Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations 17991

10161 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

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 reduced structural integrity of

a wing spar, accomplish the following:

(a) Perform an ultrasonic inspection to

detect cracks in the bolt holes inboard and

outboard of rib 9 on the bottom booms of the

front and rear wing spars, in accordance with

Airbus Service Bulletin A300–57–6037,

dated August 1, 1994, at the time specified

in paragraph (a)(1) or (a)(2) of this AD, as

applicable.

(1) For airplanes on which Airbus

Modification 8842 (reference Airbus Service

Bulletin A300–57–6039) has not been

installed: Prior to the accumulation of 17,000

total landings, or within 2,000 landings after

the effective date of this AD, whichever

occurs later. Repeat the inspection thereafter

at intervals not to exceed 9,000 landings.

(2) For airplanes on which Airbus

Modification 8842 has been installed: Prior to

the accumulation of 17,000 total landings

after accomplishment of Airbus Modification

8842, or within 2,000 landings after the

effective date of this AD, whichever occurs

later. Repeat the inspection thereafter at

intervals not to exceed 9,000 landings.

(b) If any crack is found, prior to further

flight, repair in accordance with Airbus

Service Bulletin A300–57–6037, dated

August 1, 1994. Thereafter, perform the

repetitive inspections required by paragraph

(a) of this AD.

(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,

Standardization Branch, FAA, Transport

Airplane Directorate, ANM–113. 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.

(d) 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.

(e) The inspections and repair shall be

done in accordance with Airbus Service

Bulletin A300–57–6037, dated August 1,

1994. 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 Airbus Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

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 10, 1995.

Issued in Renton, Washington, on March

29, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8173 Filed 4–7–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–NM–165–AD; Amendment

39–9188; AD 95–07–06]

Airworthiness Directives; British

Aerospace Model BAC 1–11–200 and

–400 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all British Aerospace

Model BAC 1–11–200 and –400 series

airplanes, that requires inspections of

the bearings of the aileron control

system, and correction of discrepancies.

This amendment is prompted by a

report indicating that an operator

experienced difficulties wherein

considerable pressure was required to

manually input roll control due to

seized bearings in the aileron control

system. The actions specified by this AD

are intended to prevent such seizure of

bearings, which could reduce the pilot’s

ability to initiate roll control during

critical phases of flight.

DATES: Effective May 10, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 10,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from British Aerospace, Airbus Limited,

P.O. Box 77, Bristol BS99 7AR, England.

This information may be examined at

the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 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:

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) 227–1320.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all British

Aerospace Model BAC 1–11–200 and

–400 series airplanes was published in

the Federal Register on December 15,

1994 (59 FR 64631). That action

proposed to require repetitive detailed

visual and physical inspections of the

bearings of the aileron control system,

and correction of discrepancies.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

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 added to this final rule to clarify

this long-standing requirement.

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

The FAA estimates that 31 airplanes

of U.S. registry will be affected by this
17992 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

1The Commission approved unanimously (3–0)

the motion of Chairman Ann Brown to require

AD, that it will take approximately 1

work hour per airplane, per inspection

to accomplish the required actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $1,860, or

$60 per airplane, per inspection.

The total cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

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.

For the reasons discussed above, I

certify that this action (1) Is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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:

95–07–06 British Aerospace Airbus Limited

(Formerly British Aerospace

Commercial Aircraft Limited, British

Aerospace Aircraft Group): Amendment

39–9188. Docket 94–NM–165–AD.

Applicability: All Model BAC 1–11–200

and –400 series airplanes, 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 (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 ensure the pilot’s ability to initiate roll

control during critical phases of the flight,

accomplish the following:

(a) Within 5 years from the date of

installation of the aileron control bearings or

within 6 months after the effective date of

this AD, whichever occurs later, perform a

detailed visual and physical inspection to

detect missing or damaged sealing rings,

corrosion, or restricted movement of the

bearings of the aileron control system, in

accordance with the Accomplishment

Instructions of British Aerospace Alert

Service Bulletin 27–A–PM6023, Issue No. 2,

dated November 23, 1992.

(1) If no discrepancies are found, repeat the

inspection requirements thereafter at

intervals not to exceed 14 months.

(2) If any discrepancy is found, prior to

further flight, replace the bearing with a new

bearing in accordance with the service

bulletin. Repeat the inspection required by

this paragraph within 5 years after

replacement of the bearings, and thereafter at

intervals not to exceed 14 months.

(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, FAA, Transport

Airplane Directorate, ANM–113. 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.

(d) The inspections and replacement shall

be done in accordance with British

Aerospace Alert Service Bulletin 27–A–

PM6023, Issue No. 2, dated November 23,

1992. 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 British Aerospace, Airbus Limited, P.O.

Box 77, Bristol BS99 7AR, England. 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.

(e) This amendment becomes effective on

May 10, 1995.

Issued in Renton, Washington, on March

29, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8172 Filed 4–7–95; 8:45 am]

BILLING CODE 4910–13–U

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1700

Requirements for Child-Resistant

Packaging; Requirements for Products

Containing Lidocaine or Dibucaine

AGENCY: Consumer Product Safety

Commission.

ACTION: Final rule.

SUMMARY: Under the Poison Prevention

Packaging Act of 1970, the Commission

issues a rule requiring child-resistant

packaging for products containing more

than 5.0 milligrams (mg) of lidocaine in

a single package or more than 0.5 mg of

dibucaine in a single package. These

requirements are issued because the

Commission has determined that childresistant packaging is required to protect

children under 5 years of age from

serious personal injury and serious

illness resulting from ingesting such

substances. Lidocaine and dibucaine are

used in prescription drugs and over-thecounter drug products that are applied

to the skin or mucous membranes to

provide an anesthetic effect.

DATE: The rule shall be effective on

April 10, 1996 and shall apply to subject

products that are packaged on or after

that date.1