29274 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

Document No. Pages Date

Total pages: 9.

Textron Lycoming SI No. 1009AJ .................................................................................................................. 1–3 July 1, 1992.

Total pages: 3.

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 Textron Lycoming, Reciprocating

Engine Division, 652 Oliver St.,

Williamsport, PA 17701; telephone (717)

327–7278, fax (717) 327–7022. 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.

(i) This amendment becomes effective on

July 15, 1996.

Issued in Burlington, Massachusetts, on

May 22, 1996.

Robert E. Guyotte,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 96–14223 Filed 6–7–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–109–AD; Amendment

39–9655; AD 96–11–15]

RIN 2120–AA64

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)

96–11–15 that was sent previously to all

known U.S. owners and operators of

Dornier Model 328–100 series airplanes

by individual notices. This AD requires

that the Limitations Section of the FAAapproved Airplane Flight Manual

(AFM) be revised to restrict flight

altitude to a maximum of 10,000 feet

mean sea level (MSL). This AD also

requires replacement of ‘‘lightweight’’

windshields (left and right-hand) with

new windshields. This amendment is

prompted by reports indicating that the

outer face ply of ‘‘lightweight’’

windshields (left-hand and right-hand)

installed on these airplanes have

shattered or cracked while the airplane

was in flight. The actions specified by

this AD are intended to prevent

restriction of the flightcrew’s ability to

see through the windshields due to

shattering or cracking of the

windshields, and to continue to control

the airplane safely.

DATES: Effective June 17, 1996, to all

persons except those persons to whom

it was made immediately effective by

emergency AD 96–11–15, issued May

24, 1996, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 17,

1996.

Comments for inclusion in the Rules

Docket must be received on or before

August 9, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

109–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The applicable service information

may be obtained from Dornier Luftfahrt

GmbH, P.O. Box 1103, D–82230

Wessling, 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:

Connie Beane, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2796; fax (206) 227–1320.

SUPPLEMENTARY INFORMATION: On May

24, 1996, the FAA issued emergency AD

96–11–15, which is applicable to all

Dornier Model 328–100 series airplanes.

That action was prompted by reports

indicating that the outer face ply of

‘‘lightweight’’ windshields (left-hand

and right-hand) installed on several of

these airplanes had shattered or cracked

during flight of the airplane.

Investigation revealed that foreign

object damage (FOD) from sand or other

runway debris may cause small pits in

the windshield. During flight, normal

windshield flexing from cabin pressure

loads, or normal thermal stresses may

result in shattering or cracking of the

outer face ply of the windshield. The

observed failure rate is such that both

the pilot’s and copilot’s windshields

may be affected during the same flight.

This condition, if not corrected, could

result in a restriction of the flightcrew’s

ability to see through the windshield,

and to continue to control the airplane

safely.

The design of these ‘‘lightweight’’

windshields may not meet the

requirements of the Federal Aviation

Regulations, and has not been approved

by the FAA for installation on U.S.-

registered airplanes. Additionally, the

design of these windshields has not

been approved by the LuftfahrtBundesamt (LBA), which is the

airworthiness authority for Germany, for

installation on Dornier Model 328–100

series airplanes.

Explanation of Relevant Service

Information

Dornier has issued Service Bulletin

SB–328–56–165, dated April 19, 1996,

which describes procedures for

replacing ‘‘lightweight’’ windshields

with new windshields that are not

susceptible to the subject cracking and

shattering.

U.S. Type Certification of the Airplane

The Dornier Model 328–100 series

airplane is manufactured in 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.

Explanation of the Requirements of the

Rule

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 emergency AD 95–11–15 to

prevent restriction of the flightcrew’s

ability to see through the windshields

due to shattering or cracking of the

windshields, and to continue to control

the airplane safely. The AD requires that

the Limitations Section of the FAAapproved Airplane Flight Manual

(AFM) be revised to restrict flight

altitude to a maximum of 10,000 feet

mean sea level (MSL). This restriction is

intended to limit the flexing of the

windshield under cabin pressure loads

and reduce the potential for cracks to

develop.

The AD also requires replacement of

‘‘lightweight’’ windshields (left- and

right-hand) with new windshields. This
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29275

replacement is required to be

accomplished in accordance with the

Dornier service bulletin described

previously.

Additionally, the AD requires that

operators submit a report to the FAA

within 24 hours following any incident

of shattering or cracking of either front

windshield. This information will

enable the FAA to determine if

additional action is warranted.

Operators affected by the AD should

note that the Dornier service bulletin

recommends that the replacement be

accomplished within approximately six

months. Additionally, the manufacturer

also has advised the FAA that there may

be a delay in the availability of the

replacement windshields. However, the

FAA finds that the urgency associated

with addressing the subject unsafe

condition requires the replacement to be

accomplished within 45 days after

receipt of this AD. In developing this

compliance time, the FAA considered

the safety implications, the availability

of replacement parts, and the time

necessary to accomplish the

replacement. The FAA has determined

that sufficient parts can be made

available so that the replacement

required by this AD can be

accomplished within the 45-day

compliance time specified in this AD.

The FAA is closely monitoring this

situation, and may consider additional

rulemaking, if warranted, based on any

new data received.

Operators affected by the AD also

should note that Dornier has advised the

FAA that it is currently developing an

alternative method of compliance

(AMOC) that, if approved, would allow

relief from the 10,000 foot MSL altitude

limitation contained in paragraph (a) of

this AD. The FAA anticipates that this

proposal will be submitted in the near

future.

Publication and Effectivity of AD

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

notices issued on May 24, 1996, to all

known U.S. owners and operators of

Dornier 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.

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 96–NM–106–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

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. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–11–15 Dornier: Amendment 39–9655.

Docket 96–NM–109–AD.

Applicability: All Model 328–100 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

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been otherwise

modified, altered, or repaired so that the

performance of the requirements of this AD

is affected, the owner/operator must request

approval for an alternative method of

compliance in accordance with paragraph (e)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if the unsafe

condition has not been eliminated, the

request should include specific proposed

actions to address it.

Compliance: Required as indicated, unless

accomplished previously. To prevent

restriction of the flightcrew’s ability to see

through the windshields due to shattering or

cracking of the windshields, and to continue

to control the airplane safely; accomplish the

following:

(a) For airplanes on which a windshield

having Part Number (P/N) 001A561A0000204

is installed on the left-hand side of the

cockpit, or on which a windshield having P/
29276 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

N 001A561A0000205 is installed on the

right-hand side of the cockpit: Within

24 hours after receipt of this AD, revise

the Limitations Section of the FAAapproved Airplane Flight Manual

(AFM) to include the following

statement. This may be accomplished by

inserting a copy of this AD in the AFM.

‘‘Flight above 10,000 feet mean sea level

(MSL) is prohibited.’’

(b) For all airplanes: Within 45 days after

receipt of this AD, replace any windshield

having P/N 001A561A0000204 (left-hand

side), or P/N 001A61A0000205 (right-hand

side); with a new windshield having P/N

001A561A0000200 (left-hand side), or P/N

001A561A0000201 (right-hand side); in

accordance with Dornier Service Bulletin

SB–328–56–165, dated April 19, 1996.

Following this replacement, the AFM

limitation required by paragraph (a) of this

AD may be removed.

(c) For all airplanes: Within 24 hours

(clock hours, not flight hours) following any

incident of shattering or cracking of either

front windshield, submit a report containing

the serial number of the airplane and the part

number of the affected windshield to: Connie

Beane, Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate, 1601

Lind Avenue SW., Renton, Washington

98055–4056; fax (206) 227–1149. This

reporting requirement is applicable to

findings on all windshields, including the

replacement windshields required by

paragraph (b) of this AD. Information

collection requirements contained in this

regulation have been approved by the Office

of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB control number 2120–0056.

(d) As of the date of receipt of this AD, no

person shall install a windshield having P/

N 001A561A0000204 (left-hand side), or P/N

001A561A0000205 (right-hand side), on any

airplane.

(e) 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 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 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.

(g) The replacement shall be done in

accordance with Dornier Service Bulletin

SB–328–56–165, dated April 19, 1996. 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 Dornier

Luftfahrt GmbH, P.O. Box 1103, D–82230

Wessling, 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.

(h) This amendment becomes effective on

June 17, 1996, to all persons except those

persons to whom it was made immediately

effective by emergency AD 96–11–15, issued

May 24, 1996, which contained the

requirements of this amendment.

Issued in Renton, Washington, on May 31,

1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–14227 Filed 6–7–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–122–AD; Amendment

39–9659; AD 96–12–16]

RIN 2120–AA64

Airworthiness Directives; Beech

(Raytheon) Model BAe 125 Series 800A

and Model Hawker 800 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Beech (Raytheon)

Model BAe 125 series 800A and Model

Hawker 800 airplanes, that requires

modification of the airframe structure in

the lower area of the fuselage aft of the

wing rear spar. For certain airplanes,

this amendment also requires a

functional test to determine if a

particular bolt fouls the flap control

system. This amendment is prompted

by reports of restricted control of the

aileron due to water accumulation that

froze in the area around an aileron

pulley located in the lower area of the

fuselage aft of the wing rear spar. The

actions specified by this AD are

intended to prevent such water

accumulation, which could freeze and

result in restricted control of the

ailerons; subsequently, this could

reduce the pilot’s ability to initiate roll

control during critical phases of flight.

DATES: Effective July 15, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 15,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from Raytheon Aircraft Co., Manger

Service Engineering, Hawker Customer

Support Department, P.O. Box 85,

Wichita, Kansas 67201–0085. 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) 227–1149.

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 certain Beech

(Raytheon) Model BAe 125 series 800A

and Model Hawker 800 airplanes was

published in the Federal Register on

February 9, 1996 (61 FR 4943). That

action proposed to require modification

of the airframe structure in the lower

area of the fuselage aft of the wing rear

spar. For certain airplanes, that action

also proposed to require a functional

test to determine if a bolt fouls the flap

control system.

No Comments Received

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Editorial Changes Made to the Final

Rule

The FAA has revised the final rule to

correctly designate the affected airplane

models as ‘‘Beech (Raytheon) Model

BAe 125 series 800A and Model Hawker

800 airplanes.’’

Additionally, a new ‘‘Note 2’’ has

been added to the final rule to clarify

that airworthiness authorities of

countries in which Beech (Raytheon)

Model BAe 125 series 800B airplanes

are approved for operation should

consider adopting corrective action that

is similar to that required by this AD.

Those airplane models are not

certificated for operation in the United

States, but are similar in design to the

affected airplanes and, thus, may be

subjected to the same unsafe condition

addressed by this AD.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

previously described. The FAA has

determined that these changes will