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

43067

Vol. 62, No. 155

Tuesday, August 12, 1997

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–152–AD; Amendment

39–10102; AD 97–17–01]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–100 and –200 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Boeing Model 737–100

and –200 series airplanes, that requires

replacement of certain outboard and

inboard wheel halves with improved

wheel halves. This amendment also

requires cleaning and inspecting certain

outboard and inboard wheel halves for

corrosion, missing paint in large areas,

and cracks; and repair or replacement of

the wheel halves with serviceable wheel

halves, if necessary. This amendment is

prompted by a review of the design of

the flight control systems on Model 737

series airplanes. The actions specified

by this AD are intended to prevent

failure of the wheel flanges, which

could result in damage to the hydraulics

systems, jammed flight controls, loss of

electrical power, or other combinations

of failures; and consequent reduced

controllability of the airplane.

DATES: Effective September 16, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

16, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Allied Signal Aerospace Company,

Bendix Wheels and Brakes Division,

South Bend, Indiana 46624; and Bendix,

Aircraft Brake and Strut Division, 3520

Westmoor Street, South Bend, Indiana

46628–1373. 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:

David Herron, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Transport Airplane

Directorate, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2672; 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 all Boeing Model

737–100 and –200 series airplanes was

published in the Federal Register as a

supplemental notice of proposed

rulemaking (NPRM) on March 14, 1997

(62 FR 12123). That action proposed to

require replacement of certain outboard

and inboard wheel halves with

improved wheel halves. That action also

proposed to require cleaning and

inspecting certain outboard and inboard

wheel halves for corrosion, missing

paint in large areas, and cracks; and

repair or replacement of the wheel

halves with serviceable wheel halves, if

necessary.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

Two commenters support the

proposed rule.

Request To Withdraw the Proposal

One commenter states that review of

the design of the flight control systems

on Model 737 series airplanes occurred

on a military aircraft, yet military

airplanes are often subjected to harsh

operating environments and possibly

operate with a lower level of inspection

than is found in commercial aviation.

The commenter states that the existing

inspection schedules and inspection

techniques in accordance with the latest

manufacturer’s recommendations are

adequate to prevent an unsafe

condition. The FAA infers from these

remarks that the commenter requests the

proposed supplemental NPRM be

withdrawn.

The FAA does not concur with the

request to withdraw the supplemental

NPRM.

The FAA did not propose rulemaking

for the subject unsafe condition based

solely on a single event. The FAA

review of available service information

and the close proximity to the wheels of

certain types of equipment were

contributing factors in the FAA’s

finding of the subject unsafe condition.

Furthermore, the commenter did not

provide any evidence to support its

statement that military airplanes may

have a lower level of inspection than is

found in commercial aviation, nor did

the commenter provide any

substantiation for the statement that

existing inspections schedules and

techniques are adequate to prevent an

unsafe condition.

Request to Remove Certain Airplanes

From Applicability

One commenter, an operator, stated

that its airplanes are equipped with BF

Goodrich main wheels rather than

Bendix wheels. The FAA infers that the

operator requests that its airplanes be

removed from the applicability of this

rule.

The FAA concurs that airplanes

equipped with other than Bendix

wheels are not subject to the

requirements of this rule. Since the

applicability of this rule clearly states

that it applies only to airplanes

equipped with Bendix wheels, the FAA

finds that no change to the final rule is

necessary.

Request To Correct Serial Numbers of

the Wheel Halves

One commenter, the wheel half

manufacturer, requests that the serial

numbers of the inboard wheel halves be

revised based on its further research

into the manufacturing records of the

wheel halves. The manufacturer advises

that the revised serial numbers reflect

the elimination of certain serial

numbers of the wheel halves that have

been ‘‘beefed up;’’ therefore, those

certain serial numbers do not need to be

replaced. The manufacturer contends

that the correction of the serial numbers

will provide an economic benefit to

operators as the pool of useable wheel
43068 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

halves would potentially be increased

by 179 for inboard halves and 236 for

outboard halves. The wheel half

manufacturer also states that it has

issued Allied Signal, Aircraft Landing

Systems, Service Information Letter

(SIL) #619, dated February 26, 1997, that

corrects the serial numbers. Specifically,

the commenter requests that:

• Paragraph (a) of the proposal be

revised to read ‘‘* * * with an inboard

wheel half with serial number (S/N) B–

5898 or lower, or S/N H–1721 or lower;

or with an outboard wheel half with S/

N B–5898 or lower, or S/N H–0863 or

lower * * *’’

• Paragraph (b) of the proposal be

revised to read ‘‘* * * with an inboard

wheel half with S/N B–5898 or lower,

or S/N H–1721 or lower; or with an

outboard wheel half with S/N B–5898 or

lower, or S/N H–0863 or lower * * *’’

• Paragraph (b)(1) of the proposal be

revised to read ‘‘* * * and replace it

with an inboard wheel half having part

number (P/N) 2607046, S/N 5899 or

greater, or S/N H–1722 or greater.’’

• Paragraph (b)(2) of the proposal be

revised to read ‘‘* * * and replace it

with an outboard wheel half having P/

N 2607047, S/N B–5899 or greater, or S/

N H–0864 or greater.’’

The FAA concurs with the revision of

the serial numbers based on the

commenter’s justification. The final rule

has been revised as suggested by the

commenter.

Additionally, the FAA has added a

new ‘‘Note 2’’ to this final rule to

reference the SIL discussed by the

commenter as an additional source of

service information concerning

appropriate wheel half serial numbers.

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 634 Boeing

Model 737–100 and –200 series

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

241 airplanes of U.S. registry will be

affected by this AD.

The FAA estimates that it will take

approximately 4 work hours per

airplane to accomplish the required

replacement of wheel halves at an

average labor rate of $60 per work hour.

Required parts will cost approximately

$20,212 per airplane. Based on these

figures, the cost impact of the required

replacement on U.S. operators is

estimated to be $4,928,932, or $20,452

per airplane.

The FAA also estimates that it will

take approximately 2 work hours per

airplane to accomplish the required

cleaning and inspection at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

required cleaning and inspection on

U.S. operators is estimated to be

$28,920, or $120 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.

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.

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:

97–17–01 Boeing: Amendment 39–10102.

Docket 96–NM–152–AD.

Applicability: Model 737–100 and –200

series airplanes equipped with Bendix main

wheel assemblies having part number

2601571–1, 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 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 failure of the wheel flanges,

which could result in damage to the

hydraulics systems, jammed flight controls,

loss of electrical power, or other

combinations of failures and consequent

reduced controllability of the airplane,

accomplish the following:

Note 2: Allied Signal, Aircraft Landing

Systems, Service Information Letter #619,

dated February 26, 1997, is an additional

source of service information for appropriate

wheel half serial numbers.

(a) For airplanes equipped with a Bendix

main wheel assembly having part number (P/

N) 2601571–1 with an inboard wheel half

with serial number (S/N) B–5898 or lower, or

S/N H–1721 or lower; or with an outboard

wheel half with S/N B–5898 or lower, or S/

N H–0863 or lower; accomplish the

following:

(1) Within 180 days after the effective date

of this AD, and thereafter at each tire change

until the replacement required by paragraph

(b) of this AD is accomplished: Accomplish

the actions specified in paragraphs (a)(1)(i),

(a)(1)(ii), and (a)(1)(iii) of this AD, in

accordance with the Accomplishment

Instructions of Allied Signal Service Bulletin

No. 737–32–026, dated April 26, 1988.

(i) Clean any inboard and outboard wheel

half specified in paragraph (a) of this AD.

And

(ii) Inspect the wheel halves for corrosion

or missing paint. If any corrosion is found,

or if any paint is missing in large areas, prior

to further flight, strip or remove paint, and

remove any corrosion. And
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43069

(iii) Perform an eddy current inspection to

detect cracks of the bead seat area.

(2) If any cracking is found during the

inspections required by this paragraph, prior

to further flight, repair or replace the wheel

halves with serviceable wheel halves in

accordance with procedures specified in the

Component Maintenance Manual.

(b) For airplanes equipped with a Bendix

main wheel assembly having P/N 2601571–

1 with an inboard wheel half with S/N B–

5898 or lower, or S/N H–1721 or lower; or

with an outboard wheel half with S/N B–

5898 or lower, or S/N H–0863 or lower;

accomplish the following: Within 2 years

after the effective date of this AD, accomplish

the actions specified in paragraphs (b)(1) and

(b)(2) of this AD, in accordance with Bendix

Service Information Letter (SIL) 392,

Revision 1, dated November 15, 1979.

Accomplishment of the replacement

constitutes terminating action for the

repetitive inspections required by paragraph

(a) of this AD.

(1) Remove any inboard wheel half

specified in paragraph (b) of this AD, and

replace it with an inboard wheel half having

P/N 2607046, S/N 5899 or greater, or S/N H–

1722 or greater. And

(2) Remove any outboard wheel half

specified in paragraph (b) of this AD, and

replace it with an outboard wheel half having

P/N 2607047, S/N B–5899 or greater, or S/N

H–0864 or greater.

(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

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. 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.

(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.

(e) Certain actions shall be done in

accordance with Bendix Service Information

Letter (SIL) 392, Revision 1, dated November

15, 1979. Certain other actions shall be done

in accordance with Allied Signal Service

Bulletin No. 737–32–026, dated April 26,

1988. 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 Allied Signal Aerospace Company,

Aircraft Landing Systems, 3520 Westmoor

Street, South Bend, Indiana 46628–1373.

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.

(f) This amendment becomes effective on

September 16, 1997.

Issued in Renton, Washington, on August

4, 1997.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–20952 Filed 8–11–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ASW–11]

RIN 2120–AA66

Revision of the Legal Description of

the Dallas/Fort Worth Class B Airspace

Area, TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revises the legal

description of the Dallas/Fort Worth

(DFW) Class B airspace area by changing

its point of origin from the DFW Very

High Frequency Omnidirectional Range/

Tactical Air Navigation (VORTAC) to

the VORTAC’s present geographical

coordinates. The FAA is taking this

action due to the planned relocation of

the DFW VORTAC 3⁄4 nautical miles

(NM) west of its present location. The

intent of this action is to facilitate the

relocation of the DFW VORTAC without

changing the actual dimensions,

configuration, or operating requirements

of the DFW Class B airspace area.

EFFECTIVE DATE: 0901 UTC, September

11, 1997.

FOR FURTHER INFORMATION CONTACT:

Steve Brown, 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:

Background

On September 11, 1996, the FAA

published in the Federal Register a final

rule to modify the DFW Class B airspace

area (61 FR 47815). Specifically, the rule

raised the upper limit of the DFW Class

B airspace area from 10,000 feet mean

sea level (MSL) to 11,000 feet MSL in

some areas, reconfigured the northern

and southern sections, and redefined

several existing subareas.

The coordinates for this airspace

docket are based on North American

Datum 83. Class B airspace areas are

published in paragraph 3000 of FAA

Order 7400.9D, dated September 4,

1996, and effective September 16, 1996,

which is incorporated by reference in 14

CFR 71.1. The Class B airspace area

listed in this document will be

published subsequently in the Order.

The Rule

Due to construction on DFW airport

property occurring in close proximity to

the DFW VORTAC, the FAA will

relocate the VORTAC approximately 3⁄4

NM to the west, effective October 10,

1997. Since the current legal description

of the DFW Class B airspace area, as

published in the September 11, 1996,

final rule, is based on radials and

distances from the DFW VORTAC, the

relocation will necessitate a change to

the legal description of the Class B

airspace area. Accordingly, this action

changes the point of reference from the

DFW VORTAC to the VORTAC’s

present geographical coordinates. This

action will allow for the future

relocation of the DFW VORTAC without

altering the vertical or lateral limits of

the existing DFW Class B airspace area.

Since this action merely involves a

change in the legal description of the

DFW Class B airspace area, and does not

involve a change in the dimensions or

operating requirements of that airspace,

notice and public procedure under 5

U.S.C. 553(b) are unnecessary.

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. It, therefore—(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, when

promulgated, 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: