Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations 66925

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 as indicated, unless

accomplished previously.

To prevent ice accumulation on the aileron

control cables and/or main landing gear

(MLG) door and door seal during flight,

which could render one of the aileron control

systems and/or the MLG doors inoperative,

resulting in reduced controllability of the

airplane, accomplish the following:

Modification

(a) Within 36 months after the effective

date of this AD: Modify the canted pressure

deck drain system in the wheel well of the

MLG, in accordance with the

Accomplishment Instructions of Boeing

Service Bulletin 767–51A0020, Revision 1,

dated July 22, 1999.

Note 2: Modification of the canted pressure

deck drain system accomplished prior to the

effective date of this AD in accordance with

Boeing Alert Service Bulletin 767–51A0020,

dated November 19, 1998, is considered

acceptable for compliance with the

modification specified in this AD.

Note 3: Accomplishment of the actions

specified in both Boeing Service Bulletins

767–53–0059, dated November 12, 1992, and

767–51–0019, dated June 27, 1996, is

acceptable for compliance with paragraph (a)

of this AD.

Alternative Methods of Compliance

(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, Seattle

Aircraft Certification Office (ACO), FAA.

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 4: 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

(c) 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

(d) The actions shall be done in accordance

with Boeing Service Bulletin 767–51A0020,

Revision 1, dated July 22, 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 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

(e) This amendment becomes effective on

December 13, 2000.

Issued in Renton, Washington, on October

27, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28089 Filed 11–7–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–04–AD; Amendment

39–11961; AD 2000–22–14]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–10, –20, –30, –40,

and –50 Series Airplanes and C–9

(Military) Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model DC–9–10, –20, –30, –40,

and –50 series airplanes, that currently

requires repetitive radiographic and

ultrasonic or eddy current inspections,

and modification of the upper cap of the

front spar of the left and right engine

pylons, if necessary. This amendment

requires new, improved x-ray and eddy

current inspections to detect cracks of

the upper cap of the front spar of the left

and right engine pylons, and repetitive

inspections or corrective actions, if

necessary. This amendment also

requires modification of the subject

area, which constitutes terminating

action for the repetitive inspection

requirements. This amendment is

prompted by additional reports of

fatigue cracking in the subject area of

these airplanes. The actions specified by

this AD are intended to prevent failure

of the upper cap of the front spar of the

engine pylons due to fatigue cracking,

and consequent reduced structural

integrity of the airplane.

DATES: Effective December 13, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

13, 2000.

ADDRESSES: The service information

referenced in this AD 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). 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 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.

FOR FURTHER INFORMATION CONTACT:

Wahib Mina, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712–4137; telephone (562)

627–5324; fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 77–14–19,

amendment 39–2971, which is

applicable to certain McDonnell

Douglas Model DC–9–10, –20, –30, –40,

and –50 series airplanes and C–9

(military) airplanes, was published in

the Federal Register on July 5, 2000 (65

FR 41385). The action proposed to

continue to require radiographic and

ultrasonic or eddy current inspections.

The action also proposed to require

new, improved x-ray and eddy current

inspections to detect cracks of the upper

cap of the front spar of the left and right

engine pylons, and repetitive

inspections or 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.

Compliance Time

One commenter has no objection to

the proposed AD. However, the

commenter requests that the compliance

time of 3,600 flight hours specified in

paragraph (b) of the proposed AD be

extended to at least 3,860 flight hours.

The commenter states that such an

extension would allow operators to

accomplish the required inspections

during regularly scheduled maintenance

and to avoid special routing of airplanes

to a maintenance facility.

The FAA does not concur. In

developing an appropriate compliance

66926 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations

time for this action, the FAA considered

the safety implications and normal

maintenance schedules for timely

accomplishment of the inspections. In

consideration of these items, as well as

the additional reports of fatigue cracking

in the subject area of the upper cap of

the front spar of the left and right engine

pylons, the FAA has determined that

prior to the accumulation of 8,000 total

flight hours, or within 3,600 flight hours

after the effective date of this AD,

whichever occurs later, represents an

appropriate interval of time allowable

wherein the inspections can be

accomplished during scheduled

maintenance intervals for the majority

of affected operators, and an acceptable

level of safety can be maintained.

Delete Paragraph (f) of the Proposed AD

One commenter states that paragraph

(f) of the proposed AD is misleading,

because it discusses the terminating

action as it relates to AD 96–10–11,

amendment 39–9618 (61 FR 24675, May

16, 1996), but does not address the

repetitive inspections. Paragraph (g) of

AD 96–10–11 excludes the actions

specified in McDonnell Douglas Service

Bulletin 54–30, Revision 4, dated March

25, 1991. Another commenter points out

that the requirements related to

McDonnell Douglas Service Bulletin 54–

30, Revision 4, of AD 96–10–11 have

been superseded.

From these comments, the FAA infers

that the commenters are requesting that

paragraph (f) of the proposed AD be

deleted. The FAA concurs. The FAA has

reviewed the requirements of AD 96–

10–11 and determined that McDonnell

Douglas Service Bulletin 54–30,

Revision 4, dated March 25, 1991, is not

required by that AD. Paragraph (a) of AD

77–14–19, which is retained in this AD,

references Douglas Service Bulletin 54–

30, dated January 19, 1977, as the

appropriate source of service

information for accomplishment of the

inspection requirements. Note 2 of this

AD references later revisions of that

service bulletin that are considered

acceptable for compliance with the

inspections required by paragraph (a) of

this AD. Accomplishment of the

requirements of paragraph (e) of this AD

constitutes terminating action for the

requirements of this AD. Therefore, the

FAA finds that paragraph (f) of the

proposed AD is not necessary. The FAA

has revised the final rule 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 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 809 Model

DC–9–10, –20, –30, –40, and –50 series

airplanes and C–9 (military) airplanes of

the affected design in the worldwide

fleet. The FAA estimates that 572

airplanes of U.S. registry will be affected

by this AD.

The actions that are currently

required by AD 77–14–19, and retained

in this AD, take approximately 12 work

hours per airplane to accomplish, at an

average labor rate of $60 per work hour.

Based on these figures, the cost impact

of the currently required actions on U.S.

operators is estimated to be $411,840, or

$720 per airplane, per inspection cycle.

The new inspection that is required in

this AD action will take approximately

12 work hours per airplane to

accomplish, at an average labor rate of

$60 per work hour.

Based on these figures, the cost

impact of this inspection required by

this AD on U.S. operators is estimated

to be $411,840, or $720 per airplane, per

inspection cycle.

The new modification that is required

in this AD action will take

approximately 110 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour.

Required parts will cost approximately

$30,496 per airplane. Based on these

figures, the cost impact of the

modification required by this AD on

U.S. operators is estimated to be

$21,218,912, or $37,096 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

removing amendment 39–2971, and by

adding a new airworthiness directive

(AD), amendment 39–11961, to read as

follows:

2000–22–14 McDonnell Douglas:

Amendment 39–11961. Docket 2000–

NM–04–AD. Supersedes AD 77–14–19,

Amendment 39–2971.

Applicability: Model DC–9–10, –20, –30,

–40, and –50 series airplanes and C–9

(military) airplanes; as listed in McDonnell

Douglas Service Bulletin DC9–54–030,

Revision 06, dated November 11, 1999;

certificated in any category; except for those

airplanes on which Special Change

Notification 1269A, dated August 11, 1965,

or Service Rework Drawing SR09540004,

Change ‘‘E,’’ dated September 21, 1992,

Change ‘‘F,’’ dated April 19, 1995, Change

‘‘G,’’ dated May 6, 1997, or Change ‘‘H,’’

dated July 12, 1997, has been accomplished.

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

Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations 66927

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.

To prevent failure of the front spar

attachment and upper cap of the engine

pylons due to fatigue cracking, and

consequent reduced structural integrity of the

airplane, accomplish the following:

Repetitive Inspections

(a) Prior to the accumulation of 9,800 total

flight hours, or within the next 1,800 flight

hours after August 23, 1977 (the effective

date of AD 77–14–19, amendment 39–2971),

whichever occurs later, unless accomplished

previously within the last 1,800 flight hours,

accomplish the radiographic and ultrasonic

or eddy current inspections in accordance

with the instructions in Douglas Service

Bulletin 54–30, dated January 19, 1977.

Repeat the inspection thereafter at intervals

not to exceed 3,600 flight hours. For those

operators who have conducted only the

radiographic inspections in accordance with

Douglas All Operators Letter AOL 9–835,

dated October 30, 1974, perform the

ultrasonic or eddy current inspections, and

thereafter, the radiographic and ultrasonic or

eddy current inspection in accordance with

the requirements of this AD, as applicable.

Note 2: Inspections accomplished prior to

the effective date of this AD in accordance

with McDonnell Douglas Service Bulletin

54–30, Revision 1, dated June 29, 1977,

Revision 2, dated October 27, 1978, Revision

3, dated April 30, 1986, or Revision 4, dated

March 25, 1991; or McDonnell Douglas

Service Bulletin DC9–54–030, Revision 05,

dated August 26, 1999, or Revision 06, dated

November 11, 1999; are considered

acceptable for compliance with the

inspections required by paragraph (a) of this

AD.

Initial Inspections and Follow-On/Corrective

Action

(b) For airplanes on which the

modification specified in paragraph (e) of

this AD has not been accomplished: Prior to

the accumulation of 8,000 total flight hours

or within 3,600 flight hours after the effective

date of this AD, whichever occurs later,

perform x-ray and eddy current inspections

to detect cracks of the upper cap of the front

spar of the left and right engine pylons, in

accordance with McDonnell Douglas Service

Bulletin DC9–54–030, Revision 06, dated

November 11, 1999. Accomplishment of

these inspections constitutes terminating

action for the repetitive inspection

requirements of paragraph (a) of this AD.

No Crack Detected: Repetitive Inspections

(c) If no crack is detected during any

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

this AD, repeat the inspections thereafter at

intervals not to exceed 3,600 flight hours

until the modification required by paragraph

(e) of this AD is accomplished.

Any Crack Detected: Modification

(d) If any crack is detected during any

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

this AD, prior to further flight, accomplish

the modification specified in paragraph (e) of

this AD.

Terminating Modification

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

this AD, prior to the accumulation of 100,000

total landings, or within 6 months after the

effective date of this AD, whichever occurs

later, modify the upper cap of the front spar

of the left and right engine pylons in

accordance with McDonnell Douglas Service

Bulletin DC9–54–030, Revision 06, dated

November 11, 1999. Accomplishment of this

modification constitutes terminating action

for the requirements of this AD.

Note 3: Accomplishment of the

modification of the upper cap of the front

spar of the left and right engine pylons prior

to the effective date of this AD in accordance

with Douglas Service Bulletin 54–30,

Revision 4, dated March 25, 1991, or

McDonnell Douglas Service Bulletin DC9–

54–030, Revision 5, dated August 26, 1999;

is considered acceptable for compliance with

the modification specified in paragraph (e) of

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, Los

Angeles Aircraft Certification Office (ACO),

FAA. 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 4: 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

(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) The actions specified in paragraphs (b)

and (e) of this AD shall be done in

accordance with McDonnell Douglas Service

Bulletin DC9–54–030, Revision 06, dated

November 11, 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 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

(i) This amendment becomes effective

on December 13, 2000.

Issued in Renton, Washington, on October

30, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28234 Filed 11–7–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–152–AD; Amendment

39–11963; AD 2000–22–16]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace (Jetstream) Model 4101

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all British Aerospace

(Jetstream) Model 4101 airplanes, that

requires a functional check of the

rudder pedals to ensure full and free

movement at all rudder pedal positions,

and modification of the forward rudder

pedal boxes. The actions specified by

this AD are intended to prevent

restricted movement of the rudder

pedals due to structural interference,

which could result in reduced

controllability of the airplane. This

action is intended to address the

identified unsafe condition.

DATES: Effective December 13, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

13, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from British Aerospace Regional

Aircraft American Support, 13850

Mclearen Road, Herndon, Virginia

20171. 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.