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

66923

Vol. 65, No. 217

Wednesday, November 8, 2000

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–374–AD; Amendment

39–11957; AD 2000–22–11]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 767 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 767

series airplanes, that requires

modification of the canted pressure

deck drain system in the wheel well of

the main landing gear (MLG). This

amendment is prompted by reports of

ice accumulation on the aileron control

cables and on the MLG door and door

seal during flight, due to fluid entering

the canted pressure deck area, leaking

into the MLG wheel well, and freezing.

The actions specified by this AD are

intended to prevent such ice

accumulation, which could render one

of the aileron control systems and/or the

MLG doors inoperative, resulting in

reduced controllability 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 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 G. Rehrl, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2783; 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 767 series airplanes was

published in the Federal Register on

February 4, 2000 (65 FR 5455). That

action proposed to require modification

of the canted pressure deck drain

system in the wheel well of the main

landing gear (MLG).

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.

Support for the Proposed AD

One commenter supports the

proposed AD.

Request To Accept Alternative Methods

of Compliance

One commenter, the airplane

manufacturer, requests that the FAA

revise the proposed AD to reference

certain other service bulletins as

acceptable methods of compliance with

the proposed AD, in lieu of

accomplishment of Boeing Service

Bulletin 767–51A0020, Revision 1,

dated July 22, 1999. (Paragraph (a) of the

proposed AD cites Revision 1 as the

appropriate source of service

information for the actions specified in

that paragraph.) The commenter states

that accomplishment of Boeing Service

Bulletin 767–53–0059, dated November

12, 1992 (which describes a one-time

pressure check of the seals of the canted

pressure deck), along with either Boeing

Service Bulletin 767–51–0014, dated

August 2, 1990 (which describes

relocation of the vent holes for the

pressure-operated drain lines), or

Boeing Service Bulletin 767–51–0019,

dated June 27, 1996 (which describes

relocation of drain outlets from the MLG

wheel wells to the heat shields of the

ram air outlets), will prevent ice

accumulation on the aileron control

cables and the MLG door and seal as

effectively as incorporation of Boeing

Service Bulletin 767–51A0020.

The FAA partially concurs with the

commenter’s request. The FAA concurs

that accomplishment of Boeing Service

Bulletin 767–53–0059 and Boeing

Service Bulletin 767–51–0014 or 767–

51–0019 would adequately prevent ice

accumulation on the aileron control

cables. The FAA also finds that

accomplishment of Boeing Service

Bulletins 767–53–0059 and 767–51–

0019 adequately prevents ice

accumulation on the main landing gear

door and seal. However, the FAA finds

that accomplishment of Boeing Service

Bulletins 767–53–0059 and 767–51–

0014 does not adequately prevent ice

accumulation on the MLG door and

seal. Therefore, the FAA finds that

accomplishment of Boeing Service

Bulletins 767–53–0059 and 767–51–

0019, but not Boeing Service Bulletin

767–51–0014, is acceptable for

compliance with the requirements of

paragraph (a) of this AD. A new ‘‘Note

3’’ has been added to this AD (and

renumbered subsequent notes

accordingly) to state the acceptable

means of compliance.

The same commenter requests that the

FAA revise paragraph (a) of the

proposed AD to allow accomplishment

of the modification in accordance with

the original issue of Boeing Alert

Service Bulletin 767–51A0020, dated

November 19, 1998, or Revision 1. The

commenter notes that airplanes

modified per the original issue do not

require additional work because

Revision 1 only clarifies certain work

instructions.

The FAA concurs with the intent of

the commenter’s request, but notes that

‘‘Note 2’’ of the proposed AD already

states that modification in accordance

with the original issue of the service

bulletin prior to the effective date of this

AD is acceptable for compliance with

paragraph (a) of this AD. Therefore, no

change to the final rule is necessary in

this regard.

Request To Extend Compliance Time

Three commenters request that the

FAA extend the compliance time for the

proposed modification beyond 24

months. One commenter requests that

the FAA extend the compliance time to

36 months to allow for delivery of

66924 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations

necessary parts. Another commenter

requests that the FAA extend the

compliance time to 60 months to allow

for accomplishment of the modification

during a major maintenance visit, such

as a ‘‘D’’-check. The commenter that

requests extension of the compliance

time to 60 months justifies its request

based on the fact that there have been

very few in-service problems related to

freezing of the aileron control cables on

Model 767 series airplanes, and on

design changes that have been made

related to potential ice accumulation on

the aileron control cables.

The FAA concurs with the first

commenter’s request to extend the

compliance time from 24 months to 36

months. This extension will allow a 12-

month lead time for affected operators

to obtain the parts necessary for the

modification. The FAA finds that such

an extension will not adversely affect

safety, and this determination is based

in part on the justifications cited by the

second commenter. However, the FAA

finds that extension of the compliance

time to 60 months, as requested by the

second commenter, would not ensure

accomplishment of the modification

required by this AD on all affected

airplanes in a timely manner. Paragraph

(a) of this final rule has been revised

accordingly.

Another commenter requests

extension of the compliance time to 48

months to allow time for

accomplishment of another service

bulletin that the commenter notes may

be required to be accomplished

concurrently with the modification in

this AD (see the ‘‘Request to Clarify

Requirements’’ section of this

document, below). The FAA does not

concur with this commenter’s request to

extend the compliance time for this AD

to 48 months. As explained below, the

service bulletin with which the

commenter is concerned is not required

by this AD; thus, no extension of the

compliance time is necessary in this

regard.

Request To Clarify Requirements

Two commenters question whether

Boeing Service Bulletin 767–53–0059,

dated November 12, 1992, must be

incorporated concurrently with the

proposed modification. The commenters

note that Section 1.B. (‘‘Concurrent

Requirements’’) of Boeing Service

Bulletin 767–51A0020, Revision 1,

states that accomplishment of Boeing

Service Bulletin 767–53–0059 is

required for certain airplanes, but

Section 1.D. (‘‘Description’’), Note 4, of

Boeing Service Bulletin 767–51A0020,

Revision 1, states that accomplishment

of Boeing Service Bulletin 767–53–0059

is recommended for those airplanes.

The commenters request that the FAA

revise the proposed AD to clarify

whether Boeing Service Bulletin 767–

53–0059 is required.

The FAA concurs that clarification is

indeed necessary. The FAA has

determined that accomplishment of

Boeing Service Bulletin 767–53–0059 is

not required by this AD because the

modification in accordance with Boeing

Service Bulletin 767–51A0020 corrects

the conditions addressed by Boeing

Service Bulletin 767–53–0059. Because

the proposed rule did not directly

reference Boeing Service Bulletin 767–

53–0059, the FAA finds that no change

to the final rule is necessary in this

regard. However, operators should note

that, as stated previously,

accomplishment of Boeing Service

Bulletins 767–53–0059 and 767–51–

0019 is acceptable for compliance with

this AD, in lieu of accomplishment of

Boeing Service Bulletin 767–51A0020.

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 716 Model

767 series 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, that

it will take approximately 15 work

hours per airplane to accomplish the

required modification, and that the

average labor rate is $60 per work hour.

Required parts will cost approximately

$6,623 per airplane. Based on these

figures, the cost impact of the

modification required by this AD on

U.S. operators is estimated to be

$2,091,394, or $7,523 per airplane.

The cost impact figure discussed

above is 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:

2000–22–11 Boeing: Amendment 39–11957.

Docket 99–NM–374–AD.

Applicability: Model 767 series airplanes,

line numbers 1 through 723 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

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