56748 Federal Register / Vol. 67, No. 172 / Thursday, September 5, 2002 / Rules and Regulations 

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 

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 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 mailed 

comments submitted in response to this 

rule must submit a self-addressed, 

stamped postcard on which the 

following statement is made: 

‘‘Comments to Docket No. 2002–SW–

03–AD.’’ The postcard will be date 

stamped and returned to the 

commenter. 

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 a new airworthiness directive to 

read as follows:

2002–17–03 Bell Helicopter Textron, a 

Division of Textron Canada:

Amendment 39–12868. Docket No. 

2002–SW–03–AD. 

Applicability: Model 407 helicopters, with 

serial numbers less than 53480, certificated 

in any category.

Note 1: This AD applies to each helicopter 

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 helicopters 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 (b) 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 50 hours 

time-in-service, unless accomplished 

previously. 

To prevent a lack of electrical bonding that 

could result in an electrical arc, ignition of 

fuel vapors, and an onboard fire, accomplish 

the following: 

(a) Perform the fuel filler cap shimming 

and electrical bonding procedure in 

accordance with the Accomplishment 

Instructions in Bell Helicopter Textron Alert 

Service Bulletin No. 407–01–41, dated May 

23, 2001. 

(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, Regulations 

Group, Rotorcraft Directorate, FAA. 

Operators shall submit their requests through 

an FAA Principal Maintenance Inspector, 

who may concur or comment and then send 

it to the Manager, Regulations Group.

Note 2: Information concerning the 

existence of approved alternative methods of 

compliance with this AD, if any, may be 

obtained from the Regulations Group.

(c) Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to operate the helicopter to a location where 

the requirements of this AD can be 

accomplished. 

(d) The shimming and electrical bonding 

procedure shall be done in accordance with 

the Accomplishment Instructions in Bell 

Helicopter Textron Alert Service Bulletin No. 

407–01–41, dated May 23, 2001. 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 Bell 

Helicopter Textron Canada, 12,800 Rue de 

l’Avenir, Mirabel, Quebec J7J1R4. Copies 

may be inspected at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas; or at the Office of the Federal Register, 

800 North Capitol Street, NW., suite 700, 

Washington, DC. 

(e) This amendment becomes effective on 

September 20, 2002.

Note 3: The subject of this AD is addressed 

in Transport Canada (Canada) AD No. CF–

2001–34, dated September 20, 2001.

Issued in Fort Worth, Texas, on August 21, 

2002. 

David A. Downey, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service.

[FR Doc. 02–22174 Filed 9–4–02; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–256–AD; Amendment 

39–12873; AD 2002–18–01] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A320 and A321 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Airbus Model 

A320 and A321 series airplanes, that 

requires an inspection to detect trapped 

water in the elevator sandwich 

structure, reprotection of the elevator, 

and corrective actions if necessary. This 

action is necessary to prevent damage 

caused by water ingress into the 

elevator, which could lead to debonding 

of the elevator skins and degradation of 

the initial protection, and consequent 

reduced structural integrity of the 

airplane. This action is intended to 

address the identified unsafe condition.

Federal Register / Vol. 67, No. 172 / Thursday, September 5, 2002 / Rules and Regulations 56749

DATES: Effective October 10, 2002. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 10, 

2002.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Airbus Industrie, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2125; 

fax (425) 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 Airbus 

Model A320 and A321 series airplanes 

was published in the Federal Register

on February 22, 2002 (67 FR 8212). That 

action proposed to require an inspection 

to detect trapped water in the elevator 

sandwich structure, reprotection of the 

elevator, and corrective actions if 

necessary. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

comments received. 

Request To Extend Compliance Time 

One commenter requests that the 

proposed AD be revised to extend the 

compliance time threshold for the 

inspection from the proposed 18 months 

to 24 months. The commenter states that 

the proposed compliance time is not 

adequate to support a fleet campaign 

without operators requiring additional 

spare units at a cost of approximately 

$360,000 per set. The commenter 

estimates a total turnaround time for 

obtaining each elevator set at an average 

of 35 days. The commenter notes that 

the current requirements of the 

Maintenance Review Board Report 

(MRBR) for elevators are general visual 

inspections every 24 months and special 

detailed inspections every 60 months. 

The commenter concludes that a 

compliance time of 24 months would 

accommodate its fleet during scheduled 

maintenance visits without additional 

spares expense and would be within the 

safety guidelines of the MRBR. 

The FAA does not agree with the 

commenter’s request. In developing an 

appropriate compliance time for this 

AD, we considered not only the safety 

implications, but the manufacturer’s 

recommendations, the French 

airworthiness authority’s 

recommendations, the availability of 

spare parts, and the practical aspect of 

accomplishing the inspection within an 

interval of time that parallels normal 

scheduled maintenance for affected 

operators. In consideration of all of 

these factors, we have determined that 

the compliance time, as proposed, 

represents an appropriate interval in 

which the inspection can be 

accomplished in a timely manner 

within the fleet and still maintain an 

adequate level of safety. However, under 

the provisions of paragraph (c) of the 

final rule, we may approve requests for 

adjustments to the compliance time if 

data are submitted to substantiate that 

such an adjustment would provide an 

acceptable level of safety. No change to 

the final rule is necessary in this regard. 

Request to Revise Cost Impact Estimate 

One commenter states that the cost 

estimate presented in the preamble to 

the proposed AD is understated and 

does not include the cost of repairs for 

unit shop visits. The commenter also 

states the cost of these repairs would 

increase the per airplane estimate to 

approximately $75,000. 

From this comment, we infer that the 

commenter is requesting that the cost 

impact estimate be revised. We do not 

agree. The economic analysis of the AD 

is limited only to the cost of actions 

actually required by the rule. It does not 

consider the costs of ‘‘on condition’’

actions, such as repairing a crack if one 

is detected during a required inspection 

(‘‘repair, if necessary’’). Such ‘‘oncondition’’ repairs actions would be 

required to be accomplished—regardless 

of AD direction—in order to correct an 

unsafe condition identified in an 

airplane and to ensure operation of that 

airplane in an airworthy condition, as 

required by the Federal Aviation 

Regulations. Therefore, no change to the 

final rule is necessary in the regard.

Conclusion 

After careful review of the available 

data, including the comments noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

The FAA estimates that 91 airplanes 

of U.S. registry will be affected by this 

AD, that it will take approximately 52 

work hours per airplane to accomplish 

the required actions, and that the 

average labor rate is $60 per work hour. 

Based on these figures, the cost impact 

of the AD on U.S. operators is estimated 

to be $283,920, or $3,120 per airplane. 

The cost impact figure discussed 

above is based on assumptions that no 

operator has yet accomplished any of 

the requirements of this AD action, and 

that no operator would accomplish 

those actions in the future if this AD 

were not adopted. The cost impact 

figures discussed in AD rulemaking 

actions represent only the time 

necessary to perform the specific actions 

actually required by the AD. These 

figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

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. 

For the reasons discussed above, I 

certify that this action (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) 

will not have a significant economic 

impact, positive or negative, on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it 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:

56750 Federal Register / Vol. 67, No. 172 / Thursday, September 5, 2002 / Rules and Regulations 

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:

2002–18–01 Airbus: Amendment 39–12873. 

Docket 2001–NM–256–AD.

Applicability: Model A320 and A321 series 

airplanes, certificated in any category; having 

elevator part and serial numbers listed in 

Airbus Service Bulletin A320–55–1024, 

dated January 13, 1999; excluding those 

modified per Airbus Modification 23558.

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 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 (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 prevent damage caused by water ingress 

into the elevator, which could lead to 

debonding of the elevator skins and 

degradation of the initial protection and 

consequent reduced structural integrity of the 

airplane, accomplish the following: 

Inspection and Follow-on/Corrective Actions 

(a) Within 18 months after the effective 

date of this AD, or within 10 years after the 

date of manufacture of the airplane, 

whichever occurs later: Perform a 

thermographic inspection to detect trapped 

water in the elevator sandwich structure, in 

accordance with Airbus Service Bulletin 

A320–55–1024, dated January 13, 1999. 

(1) If no water is detected: Before further 

flight, reprotect the elevator in accordance 

with the service bulletin. 

(2) If any water is detected: Before further 

flight, evaluate the damage, perform 

applicable repair of any damaged area, and 

reprotect the elevator, in accordance with the 

service bulletin. If any damage is detected for 

which the service bulletin specifies to 

contact Airbus for appropriate action: Before 

further flight, repair in accordance with a 

method approved by either the Manager, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate; or the 

Direction Ge ́ne ́rale de l’Aviation Civile (or its 

delegated agent).

Note 2: Airbus Service Bulletin A320–55–

1024 refers to Airbus Service Bulletin A320–

55–1022, Revision 01, dated March 30, 2001, 

as an additional source of service information 

for enlarging the drainage holes in the 

elevator.

Spares 

(b) As of the effective date of this AD, no 

person may install on any airplane an 

elevator having a part number and serial 

number listed in Airbus Service Bulletin 

A320–55–1024, dated January 13, 1999, 

unless the requirements of this AD have been 

accomplished on that elevator. 

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, Manager, 

International Branch, ANM–116, FAA. 

Operators shall submit their requests through 

an appropriate FAA Principal Maintenance 

Inspector, who may add comments and then 

send it to the Manager, International Branch, 

ANM–116.

Note 3: Information concerning the 

existence of approved alternative methods of 

compliance with this AD, if any, may be 

obtained from the International Branch, 

ANM–116.

Special Flight Permits 

(d) 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. 

Incorporation by Reference 

(e) Unless otherwise indicated in this AD, 

the actions shall be done in accordance with 

Airbus Service Bulletin A320–55–1024, 

dated January 13, 1999. 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.

Note 4: The subject of this AD is addressed 

in French airworthiness directive 2001–

062(B), dated February 21, 2001.

Effective Date 

(f) This amendment becomes effective on 

October 10, 2002.

Issued in Renton, Washington, on August 

26, 2002. 

Vi L. Lipski, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 02–22175 Filed 9–4–02; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–344–AD; Amendment 

39–12874; AD 2002–18–02] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–100, –200, –200C, –300, 

–400, and –500 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Boeing Model 737–

100, –200, –200C, –300, –400, and –500 

series airplanes, that requires a one-time 

inspection to determine whether the 

lower bearing support of the aileron 

transfer mechanism directly below the 

first officer’s control column has a 

‘‘pocket,’’ and follow-on corrective 

actions, if necessary. The actions 

specified by this AD are intended to 

prevent jamming of the first officer’s 

control wheel due to the presence of a 

foreign object on the lower bearing 

support of the transfer mechanism, 

which could result in reduced 

controllability of the airplane. This 

action is intended to address the 

identified unsafe condition.

DATES: Effective October 10, 2002. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 10, 

2002.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Boeing Commercial Airplane 

Group, PO Box 3707, Seattle, 

Washington 98124–2207. 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:

Technical Information: Doug Tsuji, 

Aerospace Engineer, Systems and 

Equipment Branch, ANM–130S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–1506; fax (425) 227–1181. 

Other Information: Sandi Carli, 

Airworthiness Directive Technical 

Editor/Writer; telephone (425) 687–

4243, fax (425) 227–1232. Questions or 

comments may also be sent via the