Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Rules and Regulations 78913

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–365–AD; Amendment

39–12041; AD 2000–25–07]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–100, –200, and –200C 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 Boeing Model 737–

100, –200, and –200C series airplanes.

This action requires repetitive

inspections of the aft end of each

inboard flap track of the wing outboard

flap, and corrective actions, if necessary.

This action is necessary to detect and

correct damage of the aft end of each

flap track, which could result in loss of

the outboard trailing edge flap and

consequent loss of controllability of the

airplane.

DATES: Effective January 2, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 2,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

February 16, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

365–AD, 1601 Lind Avenue, SW,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments may be submitted

via fax to (425) 227–1232. Comments

may also be sent via the Internet using

the following address: 9–anm–

iarcomment@faa.gov. Comments sent

via fax or the Internet must contain

‘‘Docket No. 2000–NM–365–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

this AD may be obtained from Boeing

Commercial Airplane Group, P.O. Box

3707, Seattle, Washington 98124–2207.

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:

Nenita Odesa, Aerospace Engineer,

Airframe Branch, ANM–120S; FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2557; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: The FAA

has received a report indicating that

cracking of the aft end of an inboard flap

track of the wing outboard flap was

found on a Model 737–200 series

airplane having improved flap tracks

installed. The cracking was found

during an inspection that was

conducted to resolve problems with the

trim that occurred during flight. The

airplane had accumulated 38,484 flight

cycles. The inner and outer webs of the

track, as well as the upper and lower

flanges, were severed. The only

component holding the aft end of the

flap track together was the fail-safe bar,

which was bolted to the flap track.

There was also a small section broken

off the upper outboard chord. Further

investigation revealed that the cracks

were caused by corrosion at the

fasteners that attach the fail-safe bar to

the inner and outer webs. Such

conditions, if not detected and

corrected, could result in loss of the

outboard trailing edge flap and

consequent loss of controllability of the

airplane.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing All Operator Message (AOM) M–

7200–00–01854, dated July 27, 2000,

which describes procedures for a close

(detailed) visual inspection to detect

damage (corrosion, cracking) of the aft

end of the left- and right-hand inboard

flap tracks of the wing outboard flap,

and corrective actions. The corrective

actions consist of, among other things,

repair or rework of any damaged flap

tracks.

Explanation of the Requirements of the

Rule

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

detect and correct damage of the aft end

of each flap track at the wing buttock

line of the inboard flap track of the wing

outboard flap, which could result in loss

of the outboard trailing edge flap and

consequent loss of controllability of the

airplane. This AD requires

accomplishment of the inspection and

corrective actions specified in the

service information described

previously, except as discussed below.

Differences Between All Operators

Message and This AD

Operators should note that the

effectivity listing of the AOM specifies

all Boeing Model 737–100 and –200

series airplanes. However, this AD is

applicable to certain Boeing Model 737–

100, –200, and –200C series airplanes

on which the flap tracks have certain

Boeing part numbers. The subject flap

tracks may have been removed from an

airplane and re-installed, without being

inspected, on another airplane.

Therefore, the FAA finds it necessary to

revise the applicability of this AD by

limiting the repetitive inspections to

only certain Boeing Model 737–100,

–200, and –200C series airplanes on

which certain flap tracks have been

installed.

The AOM specifies a one-time close

visual inspection of the aft end of the

left- and right-hand inboard flap tracks

of the wing outboard flap. This AD

requires the applicable inspection to be

repeated at intervals not to exceed 1,200

flight cycles, regardless of detection of

cracking. The FAA has determined that,

because of the safety implications and

consequences associated with fracture

of the aft end of each inboard flap track

of the wing outboard flap, repetitive

inspections are necessary.

The AOM references only one flap

track part number (P/N) 65–46428–25.

The FAA has determined that there are

other flap tracks with similar

configurations at the aft end that have

different P/N’s, and those flap tracks

would be subject to the same unsafe

condition.

Additionally, the AOM specifies that

the manufacturer may be contacted for

disposition of certain repair conditions,

however, this AD requires the repair of

those conditions to be accomplished per

a method approved by the FAA, or per

data meeting the type certification basis

of the airplane approved by a Boeing

Company Designated Engineering

Representative who has been authorized

by the FAA to make such findings.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

78914 Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Rules and Regulations

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.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the AD is being requested.

• Include justification (e.g., reasons or

data) for each request.

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 2000–NM–365–AD.’’

The postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect 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, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

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:

2000–25–07 Boeing: Amendment 39–12041.

Docket 2000–NM–365–AD.

Applicability: Model 737–100, –200, and

–200C series airplanes; on which the left- or

right-hand inboard flap tracks of the wing

outboard flap have a part number (P/N) listed

in Table 1 (below) of this AD; certificated in

any category.

TABLE 1.—BOEING FLAP TRACKS

SUBJECT TO THIS AD

Name Part Number

Boeing ................................... 65–46428–9

65–46428–15

65–46428–17

65–46428–19

65–46428–21

65–46428–23

TABLE 1.—BOEING FLAP TRACKS

SUBJECT TO THIS AD—Continued

Name Part Number

65–46428–25

65–46428–27

65–46428–33

65–46428–35

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 per

paragraph (c) 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 detect and correct damage of the aft end

of each inboard flap track of the wing

outboard flap, which could result in loss of

the outboard trailing edge flap and

consequent loss of controllability of the

airplane, accomplish the following:

Repetitive Inspections

(a) Do a detailed visual inspection to detect

damage (corrosion, cracking) of the aft end of

the left- and right-hand inboard flap tracks of

the wing outboard flap, per Boeing All

Operator Message (AOM) M–7200–00–01854,

dated July 27, 2000; at the latest of the times

specified in paragraphs (a)(1), (a)(2), and

(a)(3) of this AD. Repeat the inspection

thereafter at intervals not to exceed 1,200

flight cycles.

Note 2: For the purposes of this AD, a

detailed visual inspection is defined as: ‘‘An

intensive visual examination of a specific

structural area, system, installation, or

assembly to detect damage, failure, or

irregularity. Available lighting is normally

supplemented with a direct source of good

lighting at intensity deemed appropriate by

the inspector. Inspection aids such as mirror,

magnifying lenses, etc., may be used. Surface

cleaning and elaborate access procedures

may be required.’’

(1) Within 30 days after the effective date

of this AD.

(2) Within 1,200 flight cycles after the last

documented inspection or overhaul of the aft

end of each flap track.

(3) Before the accumulation of 15,000 total

flight cycles.

Corrective Actions

(b) If any damage (corrosion, cracking) is

detected, before further flight, repair or

rework the flap track per the ‘‘Repair and

Rework Instructions’’ specified in Boeing

AOM M–7200–00–01854, dated July 27,

2000. Where the AOM specifies that the

manufacturer may be contacted for

Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / Rules and Regulations 78915

disposition of certain corrective actions (i.e.,

repair and/or rework of the flaps), this AD

requires such repair and/or rework to be

done per a method approved by the Manager,

Seattle Aircraft Certification Office (ACO),

FAA; or per data meeting the type

certification basis of the airplane approved

by a Boeing Company designated engineering

representative (DER) who has been

authorized by the Manager, Seattle ACO, to

make such findings. For a repair method to

be approved by the Manager, Seattle ACO, as

required by this paragraph, the Manager’s

approval letter must specifically reference

this AD.

Alternative Methods of Compliance

(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

ACO. 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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permits

(d) Special flight permits may be issued per

§§ 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.

Incorporation by Reference

(e) Except as provided by paragraph (b) of

this AD, the actions shall be done per Boeing

All Operator Message M–7200–00–01854,

dated July 27, 2000. This incorporation by

reference was approved by the Director of the

Federal Register per 5 U.S.C. 552(a) and 1

CFR part 51. Copies may be obtained from

Boeing Commercial Airplane Group, P.O.

Box 3707, Seattle, Washington 98124–2207.

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.

Effective Date

(f) This amendment becomes effective on

January 2, 2001.

Issued in Renton, Washington, on

December 5, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–31448 Filed 12–15–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 99–ANM–16]

RIN 2120–AA66

Establishment of Restricted Area, ID

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes

Restricted Area 3203D (R–3203D) at

Orchard, ID. The Idaho Army National

Guard has requested that this restricted

area be established to support its annual

training requirements. This restricted

area will be established adjacent to the

existing R–3203A and be used for a

maximum of three weeks annually.

EFFECTIVE DATE: 0901 UTC, March 22,

2001.

FOR FURTHER INFORMATION CONTACT: Ken

McElroy, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

History

On April 25, 2000, the FAA proposed

to establish R–3203D, at Orchard, ID, to

provide essential ground maneuvering

space to meet the Idaho Army National

Guard annual training requirements (65

FR 24141). Interested parties were

invited to participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments were received objecting to

the proposal. Except for editorial

changes, and minor corrections to the

Southern boundary of R–3203D,

aligning it with the boundary of the

existing R–3202A, this amendment is

the same as that proposed in the Notice.

The coordinates for this airspace

docket are based on North American

Datum 83. Section 73.32 of part 73 of

the Federal Aviation Regulations was

republished in FAA Order 7400.8H

dated October 2, 2000.

The Rule

This amendment to 14 CFR part 73

(part 73) establishes R–3203D, Orchard,

ID, adjacent to the existing R–3203A to

assist the Idaho Army National Guard

annual training. The restricted area will

be effective for a period of time not

exceeding three weeks annually.

Expansion in the number of gun

batteries assigned to field artillery units,

along with requirements that each

assigned battery accomplish several

moves per day to different firing points,

has created the need to expand the

available restricted airspace, for a period

of time each year, to provide for more

effective annual training tests. All

artillery firing will be directed into

existing impact areas located

approximately in the center of R–3203A.

This restricted area is needed to provide

protected airspace to contain the

projectiles during flight between the

surface firing point and entry into the

existing restricted area.

The restricted area will be utilized for

a period of time not exceeding three

weeks per year by the Idaho Army

National Guard Field Artillery and will

be released to the FAA for public use

during periods when it is not required

for military training.

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.

Environmental Review

The FAA has reviewed the

environmental analysis contained

within the Army National Guard

Supplemental Environmental

Assessment for the fielding of the

Paladin Weapon System at Orchard

Training Area. We find it provides the

requisite update of the environmental

conditions presented in the Army

National Guard Environmental Impact

Statement (ARNG EIS) dated August

1988 entitled ‘‘Orchard Training Areas;

Birds of Prey Advisory Committee;

Endangered Species Survey.’’

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 73 as follows: