19158 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Rules and Regulations

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–46–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:

95–08–08 Boeing: Amendment 39–9197.

Docket 95–NM–46–AD.

Applicability: Model 737–200 and –200C

airplanes equipped with dB Partners Hush

Kit installed in accordance with

Supplemental Type Certificate (STC)

SA5730NM, 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 (c) 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 separation of the nose cowl

from the engine following turbine blade

failure, accomplish the following:

(a) Within 30 days after the effective date

of this AD, install fail-safe straps onto the

existing attach ring, in accordance with

Nordam Service Bulletin SB 71–03, dated

March 17, 1995.

(b) As of the effective date of this AD, failsafe straps must be installed onto the existing

attach ring of the nose cowl, in accordance

with Nordam Service Bulletin SB 71–03,

dated March 17, 1995, prior to installation of

STC SA5730NM on any airplane.

(c) 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, Seattle

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, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(d) 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.

(e) The installation shall be done in

accordance with Nordam Service Bulletin SB

71–03, dated March 17, 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 The

Nordam Group, 624 East 4th Street, Tulsa,

Oklahoma 74120. 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.

(f) This amendment becomes effective on

May 2, 1995.

Issued in Renton, Washington, on April 5,

1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8823 Filed 4–14–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–44–AD; Amendment

39–9198; AD 95–08–09]

Airworthiness Directives; McDonnell

Douglas Model MD–11 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 McDonnell

Douglas Model MD–11 series airplanes.

This action requires modification of the

support structure of the cargo liner. This

amendment is prompted by a report of

chafing and arcing in the vacuum waste

exhaust heater that caused a spark to

ignite the surrounding insulation

blankets. The actions specified in this

AD are intended to prevent fire and/or

smoke due to chafing and arcing of the

vacuum waste exhaust port heater.

DATES: Effective May 2, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 2,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

June 16, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

44–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from

McDonnell Douglas Corporation, P.O.

Box 1771, Long Beach, California

90801–1771, Attention: Business Unit

Manager, Technical Administrative

Support, Dept. L51, M.C. 2–98. This
Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Rules and Regulations 19159

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at FAA, Los Angeles

Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Brett Portwood, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Transport Airplane

Directorate, 3960 Paramount Boulevard,

Lakewood, California 90712–4137;

telephone (310) 627–5347; fax (310)

627–5210.

SUPPLEMENTARY INFORMATION: Recently,

an operator of McDonnell Douglas

Model MD–11 series airplanes reported

that chafing and arcing in the vacuum

waste exhaust heater caused a spark to

ignite the surrounding insulation

blankets. Investigation revealed that the

cutout in the baffle for the vacuum

waste exhaust duct rubbed against the

heater tape, which caused the heater

tape to chafe. (Split heater cuffs were

installed on the vacuum waste exhaust

ducts of these airplanes in accordance

with McDonnell Douglas Service

Bulletin 38–15, dated October 23, 1992.)

This condition, if not corrected, could

result in undetected fire and/or smoke

due to chafing and arcing of the vacuum

waste exhaust port heater.

The FAA has reviewed and approved

McDonnell Douglas Alert Service

Bulletin MD11–38A044, dated March

22, 1995, which describes procedures

for modification of the support structure

of the cargo liner. This modification

entails removing the baffle assemblies

and trimming the insulation blankets

surrounding the vacuum waste exhaust

duct, which will reduce chafing and

minimize the possibility of igniting the

insulation blanket.

The alert service bulletin includes

two groups of airplanes in its effectivity

listing: Airplanes identified as ‘‘Group

1’’ are equipped with split heater cuffs

that were installed, after delivery, on the

vacuum waste exhaust ducts of the

heaters of these airplanes in accordance

with McDonnell Douglas Service

Bulletin 38–15, dated October 23, 1992.

Airplanes identified as ‘‘Group 2’’ are

those on which the manufacturer

accomplished a similar modification

prior to delivery.

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design, this AD is being issued to

prevent fire and/or smoke due to

chafing and arcing of the heater. This

AD requires modification of the support

structure of the cargo liner of airplanes

identified in the alert service bulletin as

Group 1 airplanes. The actions are

required to be accomplished in

accordance with the alert service

bulletin described previously.

Although all of the airplanes

identified in the effectivity listing of the

referenced alert service bulletin have

had split heater cuffs installed on the

vacuum waste exhaust ducts, those

identified as Group 1 airplanes differ

significantly from those identified as

Group 2 airplanes: Group 1 airplanes

have had split heater cuffs installed on

the vacuum waste exhaust ducts, in

accordance with McDonnell Douglas

Service Bulletin 38–15, dated October

23, 1992; that service bulletin did not

adequately specify the minimum

distance between the baffle assemblies

and the vacuum waste exhaust duct.

Group 2 airplanes have had split heater

cuffs installed during production using

production drawings that adequately

specified the minimum distance

between the baffle assemblies and the

vacuum waste exhaust duct.

Consequently, because of the

configuration of this installation, the

FAA finds that the potential for chafing

and arcing to occur on Group 1

airplanes is much greater. Further, a

review of service history indicates that

no incidents of chafing and arcing have

occurred on Group 2 airplanes.

In light of this, the FAA has

determined that airplanes identified in

the alert service bulletin as Group 2

airplanes are not subject to the unsafe

condition. Accordingly, Group 2

airplanes have been excluded from the

requirements of this AD.

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 rule to clarify this

long-standing requirement.

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–44–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
19160 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Rules and Regulations

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:

95–08–09 McDonnell Douglas: Amendment

39–9198. Docket 95–NM–44–AD.

Applicability: Model MD–11 series

airplanes, as listed in McDonnell Douglas

Alert Service Bulletin MD11–38A044, dated

March 22, 1995, and identified as ‘‘Group 1

airplanes,’’ on which split heater cuffs have

been installed on the waste exhaust ducts of

heaters in accordance with McDonnell

Douglas MD–11 Service Bulletin 38–15,

dated October 23, 1992; 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 (c) 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 a fire and/or smoke due to

chafing and arcing of the heater, accomplish

the following:

(a) Within 30 days after the effective date

of this AD, modify the support structure of

the cargo liner, in accordance with

McDonnell Douglas MD–11 Alert Service

Bulletin MD11–38A044, dated March 22,

1995.

(b) As of the effective date of this AD, the

support structure of the cargo liner on any

airplane must be modified in accordance

with McDonnell Douglas Alert Service

Bulletin MD11–38A044, dated March 22

1995, prior to installing a vacuum waste

exhaust port heater, P/N 62–5745, in

accordance with McDonnell Douglas MD–11

Service Bulletin 38–15, dated October 23,

1992.

(c) 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.

(d) 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.

(e) The modification shall be done in

accordance with McDonnell Douglas Alert

Service Bulletin MD11–38A044, dated March

22, 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 McDonnell Douglas Corporation, P.O.

Box 1771, Long Beach, California 90801–

1771, Attention: Business Unit Manager,

Technical Administrative Support, Dept.

L51, M.C. 2–98. Copies may be inspected at

the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at FAA, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(f) This amendment becomes effective on

May 2, 1995.

Issued in Renton, Washington, on April 5,

1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8826 Filed 4–14–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 97

[Docket No. 28181; Amdt. No. 1658]

Standard Instrument Approach

Procedures; Miscellaneous

Amendments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes,

amends, suspends, or revokes Standard

Instrument Approach Procedures

(SIAPs) for operations at certain

airports. These regulatory actions are

needed because of the adoption of new

or revised criteria, or because of changes

occurring in the National Airspace

System, such as the commissioning of

new navigational facilities, addition of

new obstacles, or changes in air traffic

requirements. These changes are

designed to provide safe and efficient

use of the navigable airspace and to

promote safe flight operations under

instrument flight rules at the affected

airports.

DATES: An effective date for each SIAP

is specified in the amendatory

provisions.

Incorporation by reference—approved

by the Director of the Federal Register

on December 31, 1980, and reapproved

as of January 1, 1982.

ADDRESSES: Availability of matters

incorporated by reference in the

amendment is as follows:

For Examination—1. FAA Rules

Docket, FAA Headquarters Building,

800 Independence Avenue SW.,

Washington, DC 20591;

2. The FAA Regional Office of the

region in which the affected airport is

located; or

3. The Flight Inspection Area Office

which originated the SIAP.

For Purchase—Individual SIAP

copies may be obtained from:

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800

Independence Avenue SW.,

Washington, DC 20591; or

2. The FAA Regional Office of the

region in which the affected airport is

located.

By Subscription—Copies of all SIAPs,

mailed once every 2 weeks, are for sale

by the Superintendent of Documents,

U.S. Government Printing Office,

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Paul J. Best, Flight Procedures

Standards Branch (AFS–420), Technical

Programs Division, Flight Standard

Service, Federal Aviation