Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Rules and Regulations 19157

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.

(f) Special flight permits may be issued for

non-revenue bearing flights 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.

(g) The measurements, functional test,

inspections, and replacement shall be done

in accordance with Airbus All Operators

Telex 52 08, Revision 1, dated December 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.

(h) 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. 95–8822 Filed 4–14–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–46–AD; Amendment

39–9197; AD 95–08–08]

Airworthiness Directives; Boeing

Model 737–200 and –200C Airplanes

Equipped With dB Partners Hush Kits

Installed in Accordance With

Supplemental Type Certificate (STC)

SA5730NM

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 Boeing Model 737–

200 and –200C airplanes. This action

requires installation of fail-safe straps

onto the existing engine inlet attach ring

of the nose cowl. This amendment is

prompted by reports of failure of

reworked turbine blades, and

subsequent failure of the engine inlet

attach ring. The actions specified in this

AD are intended to prevent separation

of the nose cowl from the engine

following turbine failure.

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–

46–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from The

Nordam Group, 624 East 4th Street,

Tulsa, Oklahoma 74120. 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:

Thomas Rodriguez, Aerospace Engineer,

Airframe Branch, ANM–120S, Seattle

Aircraft Certification Office, FAA,

Transport Airplane Directorate, 1601

Lind Avenue SW., Renton, Washington;

telephone (206) 227–2779; fax (206)

227–1181.

SUPPLEMENTARY INFORMATION: Recently,

the FAA has received reports of failure

of reworked turbine blades on certain

Boeing Model 737–200 and –200C

airplanes. Investigation revealed that dB

Partners had installed hush kits on these

airplanes in accordance with

Supplemental Type Certificate (STC)

SA5730NM. As part of that installation,

a re-spaced inlet guide vane (RIGV),

which is five inches longer than the

original Boeing inlet, was installed in

accordance with the STC. As a result of

a turbine blade failure, this longer RIGV,

which is attached to the engine by an

attach ring, could separate from the

airplane during flight. This condition, if

not corrected, could result in damage to

other airplane structure or injury to

persons or property on the ground.

The FAA has reviewed and approved

Nordam Service Bulletin SB 71–03,

dated March 17, 1995, which describes

procedures for installation of eight failsafe straps onto the existing attach rings

of the nose cowl.

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 separation of the nose cowl

from the engine following turbine

failure. This AD requires installation of

fail-safe straps onto the existing attach

ring. The actions are required to be

accomplished in accordance with the

service bulletin described previously.

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

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
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