17440 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

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:

95–06–51 Lockheed Aeronautical Systems

Company: Amendment 39–9185. Docket

95–NM–32–AD.

Applicability: Model L–1011–385 series

airplanes; as listed in Lockheed Service

Bulletin 093–28–A091, dated March 8, 1995;

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 (f) 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 failure of a flexible fuel hose,

accomplish the following:

(a) Within 100 hours time-in-service or 10

days after the effective date of this AD,

whichever occurs first: Accomplish the

requirements of paragraphs (a)(1) and (a)(2)

of this AD in accordance with Lockheed

Service Bulletin 093–28–A091, dated March

8, 1995.

(1) Perform a visual inspection to detect

corrosion, severed braided strands, or fuel

leakage of the fuel feed line hose assembly,

part number (P/N) 96715–107 (Lockheed P/

N 740970–107), on engine number two. And

(2) Treat the ends of the fuel hose where

the collars are clamped to the braided

strands, and modify the heat-shrunk plastic

cover and steel identification band area.

(b) If no discrepancy is found during the

inspection required by paragraph (a) of this

AD: Following accomplishment of the

actions required by paragraph (a)(2) of this

AD, no further action is required by this AD.

(c) If any corrosion is found during any

inspection required by this AD: Prior to

further flight, accomplish either paragraph

(c)(1) or (c)(2) of this AD in accordance with

Lockheed Service Bulletin 093–28–A091,

dated March 8, 1995.

(1) Replace the fuel hose with a serviceable

part. Or

(2) Inspect the fuel hose thereafter on a

daily basis to detect ballooning of the hose.

If any ballooning is found, prior to further

flight, replace the fuel hose with a

serviceable part.

(d) If any severed braided strand or any

fuel leak is found during any inspection

required by this AD: Prior to further flight,

replace the fuel hose with a serviceable part

in accordance with Lockheed Service

Bulletin 093–28–A091, dated March 8, 1995.

(e) Replacement of the fuel hose assembly

with a fuel hose assembly having P/N

740970–113 or P/N 96715–107 (Lockheed P/

N 740970–107) constitutes terminating action

for the requirements of this AD.

Note 2: The preferred replacement fuel

hose assembly is P/N 740970–113.

(f) 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 (ACO), FAA,

Small 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, Atlanta ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(g) 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.

(h) The actions shall be done in accordance

with Lockheed Service Bulletin 093–28–

A091, dated March 8, 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

Lockheed Aeronautical Systems Support

Company (LASSC), Field Support

Department, Dept. 693, Zone 0755, 2251 Lake

Park Drive, Smyrna, Georgia 30080. Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at the FAA,

Small Airplane Directorate, Atlanta Aircraft

Certification Office, Campus Building, 1701

Columbia Avenue, Suite 2–160, College Park,

Georgia; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(i) This amendment becomes effective on

April 21, 1995, to all persons except those

persons to whom it was made immediately

effective by telegraphic AD T95–06–51,

issued on March 9, 1995, which contained

the requirements of this amendment.

Issued in Renton, Washington, on March

27, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8080 Filed 4–5–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–33–AD; Amendment

39–9189; AD 95–06–52]

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

T95–06–52 that was sent previously to

all known U.S. owners and operators of

certain Dornier Model 328–100 series

airplanes by individual telegrams. This

AD requires removal of the bypass

outlet plates from the lower cowlings of

both engines. This amendment is

prompted by reports of engine power

rollback/flameout due to ingestion of ice

into an engine. The actions specified by

this AD are intended to prevent

ingestion of ice into an engine, which

could result in engine power rollback/

flameout.

DATES: Effective April 21, 1995, to all

persons except those persons to whom

it was made immediately effective by

telegraphic AD T95–06–52, issued on

March 10, 1995, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17441

of the Federal Register as of April 21,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

June 6, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

33–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The applicable service information

may be obtained from Daimler-Benz

Aerospace, Dornier, P.O. Box 1103, D–

82230 Wessling, Federal Republic of

Germany. 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: Gary

Lium, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1112; fax (206) 227–1320.

SUPPLEMENTARY INFORMATION: On March

10, 1994, the FAA issued telegraphic

AD T95–06–52, which is applicable to

certain Dornier Model 328–100 series

airplanes.

That AD was prompted by a report

from the Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

the Federal Republic of Germany, which

advised the FAA of four incidents of

engine power rollback/flameout. The

cause of these incidents is still under

investigation; however, the ingestion of

ice into the engine has been identified

as a contributing factor.

Certain Dornier Model 328–100 series

airplanes are equipped with a plate that

partially covers the bypass duct outlet

port on the lower cowling of the air

intake for both engines. This plate

reduces air flow into the bypass duct,

thereby reducing the effectiveness of the

inertial separator. (The inertial separator

consists of a sharp bend in the inlet duct

that leads to the engine, and a bypass

duct positioned in a straight line with

the air intake ducting. Ice and other

foreign matter is unable to travel around

the bend in the ducting and thereby

reach the engine due to the inertia of the

foreign matter; such matter is swept

overboard through the bypass duct.)

Reduced effectiveness of the inertial

separator would permit ice ingestion

into the engine. The FAA has

determined that removal of the bypass

outlet plate on the lower cowlings of the

engines reduces the possibility of ice

ingestion into the engine.

Ingestion of ice into an engine, if not

reduced to an acceptable level, could

result in engine power rollback/

flameout.

Dornier has issued Service Bulletin

SB–328–71–086, dated March 6, 1995,

which describes procedures for removal

of the bypass outlet plates from the

lower cowlings of both engines.

Accomplishment of this modification

will increase the bypass ratio of the

engine inlet duct to prevent ingestion of

ice into an engine and possible engine

flameout. The LBA classified this

service bulletin as mandatory and

issued German airworthiness directive

95–156, dated March 8, 1995, in order

to assure the continued airworthiness of

these airplanes in the Federal Republic

of Germany.

This airplane model is manufactured

in the Federal Republic of Germany and

is type certificated for operation in the

United States under the provisions of

section 21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the LBA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the LBA,

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 the unsafe condition described

is likely to exist or develop on other

airplanes of the same type design

registered in the United States, the FAA

issued Telegraphic AD T95–06–52, to

require removal of the bypass outlet

plates from the lower cowlings of both

engines. The actions are required to be

accomplished in accordance with the

service bulletin previously described.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

telegrams issued on March 10, 1995, to

all known U.S. owners and operators of

certain Dornier Model 328–100 series

airplanes. These conditions still exist,

and the AD is hereby published in the

Federal Register as an amendment to

section 39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective as to all persons.

This AD 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.

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–33–AD.’’ The

postcard will be date stamped and

returned to the commenter.
17442 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

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:

95–06–52 Dornier: Amendment 39–9189.

Docket 95–NM–33–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3033

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 (f) 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 ingestion of ice into an engine,

which could result in engine power rollback/

flameout, accomplish the following:

(a) Prior to further flight into known or

forecast icing conditions, remove the bypass

outlet plate having part number (P/N)

001A716A2002000 or P/N 001A716E2012000

from the lower cowlings of the engines, in

accordance with Dornier Service Bulletin

SB–328–71–086, dated March 6, 1995.

(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 §§ 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 removal shall be done in

accordance with Dornier Service Bulletin

SB–328–71–086, dated March 6, 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

Daimler-Benz Aerospace, Dornier, P.O. Box

1103, D–82230 Wessling, Federal Republic of

Germany. 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

April 21, 1995, to all persons except those

persons to whom it was made immediately

effective by telegraphic AD T95–06–52,

issued on March 10, 1995, which contained

the requirements of this amendment.

Issued in Renton, Washington, on March

31, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8447 Filed 4–5–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 94–ANM–1]

Amend Class E Airspace; North Bend,

OR

AGENCY: Federal Aviation

Administration [FAA], DOT.

ACTION: Final rule.

SUMMARY: This action amends Class E

airspace at North Bend, Oregon, to

encompass a new Standard Instrument

Approach Procedure (SIAP) at North

Bend Municipal Airport, Oregon. The

area will be depicted on aeronautical

charts for pilot reference.

EFFECTIVE DATE: 0901 UTC, May 25,

1995.

FOR FURTHER INFORMATION CONTACT:

Ted Melland, System Management

Branch, ANM–530, Federal Aviation

Administration, Docket No. 94–ANM–1,

1601 Lind Avenue SW., Renton,

Washington 98055–4056; telephone

number: (206) 227–2536.

SUPPLEMENTARY INFORMATION:

History

On December 5, 1994, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to modify the North Bend, OR,

Class E airspace (59 FR 62361).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments were received. Class E

airspace designations are published in

paragraphs 6002 and 6005 of FAA Order

7400.9B dated July 18, 1994, and

effective September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Class E designations listed in

this document will be published

subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) amends the North Bend, OR,

Class E airspace by enlarging portions of

the class E airspace to encompass new

instrument procedures for aircraft

operations within controlled airspace.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which