Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations 59703

inspection program for the doorjamb corners

identified in the service bulletin. The new

inspection program shall be approved by the

Manager, Los Angeles Aircraft Certification

Office (ACO), FAA.

Note 5: Requests for approval of inspection

procedures of the permanent repairs that are

proposed for inclusion in the FAA-approved

maintenance or inspection program, as

required by this AD, should include a

damage tolerance assessment.

Group 4 Airplanes: Inspection(s) and

Repair, If Necessary

(e) For airplanes identified as Group 4 in

McDonnell Douglas Service Bulletin DC8–

53–075, dated August 17, 1995: Within

17,000 landings following accomplishment of

the modification specified in the service

bulletin, perform an inspection to detect

cracks of the doorjamb corners, in accordance

with the service bulletin.

(1) If no crack is detected during any

inspection required paragraph (e) of this AD,

repeat the inspection thereafter at intervals

not to exceed 4,400 landings.

(2) If any crack is detected during any

inspection required by paragraph (e) of this

AD, prior to further flight, repair in

accordance with the service bulletin, except

as provided by paragraph (f) of this AD.

Exception to Procedures Specified in the

Referenced Service Bulletin

(f) Where McDonnell Douglas Service

Bulletin DC8–53–075, dated August 17, 1995,

specifies that the manufacturer may be

contacted for disposition of certain repair

conditions, this AD requires the repair of

those conditions to be accomplished in

accordance with a method approved by the

Manager, Los Angeles ACO.

Alternative Methods of Compliance

(g) 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, Los

Angeles ACO. Operators shall submit their

requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Los Angeles ACO.

Note 6: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

Special Flight Permits

(h) Special flight permits may be issued in

accordance with §§ 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

(i) Except as provided by paragraphs (d)

and (f) of this AD, the actions shall be done

in accordance with McDonnell Douglas

Service Bulletin DC8–53–075, dated August

17, 1995. 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 Aircraft Group,

Long Beach Division, 3855 Lakewood

Boulevard, Long Beach, California 90846,

Attention: Technical Publications Business

Administration, Dept. C1–L51 (2–60). Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at the FAA, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

Effective Date

(j) This amendment becomes effective on

November 13, 2000.

Issued in Renton, Washington, on

September 28, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–25432 Filed 10–5–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–308–AD; Amendment

39–11920; AD 2000–20–09]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 757 Series Airplanes Powered

by Pratt & Whitney Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 757

series airplanes, that requires

modification of the nacelle strut and

wing structure. This amendment is

prompted by reports indicating that the

actual operational loads applied to the

nacelle are higher than the analytical

loads that were used during the initial

design. Such an increase in loading can

lead to fatigue cracking in primary strut

structure prior to an airplane reaching

its design service objective. The actions

specified by this AD are intended to

prevent fatigue cracking in primary strut

structure and consequent reduced

structural integrity of the strut.

DATES: Effective November 13, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

13, 2000.

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:

Dennis Stremick, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2776; 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 certain Boeing

Model 757 series airplanes was

published in the Federal Register on

June 7, 2000 (65 FR 36095). That action

proposed to require modification of the

nacelle strut and wing structure.

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.

One commenter supports the

proposed rule.

One commenter states that it does not

operate Boeing Model 757 series

airplanes powered by Pratt & Whitney

engines and is not affected by the

proposed rule.

Contact Manufacturer for Approval of

Repairs

One commenter states that the

instructions specified in paragraph (c) of

the proposal do not clearly identify who

should be contacted if any damage to

the airplane structure is found during

accomplishment of the modification

referenced in the proposal. The

commenter states that, based on

instructions in Boeing Service Bulletin

757–54–0034, and the fact that the

manufacturer is more knowledgeable

about the modifications necessary;

paragraph (c) should be revised to

include contacting the manufacturer for

repair of any damage.

The FAA concurs with the

commenter’s request, however, although

Boeing Service Bulletin 757–54–0034

specifies that the manufacturer may be

contacted for disposition of certain

damage conditions, this AD requires the

repair of those conditions to be

accomplished in accordance with a

method approved by the Manager,

Seattle Aircraft Certification Office

59704 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations

(ACO), FAA, or data meeting the type

certification basis of the airplane

approved by a Boeing Company

Designated Engineering Representative

(DER) who has been authorized by the

FAA to make such findings. Paragraph

(c) of this final rule has been revised to

add Boeing DER approval for repairs.

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 change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Cost Impact

There are approximately 317

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

278 airplanes of U.S. registry will be

affected by this AD.

It will take approximately 800 work

hours per airplane to accomplish the

required modification of the nacelle

strut and wing structure described in

Boeing Service Bulletin 757–54–0034, at

an average labor rate of $60 per work

hour. Required parts will be provided at

no cost by the airplane manufacturer.

Based on these figures, the cost impact

of this required modification on U.S.

operators is estimated to be $13,344,000,

or $48,000 per airplane.

It will take approximately 26 work

hours per airplane to accomplish the

actions described in Boeing Service

Bulletin 757–54–0027, Revision 1, at an

average labor rate of $60 per work hour.

Required parts will be provided at no

cost by the airplane manufacturer.

Based on these figures, the cost impact

of these required actions on U.S.

operators is estimated to be $433,680, or

$1,560 per airplane.

It will take approximately 90 work

hours per airplane to accomplish the

actions described in Boeing Service

Bulletin 757–54–0036, at an average

labor rate of $60 per work hour.

Required parts will be provided at no

cost by the airplane manufacturer.

Based on these figures, the cost impact

of these required actions on U.S.

operators is estimated to be $1,501,200,

or $5,400 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:

2000–20–09 Boeing: Amendment 39–11920.

Docket 99–NM–308–AD.

Applicability: Model 757 series airplanes

powered by Pratt & Whitney engines, line

numbers 1 through 735 inclusive, 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 prevent fatigue cracking in primary

strut structure and consequent reduced

structural integrity of the strut, accomplish

the following:

Modifications

(a) Modify the nacelle strut and wing

structure on both the left and right sides of

the airplane, in accordance with Boeing

Service Bulletin 757–54–0034, dated May 14,

1998, at the later of the times specified in

paragraph (a)(1) or (a)(2) of this AD.

(1) Prior to the accumulation of 37,500

total flight cycles, or within 20 years since

the date of manufacture, whichever occurs

first. Use of the optional threshold formula

described in paragraph I.D. of the service

bulletin is an acceptable alternative to the 20-

year threshold.

(2) Within 3,000 flight cycles after the

effective date of this AD.

(b) Prior to or concurrently with the

accomplishment of the modification of the

nacelle strut and wing structure required by

paragraph (a) of this AD; as specified in

paragraph I.D., Table I, ‘‘Strut Improvement

Bulletins,’’ on page 5 of Boeing Service

Bulletin 757–54–0034, dated May 14, 1998;

accomplish the actions specified in Boeing

Service Bulletin 757–54–0027, Revision 1,

dated October 27, 1994, and Boeing Service

Bulletin 757–54–0036, dated May 14, 1998,

as applicable, in accordance with those

service bulletins.

Repair

(c) If any damage to airplane structure is

found during the accomplishment of the

modification required by paragraph (a) of this

AD; and the service bulletin specifies to

contact Boeing for appropriate action: Prior

to further flight, repair in accordance with a

method approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA; or

in accordance with 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

(d) An alternative method of compliance or

adjustment of the compliance time that

Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations 59705

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.

Special Flight Permits

(e) Special flight permits may be issued in

accordance with §§ 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

(f) Except as provided by paragraph (c) of

this AD, the actions shall be done in

accordance with Boeing Service Bulletin

757–54–0034, dated May 14, 1998; Boeing

Service Bulletin 757–54–0027, Revision 1,

dated October 27, 1994; and Boeing Service

Bulletin 757–54–0036, dated May 14, 1998;

as applicable. 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

(g) This amendment becomes effective on

November 13, 2000.

Issued in Renton, Washington, on

September 28, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–25433 Filed 10–5–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–29–AD; Amendment

39–11918; AD 2000–20–07]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company Beech Models 1900,

1900C, and 1900D Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Raytheon Aircraft

Company (Raytheon) Beech Models

1900, 1900C, and 1900D airplanes. This

AD requires you to modify the cockpit

voice recorder (CVR) system. This AD is

the result of instances where the

recording quality of the CVR in the

affected airplanes was so poor that the

information was practically

unrecoverable. The actions specified by

this AD are intended to correct

substandard quality cockpit voice

recordings caused by the configuration

of the present CVR system, which could

affect air safety if important information

that the CVR provides is not available

after an accident. This information

helps determine the probable cause of

an accident and aids in developing

necessary corrective action or design

changes to prevent future accidents.

DATES: This AD becomes effective on

November 22, 2000.

The Director of the Federal Register

approved the incorporation by reference

of certain publications listed in the

regulation as of November 22, 2000.

ADDRESSES: You may get the service

information referenced in this AD from

the Raytheon Aircraft Company, PO Box

85, Wichita, Kansas 67201–0085;

telephone: (800) 625–7043 or (316) 676–

4556.

You may examine this information at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 2000–CE–29–AD, 901

Locust, Room 506, Kansas City,

Missouri 64106; or at the Office of the

Federal Register, 800 North Capitol

Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Harvey E. Nero, Aerospace Engineer,

Wichita Aircraft Certification Office,

FAA, 1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone: (316) 946–4137; facsimile:

(316) 946–4407.

SUPPLEMENTARY INFORMATION:

Discussion

What caused this AD? The FAA has

received reports of six instances where

the recording quality of the cockpit

voice recorder (CVR) system in

Raytheon Beech Models 1900, 1900C,

and 1900D airplanes was so poor that

the information was practically

unrecoverable.

Has FAA taken any action to this

point? We issued a proposal to amend

part 39 of the Federal Aviation

Regulations (14 CFR part 39) to include

an AD that would apply to certain

Raytheon Beech Models 1900, 1900C,

and 1900D. This proposal was

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on June 14, 2000 (65 FR 37311). The

NPRM proposed to require you to

modify the cockpit voice recorder (CVR)

system.

Accomplishment of the proposed

action as specified in the NPRM would

be required in accordance with

Raytheon Recommended Service

Bulletin SB 23–3094, Issued: November,

1999.

What is the potential impact if FAA

took no action? This condition, if not

corrected, could affect air safety if

important information that the CVR

provides is not available after an

accident. This information helps

determine the probable cause of an

accident and aids in developing

necessary corrective action or design

changes to prevent future accidents.

Was the public invited to comment?

The FAA encouraged interested persons

to participate in the making of this

amendment. The following presents the

concerns received on the proposal and

FAA’s response to these concerns:

Comment Disposition

What is the commenter’s concerns?

The commenter requests that FAA:

• Clearly define in the AD that the

CVR must be installed and not just the

incorporation of a kit; and

• Identify all affected CVR’s by

manufacturer or model number.

The commenter operates several of

the affected airplanes in a configuration

of freight-only, single pilot. These

airplanes incorporate supplemental type

certificates that allow operation with

nine or fewer passengers and freight

conversions. Under section 135.151 of

the Federal Aviation Regulations (14

CFR 135.151), this operator does not

have to operate with a CVR. The

commenter believes that FAA could

eliminate confusion as to whether the

AD applied if the Applicability of the

AD was written to specify that the CVR

must be installed. Then, if you installed

the CVR in the future, you would have

to comply with the AD.

The commenter believes that

identifying the CVR by manufacturer or

model number would also clarify the

Applicability of the AD.

What is FAA’s Response to the

Concerns? We concur that specifying

that the CVR must be installed would

clarify the Applicability of the AD. We

have changed the wording in the final

rule accordingly.

We do not concur with including the

manufacturer or model number of the

CVR in the Applicability of the AD. The

intent of the AD is to modify the

configuration of the CVR system, which

includes the wiring and audio amplifier.