S/N) 287051–R and lower; rebuilt

engine model IO–520CB with S/N 282226–R

and lower; rebuilt engine model IO–550C

with S/N 271742–R and lower; and all

factory overhauled IO–520C, IO–520CB, and

IO–550C engines with a build date prior to

August 6, 1992. These engines are installed

on but not limited to Beech model A23,

A23A, 95–C55, 95–C55A, D55, D55A, E55,

E55A, 58, and 58A airplanes.

Compliance: Required as indicated, unless

accomplished previously.

To prevent engine separation from the

aircraft due to cracks in the engine mount

brackets, accomplish the following:

(a) For engines with engine mount brackets

that have completed at least one engine

overhaul or rebuild cycle, or have

accumulated 2,500 or more hours time in

service (TIS) on the effective date of this

airworthiness directive (AD), inspect the

lower left engine mount bracket, Part Number

(P/N) 630695 or Casting Number (C/N)

630724, for cracks using the dye penetrant

techniques specified in this paragraph and in

accordance with TCM Mandatory Service

Bulletin (MSB) No. MSB94–9, dated October

21, 1994, within the next 50 hours TIS after

the effective date of this AD.

Note 1: TCM MSB No. MSB94–9, dated

October 21, 1994, differs from TCM MSB No.

M92–13, dated September 4, 1992, which

was referenced in AD 94–09–07, only in

clarification of part identification by utilizing

a cross reference table for P/N and C/N.

Note 2: The P/N is ink stamped on the part

and may not be visible. The engine mount

bracket can be identified by the C/N which

is cast in the engine mount bracket.

(1) Perform the dye penetrant inspection as

follows:

Note: Military Specification MIL–I–6866

and American Society of Testing Materials

specifications ASTM E1417–93 and E165–9

contain additional information on dye

penetrant inspection processes.

(i) Preparation: clean and dry all parts in

such a manner as to leave the surfaces free

from grease, oil, soaps, alkalies, and other

substances which would interfere with

inspection. Vapor degreasing is generally

suitable for this purpose.

(ii) Penetrant Application Procedure: after

preparation, spray or brush the parts with the

penetrant, and allow to stand for not less

than 5 minutes. The effectiveness of the

penetrant increases if left standing for a

longer time, as the penetrant will reach finer

discontinuities.

(iii) Penetrant Cleaning: clean the parts

thoroughly using a medium which will

remove penetrant from the surfaces of parts;

wash with water when the penetrant is water

soluble. When other than water soluble

penetrants are used, the penetrant shall be

removed with a suitable cleaner. Avoid

excessive cleaning which would remove the

penetrant from discontinuities.

(iv) Drying: dry the parts as thoroughly as

possible. Drying of parts may be

accomplished by evaporation at room

temperature or by placing the parts in a

circulating warm air oven or in the air stream

of a hot air dryer. Avoid excessive drying

time or drying temperatures above 75°C

(165°F) to prevent excessive evaporation of

the penetrant. If heat is used for drying parts,

cool parts to approximately 50°C (120°F)

before proceeding to the developing

procedure.

(v) Developing: apply the developer to the

dry parts as lightly and as evenly as possible,

using as thin a coating of developer as is

possible. A translucent film is adequate. Mix

wet developer by agitation immediately prior

to applying it. After applying the developer,

take care that no penetrant indication is

disturbed or obliterated in subsequent

handling.

(vi) Examination: examine the developed

penetrant indications in accordance with the

dye penetrant manufacturer’s instructions.

Examine parts for indications of

discontinuities open to the surface.

(vii) Final cleaning: clean the parts

following the inspection to remove penetrant

and developer.

Note 1: Caution: because of differences

among penetrants, take care to ensure that

the final cleaner, the penetrant, the penetrant

remover, and the developer are suitable for

use with each other.

Note 2: Caution: all penetrant materials

should be kept as free from moisture as

possible.

Note 3: Caution: most penetrants, cleaning

agents, and developer suspensions are low

flash point material; use caution to prevent

fires.

(2) If no crack is detected, inspect in

accordance with paragraph (a) of this AD at

intervals not to exceed 500 hours TIS since

the last inspection.

(3) If a crack is detected, prior to further

flight replace both the lower left engine

mount bracket, P/N 630695 or C/N 630724,

and lower right engine mount bracket, P/N

630694 or C/N 630723, with improved design

engine mount brackets, P/N 653306 or C/N

653299, and P/N 653305 or C/N 653298,

respectively.

(b) For all engines, replace both the lower

left engine mount bracket, P/N 630695 or

C/N 630724, and lower right engine mount

bracket, P/N 630694 or C/N 630723, with

improved design engine mount brackets,

P/N 653306 or C/N 653299, and P/N 653305

or C/N 653298, respectively, at the next

engine removal after the effective date of this

AD.

(c) Installation of the improved design

engine mount brackets, P/N 653306 or C/N

653299, and P/N 653305 or C/N 653298,

constitutes terminating action to the

inspection requirements of this AD.

(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, Atlanta

Aircraft Certification Office. The request

should be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Atlanta Aircraft Certification Office.

Note: Information concerning the existence

of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Atlanta

Aircraft Certification Office.

(e) 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 aircraft to

a location where the inspection may be

performed.
10310 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

(f) The inspections and replacement shall

be done in accordance with the following

service document:

Document No. Pages Date

TCM MSB No.

MSB94–9.

1–2 Oct. 21, 1994.

Total pages: 2.

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 Teledyne Continental Motors, P.O. Box

90, Mobile, AL 36601; telephone (334) 438–

3411. Copies may be inspected at the FAA,

New England Region, Office of the Assistant

Chief Counsel, 12 New England Executive

Park, Burlington, MA; or at the Office of the

Federal Register, 800 North Capitol Street

NW., suite 700, Washington, DC.

(g) This amendment becomes effective on

March 13, 1995.

Issued in Burlington, Massachusetts, on

February 8, 1995.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 95–4124 Filed 2–23–95; 8:45 am]

BILLING CODE 4910–13–P

Office of the Secretary

14 CFR Parts 300 and 385

[Docket No. 48582]

RIN 2105–AB89

Rules of Conduct in DOT Proceedings

AGENCY: Department of Transportation,

Office of the Secretary.

ACTION: Final rule.

SUMMARY: The Department of

Transportation is amending its

procedural regulations to permit

Department staff to communicate

informally with applicants and any

objectors or other commenters in the

investigation stage of docketed air

carrier initial certificate application and

continuing fitness cases (collectively

referred to as ‘‘fitness cases’’) where the

issues are limited solely to fitness and/

or U.S. citizenship. Such

communications may be initiated only

by Department career staff for the

purpose of clarifying information filed,

or by an applicant or other interested

party upon grant of a limited waiver of

the regulations in order to engage in

substantive communication with

Department staff. In other respects, the

Department’s current ex parte

restrictions will continue to govern

substantive communications both before

and after a show-cause order or an order

instituting a formal proceeding has been

issued. The amendment being

promulgated differs from that proposed

in the Notice of Proposed Rulemaking

(NPRM) in that the latter did not restrict

the permitted ex parte communications

to those initiated by Department staff or

by other interested persons only

pursuant to a waiver. The amendment

will give the Department an added

degree of flexibility in seeking

information from all interested parties

and will decrease the burden on

applicants as well as objectors and other

commenters. However, it will still

provide those parties a fair and

complete opportunity to be heard and

ensure an adequate record for the

proceeding.

EFFECTIVE DATE: The rule shall become

effective on March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Carol A. Woods, Air Carrier Fitness

Division, X–56, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590, (202) 366–

9721.

SUPPLEMENTARY INFORMATION:

Background

On December 30, 1992, the

Department issued an NPRM (58 FR

516, January 6, 1993) to amend its

procedural regulations (14 CFR Part

300) to permit Department staff to

communicate informally with

applicants and any objectors or other

commenters in docketed cases involving

determinations of air carrier fitness and/

or U.S. citizenship only, during the

initial investigation stages before the

issuance of a show-cause order or an

order instituting a formal proceeding.

After the issuance of either of those

orders, the Department’s current ex

parte restrictions would apply.

The amendment was designed to

eliminate unnecessary delays and

complications in processing initial

certificate applications and docketed

continuing fitness cases that arise

because, under the current rule (14 CFR

300.2), the Department may not discuss

informally, either orally or in writing,

substantive aspects of the cases with the

applicants or objecting parties once a

written objection is filed. Instead, the

Department’s staff routinely goes

through the burdensome task of putting

all of its questions in writing, filing

them in the docket, and serving them on

all parties. The applicant must likewise

respond in writing through the docket,

with copies to all parties. Often

responses to staff questions need

clarification or spawn further inquiries.

Moreover, questions asked of the

applicant by the Department’s staff may

themselves require clarification before a

proper response can be made. As a

result, often matters that could be

cleared up in minutes by telephone or

in a meeting can drag on for days or

weeks solely due to the procedures of

the on-the-record communications

required under the current rules.

Overall, the process is often

cumbersome and time-consuming.

Carrier applicants are not the only

persons who suffer as a result. For

example, the Department’s staff may not

under present ex parte rules ask simple

questions of an objector in an effort to

verify the facts contained in the filing

objecting to the application without

similar written procedures. The

amendment would allow the

Department the flexibility to seek

clarifications and additional

information from interested persons in

an informal manner, thereby relieving

all parties of the burden of having to file

such communications in the docket and

serve them on all interested persons.

Since the current ex parte

communication rules would continue to

apply after the issuance of a show-cause

order or an order instituting formal

procedures, the amendment would

ensure that all parties would have a fair

and complete opportunity to be heard

and that an adequate record would be

assembled for the proceeding.

Comments on the NPRM were

received from American Airlines, Inc.

(American), Delta Air Lines, Inc. (Delta),

United Air Lines, Inc. (United), and the

Regional Airline Association.

Summary of Comments

The Regional Airline Association

stated that it supported the

Department’s proposed amendment to

Part 300. American declared that it had

no objection to the proposed change if

limited to docketed initial fitness

proceedings. Delta objected to ex parte

communications in any ‘‘controversial

cases involving significant issues of law

and/or public policy.’’ United stated

that it did not object to a change

allowing ex parte communications for

the purpose of clarifying factual issues

in routine fitness cases, such as

financial documents, personnel

backgrounds, or safety violations, but

maintained that ex parte

communications were not appropriate

in any type of fitness proceeding that

involved citizenship issues.

Delta declared that the proposed

change would allow ‘‘secret’’

communications between the

Department and the subjects of fitness

reviews in contested, controversial cases

where prohibitions on such

communications are particularly needed

to protect the rights of all parties and

the integrity of the Department’s