Federal Register / Vol. 67, No. 52 / Monday, March 18, 2002 / Rules and Regulations 11891

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting

and record keeping requirements.

The authority citation for these

special conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701,

44702, 44704.

The Special Conditions

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the following special

conditions are issued as part of the type

certification basis for Dassault Aviation

Fan Jet Falcon, Fan Jet Falcon Series C,

D, E, and F, and Mystere-Falcon 20–C5,

20–D5, 20–E5, and 20–F5 airplanes

modified by Garrett Aviation Services.

1. Protection from Unwanted Effects

of High-Intensity Radiated Fields

(HIRF). Each electrical and electronic

system that performs critical functions

must be designed and installed to

ensure that the operation and

operational capability of these systems

to perform critical functions are not

adversely affected when the airplane is

exposed to high intensity radiated

fields.

2. For the purpose of these special

conditions, the following definition

applies: Critical Functions: Functions

whose failure would contribute to or

cause a failure condition that would

prevent the continued safe flight and

landing of the airplane.

Issued in Renton, Washington, on March 6,

2002.

Kalene C. Yanamura,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 02–6365 Filed 3–15–02; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–21–AD; Amendment

39–12675; AD 2002–05–07]

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. For certain airplanes,

this action requires repetitive

inspections for discrepancies of the rear

spar attachments and cracks in the

upper flange of the inboard track at the

rear spar attachment of each outboard

flap, and eventual rework of the flap

track assembly and rear spar

attachments, including replacement of

the flap track with a new track, if

necessary. For all airplanes, this action

requires repetitive inspections for cracks

in the upper flange of the inboard flap

tracks at the rear spar attachments, and

corrective action, if necessary. The

actions specified by this AD are

intended to find and fix discrepancies of

the inboard tracks of the outboard flaps,

which could result in loss of the

outboard trailing edge flaps and

consequent reduced controllability of

the airplane. These actions are intended

to address the identified unsafe

condition.

DATES: Effective April 22, 2002.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 22,

2002.

ADDRESSES: 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

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:

James Blilie, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2131; fax (425) 227–1181.

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 Boeing Model 737–

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

series airplanes was published as a

supplemental notice of proposed

rulemaking (NPRM) in the Federal

Register on August 2, 2001 (66 FR

40162). That action proposed to expand

the applicability and remove the

optional terminating action of the

proposed AD. For certain airplanes, that

action proposed to require new

repetitive inspections for discrepancies

of the rear spar attachments and cracks

in the upper flange of the inboard track

at the rear spar attachment of each

outboard flap, and eventual rework of

the flap track assembly and rear spar

attachments, including replacement of

the flap track with a new track, if

necessary. For all airplanes, that action

proposed to require repetitive

inspections for cracks in the upper

flange of the inboard flap tracks at the

rear spar attachments, and corrective

action, 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 Clarify Compliance Time

Several commenters note that in

paragraphs (a) and (c)(1) of the

Supplemental NPRM, the phrase

‘‘whichever occurs later,’’ is used when

only one compliance time is given. They

ask that the compliance time be

clarified.

The FAA concurs that clarification is

required and, accordingly, has deleted

the phrase ‘‘whichever occurs later’’

from paragraphs (a) and (c)(1) of this

final rule.

Request to Clarify Which Airplanes Are

Subject to Paragraph (a) of the

Supplemental NPRM

One commenter points out that

paragraph (a) of the Supplemental

NPRM is applicable to all Model 737

series airplanes with line numbers 1

through 1585, whereas the service

bulletin cited is effective only for the

Model 737–100, –200, and –200C series

airplanes. The commenter requests

clarification as to the applicability of

paragraph (a) of the AD.

The FAA concurs that clarification is

necessary. Our intent was to have

paragraph (a) of this AD apply only to

the Model 737–100, –200, and –200C

series airplanes. Accordingly, we have

inserted the phrase ‘‘[for] Model 737–

100, –200, and –200C series [airplanes]’’

in paragraph (a) of this final rule to

specify the correct applicability.

Another commenter suggests that the

part of paragraph (a) of the

Supplemental NPRM which reads

‘‘* * * and airplanes with [line

numbers] L/N 870 through 1585 on

which the original flap tracks have been

replaced with certain tracks as specified

in Boeing Service Bulletin 737–

57A1249, Revision 1 * * *’’ could be

interpreted in two different ways. The

commenter requests clarification.

The FAA agrees that the sentence

could be misunderstood and,

accordingly, has revised the language in

paragraph (a) of this final rule to read

11892 Federal Register / Vol. 67, No. 52 / Monday, March 18, 2002 / Rules and Regulations

‘‘* * * and those airplanes with L/Ns

870 through 1585 inclusive, which

either still have their original flap tracks

or which have had the original flap

tracks replaced with certain tracks as

specified in Boeing Service Bulletin

737–57A1249, Revision 1 * * *’’

Request to Clarify Which Flap Tracks

Are Affected

One commenter states that the

Supplemental NPRM does not specify

which flap tracks are affected by

paragraph (a) of the AD. The commenter

requests that specific part numbers and

dash numbers be listed in the final rule.

The FAA does not concur. The intent

of paragraph (a) of this AD is to include

all flap tracks for Model 737–100, –200,

and –200C series airplanes with L/Ns 1

through 1585, except for certain flap

tracks which are specifically excluded

in the effectivity of the service bulletin.

Accordingly, no change has been made

to the final rule in this regard.

Request to Correct Reference to Part of

Accomplishment Instructions

One commenter indicates that

paragraph (d) of the Supplemental

NPRM, which requires repetitive

inspections for cracking in the upper

flange of the inboard track of each

outboard flap at the rear spar

attachments, should refer to Part I of the

Accomplishment Instructions rather

than Part II of those instructions.

The FAA concurs. The original

reference in the Supplemental NPRM to

Part II was an error. The language in

paragraph (d) of this final rule has been

changed accordingly.

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 with the changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

There are approximately 2,890 Boeing

Model 737–100, –200, –200C, –300,

–400, and –500 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 1,100 airplanes

of U.S. registry will be affected by this

AD.

It will take approximately 4 work

hours per airplane to accomplish the

required inspections at an average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the

required inspections on U.S. operators

is estimated to be $264,000, or $240 per

airplane.

It will take approximately 12 work

hours per airplane to accomplish the

required rework at an average labor rate

of $60 per work hour. Required parts

will cost approximately $532. Based on

these figures, the cost impact of the

required rework on U.S. operators is

estimated to be $1,377,200, or $1,252

per airplane.

The cost impact figures discussed

above are 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:

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:

2002–05–07 Boeing: Amendment 39–12675.

Docket 99–NM–21–AD.

Applicability: Model 737–100, –200,

–200C, –300, –400, and –500 series airplanes;

certificated in any category; EXCEPT

airplanes on which any replacement flap

tracks were installed according to Boeing

Service Bulletin 737–57–1203, dated

November 15, 1990, or production

equivalent.

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 (f) 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.

Note 2: Airplanes modified according to

Boeing Service Bulletin 737–57–1065 are

subject to additional work as described in

this AD and in Boeing Service Bulletin 737–

57A1249, Revision 1, dated June 1, 2000.

To find and fix discrepancies of the

inboard tracks of the outboard flaps, which

could result in loss of the outboard trailing

edge flaps and consequent reduced

controllability of the airplane, accomplish

the following:

Initial Inspections

(a) For Model 737–100, –200, and –200C

series airplanes with line numbers (L/N) 1

through 869 inclusive, and those airplanes

with L/Ns 870 through 1585 inclusive, which

either still have their original flap tracks or

which have had the original flap tracks

replaced with certain tracks as specified in

Boeing Service Bulletin 737–57A1249,

Revision 1, including Appendix A, dated

June 1, 2000: Within 6 months after the

effective date of this AD, accomplish the

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

of this AD, according to Boeing Service

Bulletin 737–57A1249, Revision 1, including

Appendix A, dated June 1, 2000.

(1) Perform a detailed visual inspection for

discrepancies (e.g., corrosion, or missing,

damaged, or migrated anti-fret strips and

tapered shims) of the rear spar attachments

of the flap tracks.

Federal Register / Vol. 67, No. 52 / Monday, March 18, 2002 / Rules and Regulations 11893

(2) Perform detailed visual, high frequency

eddy current (HFEC), and ultrasonic

inspections for cracking in the upper flange

of the inboard track of each outboard flap at

the rear spar attachments.

Note 3: Inspections and rework

accomplished according to Boeing Alert

Service Bulletin 737–57A1249, including

Appendix A, dated December 16, 1999, is

considered acceptable for compliance with

the applicable action specified in this AD.

Note 4: 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.’’

Repetitive Inspections

(b) For airplanes subject to paragraph (a) of

this AD: If no discrepancy is found during

any inspection required by paragraph (a) of

this AD, thereafter, repeat the inspections

specified in paragraph (a) of this AD at

intervals not to exceed 9 months, until the

actions required by paragraph (c) of this AD

have been accomplished.

Rework

(c) For airplanes subject to paragraph (a) of

this AD: At the applicable time specified in

paragraph (c)(1) or (c)(2) of this AD,

accomplish rework of the flap track assembly

and aft flap track attachments (including

removal of the flap track; a detailed visual

inspection for a missing, damaged, or

migrated anti-fret strip and tapered shim of

the rear spar attachments of the flap track;

replacement of the anti-fret strip with a new

aluminum anti-fret strip (or installation of an

aluminum strip if no strip is installed), as

applicable; replacement of the tapered shim

with a new shim (or installation of a shim if

no shim is installed); eddy current and

ultrasonic inspections for fatigue cracking of

the flap tracks; a detailed visual inspection

for corrosion of the flap tracks; and rework

of attachment holes), including replacement

of the flap tracks, as applicable, by

accomplishing all actions specified in Part II

of the Accomplishment Instructions of

Boeing Service Bulletin 737–57A1249,

Revision 1, including Appendix A, dated

June 1, 2000. Do these actions according to

that service bulletin, except as provided by

paragraph (e) of this AD. Accomplishment of

the actions required by this paragraph

constitutes terminating action for the

repetitive inspections required by paragraph

(b) of this AD.

(1) If no discrepancy is found during any

inspection required by paragraph (a) or (b) of

this AD: Do the rework within 24 months

after the effective date of this AD.

(2) If any discrepancy is found during any

inspection required by paragraph (a) or (b) of

this AD: Do the rework prior to further flight.

Repetitive Inspections

(d) For all airplanes: At the applicable time

specified in paragraph (d)(1) or (d)(2) of this

AD, and thereafter at least every 24 months,

perform detailed visual, HFEC, and

ultrasonic inspections for cracking in the

upper flange of the inboard track of each

outboard flap at the rear spar attachments

according to Part I of the Accomplishment

Instructions of Boeing Service Bulletin 737–

57A1249, Revision 1, including Appendix A,

dated June 1, 2000.

(1) For airplanes subject to paragraph (c) of

this AD, do the inspections within 10 years

after accomplishment of the rework

according to paragraph (c) of this AD.

(2) For airplanes other than those

identified in paragraph (d)(1) of this AD, do

the inspections within 10 years since the

airplane’s date of manufacture, or within 6

months after the effective date of this AD,

whichever occurs later.

Repair Instructions and Exception to

Procedures in Service Information

(e) If any discrepancy is found during any

action required by paragraphs (a), (b), or (c)

of this AD, and the service bulletin specifies

to contact Boeing for appropriate action; OR

if any discrepancy is found during

inspections according to paragraph (d) of this

AD: Prior to further flight, repair according

to a method approved by the Manager,

Seattle Aircraft Certification Office (ACO),

FAA; or according to 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 approval letter must specifically

reference this AD.

Alternative Methods of Compliance

(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, 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 5: 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

(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.

Incorporation by Reference

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

this AD, the actions shall be done in

accordance with Boeing Service Bulletin

737–57A1249, Revision 1, including

Appendix A, dated June 1, 2000. 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 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

(i) This amendment becomes effective on

April 22, 2002.

Issued in Renton, Washington, on March 8,

2002.

Kalene C. Yanamura,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 02–6201 Filed 3–15–02; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–46–AD; Amendment

39–12674; AD 2002–05–06]

RIN 2120–AA64

Airworthiness Directives; Sikorsky

Aircraft Corporation Model S–76A

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD)

for Sikorsky Aircraft Corporation Model

S–76A helicopters that currently

requires a service life limit on certain

landing gear parts based on hours timein-service (TIS). This amendment adds

another method of calculating the life

limit for certain landing gear parts based

on cycles and requires the operator to

choose and record the method of

calculating the service life of each part

in the rotorcraft history or equivalent

record. This amendment also requires

replacing the part based upon either the

maximum hours TIS or the maximum

cycles but not both. This amendment is

prompted by the need to add flight

cycles as a method of calculating the life

limit for certain landing gear parts based

on fatigue analyses. The actions

specified by this AD are intended to add

or revise the retirement life for certain

landing gear parts to prevent fatigue

failure of the landing gear and

subsequent loss of control of the

helicopter.

DATES: Effective April 22, 2002.

FOR FURTHER INFORMATION CONTACT:

Richard Noll, Aviation Safety Engineer,