This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

30801

Vol. 61, No. 118

Tuesday, June 18, 1996

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–18–AD; Amendment 39–

9669; AD 96–13–01]

RIN 2120–AA64

Airworthiness Directives; MDB

Flugtechnik AG Model MD3–160

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to MDB Flugtechnik AG Model

MD3–160 airplanes. This action requires

inserting a supplement Aircraft Flight

Manual (AFM), installing a placard

prohibiting aerobatics and spinning,

inspecting the nosewheel steering

system for damaged parts and improper

rigging, and if necessary, replacing the

parts and re-rigging the nosewheel

steering system (NWS). Two incidents

on certain MD3–160 airplanes while in

flight causing the airplanes to go into a

left spin and loose rudder control prior

to landing prompted this AD action. The

actions specified by this AD are

intended to prevent the rudder pedals

from locking up and the nosewheel

steering from disengaging, which if not

detected and corrected, could cause loss

of control of the airplane.

DATES: Effective July 12, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 12,

1996.

Comments for inclusion in the Rules

Docket must be received on or before

August 12, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 96–CE–18–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from MDB

Flugtechnik AG, Flugplatz, CH–3368

Bleienbach, Switzerland. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket 96–CE–18–AD, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Gregory J. Holt, Program Manager,

Brussels Aircraft Certification Office,

FAA, Europe, Africa, and Middle East

Office, c/o American Embassy, B–1000

Brussels, Belgium; telephone (322)

513.3830, ext. 2716; facsimile (322)

230.6899 or Mr. Roman T. Gabrys,

Project Officer, Small Airplane

Directorate, Aircraft Certification

Service, FAA, 1201 Walnut, suite 900,

Kansas City, Missouri 64106; telephone

(816) 426–6932; facsimile (816) 426–

2169.

SUPPLEMENTARY INFORMATION: The Swiss

Federal Office for Civil Aviation

(FOCA), which is the airworthiness

authority for Switzerland, recently

notified the FAA that an unsafe

condition may exist on MDB

Flugtechnik AG (Flugtechnik) Model

MD3–160 airplanes. The Swiss FOCA

advises that two incidents on certain

MD3–160 airplanes were caused by

disengagement of the nosewheel

steering while in flight making the

airplane roll into a left turn, which was

controllable with aileron inputs. The

airplane was able to land with restricted

rudder control. During the second

incident, the pilot was unable to reengage the nosewheel steering while in

flight and prior to landing, and rudder

control was never effected. In test

flights, the manufacturer has succeeded

at reproducing this rudder pedal lockup

under unusual combinations of

nosewheel steering angle, steering

disengage lever position, and rudder

pedal position. This situation can only

occur when the nose wheel steering

disengage link is rotated above its

disengage ‘‘neutral’’ position either by

excessive nosewheel rotation, or by

excessive rotation of the selector lever.

The NWS mechanism may be sensitive

to play in the nosewheel steering

damper block assembly at the top of the

nose leg and also sensitive to

inconsistencies in rigging procedures.

Further investigations have revealed

that it is possible to inadvertently

damage the disengage mechanism if the

nosewheel is maneuvered by a towbar

with the steering disengaged.

Flugtechnik has issued service

bulletin (SB) No. MD–SB–27–001,

Original Issue May 1995, which

specifies inserting a supplement to the

Aircraft Flight Manual (AFM),

fabricating and installing a placard on

the instrument panel, and inspecting the

NWS system and replacing any

damaged parts prior to further flight.

The Swiss FOCA classified this

service bulletin as mandatory and

issued airworthiness directive (AD) HB

95–303, dated July 17, 1995, in order to

assure the continued airworthiness of

these airplanes in Switzerland. This

airplane model is manufactured in

Switzerland 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 between the

United States and Switzerland. Pursuant

to this bilateral airworthiness

agreement, the Swiss FOCA has kept the

FAA informed of the situation described

above.

After examining the circumstances

and reviewing all available information

related to the incidents described above

including that received from the Swiss

FOCA, the FAA has determined that AD

action should be taken in order to

prevent the rudder pedals from locking

up and the nosewheel steering from

disengaging, which if not detected and

corrected, could cause loss of control of

the airplane.

Since an unsafe condition has been

identified that is likely to exist or

develop in other Flugtechnik Model

MD3–160 airplanes of the same type

design registered for operation in the

United States, this AD requires:

—inserting a supplement to the AFM

prohibiting aerobatics and spinning,

—fabricating and installing a placard in

the pilot’s clear view, that prohibits

aerobatics and spinning,

—inspecting the NWS engage/disengage

mechanism for extensive rotational
30802 Federal Register / Vol. 61, No. 118 / Tuesday, June 18, 1996 / Rules and Regulations

play, and if rotational play exists,

prior to further flight, adjusting the

rigging of the rudder/nosewheel

steering mechanism,

—inspecting the shimmy damper for a

bent piston rod, and if bent or the

damper bottoms out, prior to further

flight, replacing the damping pieces.

The actions are to be done in

accordance with the instructions in the

ACCOMPLISHMENT INSTRUCTIONS

section of MDB Flugtechnik AG Service

Bulletin No. MD–SB–27–001, Original

Issue May 1995.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting immediate flight safety and,

thus, was not preceded by notice and

opportunity to 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 should identify the

Rules Docket number and be submitted

in triplicate to the address specified

above. 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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 96–CE–18–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

and that must be issued immediately to

correct an unsafe condition in aircraft,

and 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

(otherwise, an evaluation is not

required). A copy of it, if filed, may be

obtained from the Rules Docket.

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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

96–13–01 MDB Flugtechnik AG:

Amendment 39–9669; Docket No. 96–

CE–18–AD.

Applicability: Model MD3–160 airplanes,

all serial numbers, 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 request approval for an

alternative method of compliance in

accordance with paragraph (h) 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 within the next 25

hours time-in-service (TIS) after the effective

date of this AD, and thereafter, as indicated

in this AD.

To prevent the rudder pedals from locking

up and the nosewheel steering (NWS) from

disengaging, which if not detected and

corrected, could cause loss of control of the

airplane, accomplish the following:

(a) Insert Temporary Flight Manual

Supplement No. TEMP AFM–001, dated

April 1995, into the MD3–160 Swiss Trainer

Airplane Flight Manual in accordance with

the ACCOMPLISHMENT INSTRUCTIONS

section, paragraph B(1) in Flugtechnik

Service Bulletin (SB) No. MD–SB–27–001,

Original Issue May 1995.

(b) Fabricate and install a placard, in an

area visible to the pilot (using letters no

smaller than 1⁄8-inch in height) with the

following language on the airplane

instrument panel:

‘‘AEROBATICS AND SPINNING IN

AEROBATIC AND UTILITY CATEGORY IS

PROHIBITED’’

(c) Inspect the shimmy damper for a bent

piston rod and proper operation in

accordance the ACCOMPLISHMENT

INSTRUCTIONS section, paragraphs D (1)

and (2) of Flugtechnik SB MD–SB–27–001,

Original Issue May 1995. If the piston rod is

bent, prior to further flight, replace the piston

rod in accordance with the applicable

portion of the airplane maintenance manual.

(d) Inspect the NWS engage/disengage

mechanism and rudder for proper rotation

position and excessive rotational play in

accordance with paragraphs E (1), (2), and (3)

of the service bulletin referenced in

paragraph (c) of this AD. If the rotation is not

correct or excessive play is evident, prior to

further flight, re-adjust the rigging for the

rudder/nosewheel steering mechanism in

accordance with the applicable portion of the

airplane maintenance manual.

(e) Inspect the nosewheel steering for

excessive play in the damping mechanism in

accordance with paragraphs F (1) through (5)

in the service bulletin referenced in

paragraph (c) of this AD. If any play exists,

prior to further flight, replace the damping

pieces and the console covers in accordance

with the applicable portion of the airplane

maintenance manual.

(f) After the initial inspections, repetitively

inspect, at intervals not to exceed 50 hours

TIS, in accordance with paragraphs (c), (d),

and (e) of this AD.

(g) 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.

(h) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Brussels Aircraft Certification

Office, FAA, Europe, Africa, and Middle East

Office, c/o American Embassy, B–1000

Brussels, Belgium. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Brussels Aircraft Certification Office.
Federal Register / Vol. 61, No. 118 / Tuesday, June 18, 1996 / Rules and Regulations 30803

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Brussels Aircraft

Certification Office.

(i) The inspections and replacements

required by this AD shall be done in

accordance with MDB Flugtechnik AG

Service Bulletin No. MD–SB–27–001,

Original Issue May 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 MDB Flugtechnik AG,

Flugplatz, CH–3368 Bleienbach, Switzerland.

Copies may be inspected at the FAA, Central

Region, Office of the Assistant Chief Counsel,

Room 1558, 601 E. 12th Street, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(j) This amendment (39–9669) becomes

effective on July 12, 1996.

Issued in Kansas City, Missouri, on June

11, 1996.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 96–15249 Filed 6–17–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 71

[Airspace Docket No. 95–AAL–3]

Alteration of Class E Airspace; Nome

and Unalakleet, AK

AGENCY: Federal Aviation

Administration [FAA], DOT.

ACTION: Final rule.

SUMMARY: This amendment amends the

Class E2 airspace at Unalakleet, AK, and

Class E5 airspace area at Nome, and

Unalakleet, Alaska, to provide

controlled airspace for aircraft executing

the Standard Instrument Approach

Procedure (SIAP) at the Nome and

Unalakleet Airports. The areas will be

depicted on aeronautical charts to

provide a reference for pilots operating

under VFR.

EFFECTIVE DATE: 0901 UTC, August 15,

1996.

FURTHER INFORMATION CONTACT: Robert

C. Durand, AAL–531, 222 West 7th

Avenue #14, Anchorage, AK, 99513–

7587; telephone: (907) 271–5898.

SUPPLEMENTARY INFORMATION:

History

On July 14,1995, the FAA proposed to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) by

amending the Class E2 surface areas and

the Class E5 airspace at Nome and

Unalakleet, AK (60 FR 37969). This

action was to provide controlled

airspace for newly developed

Microwave Landing System (MLS)

approaches at Nome and Unalakleet;

and a Global Positioning System (GPS)

Instrument Flight Rules (IFR) procedure

at the Unalakleet Airport. The

additional airspace will provide

required controlled airspace for aircraft

operating under IFR procedures. The

area would be depicted on appropriate

aeronautical charts thereby enabling

pilots to circumnavigate the area or

otherwise comply with IFR procedures.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

One comment objecting to the Nome,

AK, Class E2 proposal was received.

The FAA has reevaluated the airspace

requirements for the Nome MLS

approach to runway 9 and determined

that sufficient Class E2 airspace exists

and therefore, withdraws the proposal

to expand the Nome, AK, Class E2

airspace at this time. No other

comments were received. The Class E

airspace designations for surface areas

of an airport are published in paragraph

6002 of FAA Order 7400.9C, dated

August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1, and Class E airspace designations

for airspace areas extending upward

from 700 feet or more above the surface

of the earth are published in paragraph

6005 of FAA Order 7400.9C, dated

August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

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) revises the Class E2 surface area

at Unalakleet, AK, and revises the Class

E5 airspace at Nome and Unalakleet,

AK. This action will provide required

controlled airspace for IFR procedures

at the Nome and Unalakleet Airports

and allow charting of the airspace that

will enable pilots to circumnavigate the

area or otherwise comply with IFR

procedures.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation—(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)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120;

E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963

Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

Paragraph 6002 Class E airspace areas

designated as a surface area for an airport.

* * * * *

AAL AK E2 Unalakleet, AK [Revised]

Unalakleet Airport, AK

(Lat. 63°53′17′′N, long. 160°47′55′′W)

North River NDB

(Lat. 63°54′27′′N, long. 160°48′43′′W)

Unalakleet VORTAC

(Lat. 63°53′31′′N, long. 160°41′04′′W)

Within a 4.2-mile radius of Unalakleet

Airport and within 3.5 miles each side of the

North River NDB 314° bearing extending

from the 4.2-mile radius of Unalakleet

Airport to 8.4 miles west of the North River

NDB and within 1.6 miles each side of the

289° radial of the Unalakleet VORTAC

extending from the 4.2 mile radius to 11

miles west of the Unalakleet VORTAC. This

Class E airspace area is effective during the

specific dates and times established in

advance by Notice to Airmen. The effective

date and time will thereafter be continuously

published in the Supplement Alaska

(Airport/Facility Directory).

* * * * *

Paragraph 6005 Class E airspace areas

extending from 700 feet or more above the

surface of the earth.

* * * * *

AAL AK E5 Nome, AK [Revised]

Nome Airport, AK

(Lat. 64°30′44′′N, long. 165°26′43′′W)

Nome VORTAC