65600 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations

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

this AD, the replacement shall be done in

accordance with Dowty Aerospace Los

Angeles Service Bulletin 1150–27–04, dated

December 5, 1996. 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 Dowty Aerospace Los Angeles,

1700 Business Center Drive, Duarte,

California 91010–2859. 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

January 20, 1998.

Issued in Renton, Washington, on

December 8, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–32590 Filed 12–12–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–259–AD; Amendment

39–10247; AD 97–26–04]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–100, –200, –300, –400, and

–500 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 all Boeing Model 737–100,

–200, –300, –400, and –500 series

airplanes. This amendment requires a

one-time inspection to determine if

certain ailerons are installed on the

airplane. This amendment also requires

removing any defective aileron,

scrapping it, and replacing it with a new

or serviceable aileron. This amendment

is prompted by reports of failure of the

aileron due to an inappropriate repair

procedure. The actions specified in this

AD are intended to detect and correct

defective ailerons, which could result in

in-flight separation of an aileron from

the airplane and consequent reduced

controllability of the airplane.

DATES: Effective December 30, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

February 13, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

259–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Information concerning this

amendment may be obtained from or

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Greg

Schneider or Nenita Odesa, Aerospace

Engineers, Airframe Branch, ANM–

120S, FAA, Transport Airplane

Directorate, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2028 or (425) 227–2557; fax

(425) 227–1181.

SUPPLEMENTARY INFORMATION: The FAA

has received two reports of failure of the

aileron on Boeing Model 737 series

airplanes. In one incident, a two-foot

section of an aileron separated from the

airplane during descent, which resulted

in vibration of the flight controls. In the

second incident, 30 percent of an

aileron separated from the airplane

during climb. The flightcrew had to

input a significant amount of trim to

straighten the wings to a level position

prior to landing. This airplane had

accumulated 34 flight cycles since its

ailerons were rebuilt by Tramco Inc.

(doing business as BFGoodrich (BFG)

Aerospace, Repair Station HN6R593N).

Investigation revealed that the cause

of these failures has been attributed to

an inappropriate repair procedure

accomplished by BFG Aerospace.

During the process of rebuilding

ailerons, part number 65–46454–XX, for

Boeing Model 737–100, –200, –300,

–400, and –500 series airplanes, BFG

Aerospace did not use proper

procedures in the preparation of the

aileron surface prior to the lay-up of the

skin panel. As a result, the contact

surface between the skin and core did

not provide adequate adhesion

properties for the bonded skin panel.

BFG Aerospace has not located all of

the defective ailerons and has not

provided documentation which verifies

removal of the defective ailerons from

service.

Defective ailerons that are installed on

an airplane, if not detected and

corrected, could result in in-flight

separation of an aileron from the

airplane, which could result in reduced

controllability of the airplane.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other Boeing Model 737–

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

airplanes of the same type design, this

AD is being issued to detect defective

ailerons installed on an airplane, which

could result in in-flight separation of an

aileron from the airplane and

consequent reduced controllability of

the airplane. This AD requires a onetime visual inspection to determine if

certain ailerons are installed on the

airplane. This AD also requires

removing any defective aileron,

scrapping it, replacing it with a new or

serviceable aileron, and submitting an

inspection report to the FAA, if

necessary.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

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.

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
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations 65601

Docket Number 97–NM–259–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

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, 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:

97–26–04 Boeing: Amendment 39–10247.

Docket 97–NM–259–AD.

Applicability: All Model 737–100, –200,

–300, –400, and –500 series airplanes,

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 (d) 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 defective ailerons installed on an

airplane, which could result in in-flight

separation of an aileron from the airplane

and consequent reduced controllability of the

airplane, accomplish the following:

(a) Within 60 days after the effective date

of this AD, perform a one-time visual

inspection to determine if an aileron repaired

by Tramco Inc. (doing business as

BFGoodrich Aerospace, Repair Station

HN6R593N) having any of the following

serial numbers is installed on the airplane:

Affected Serial Numbers

BN23

BN49

BN56

BN59

BN167

BN180

BN206

BN236

162

237

(b) If any aileron is found with an affected

serial number identified in paragraph (a) of

this AD, accomplish paragraphs (b)(1) and

(b)(2) of this AD.

(1) Prior to further flight, remove the

defective aileron, and replace it with a new

or serviceable aileron. And

(2) Within 10 days after accomplishing the

inspection required by paragraph (a) of this

AD, submit a report of any findings of

ailerons specified in paragraph (a) of this AD

to the Manager, FAA, Transport Airplane

Directorate, Seattle Aircraft Certification

Office (ACO), 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056; telephone

(425) 227–2028; fax (425) 227–1181.

Information collection requirements

contained in this regulation have been

approved by the Office of Management and

Budget (OMB) under the provisions of the

Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.) and have been assigned OMB

Control Number 2120–0056.

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

person shall install on any airplane an

aileron having any serial number identified

in paragraph (a) of this AD.

(d) 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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(e) 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.

(f) This amendment becomes effective on

December 30, 1997.

Issued in Renton, Washington, on

December 9, 1997.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–32609 Filed 12–12–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–183–AD; Amendment

39–10242; AD 97–25–17]

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 a revision to the Airplane

Flight Manual (AFM) to include

procedures for the flightcrew to follow

in the event of radio altimeter height

malfunction. This amendment also

requires replacement of certain radio

altimeter antennas with improved

antennas, at which time the AFM

revision will no longer be required. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by this AD are intended to

prevent output of erroneous radio

altimeter height information to the

flightcrew and autopilot, which could

result in reduced ability of the

flightcrew to cope with adverse

operating conditions.

DATES: Effective January 20, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 20,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained