Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Rules and Regulations 70783

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, 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:

2000–23–25 Boeing: Amendment 39–11998.

Docket 2000–NM–353–AD.

Applicability: Model 747–100, 747–200,

747–300, 747SP, and 747SR series airplanes

powered by Pratt & Whitney JT9D–3 or JT9D–

7 series engines; listed in Boeing Alert

Service Bulletin 747–54A2201, dated

September 28, 2000; 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 (e) 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 and correct cracking of the

vertical chords adjacent to the lower spar

fitting, which could result in separation of

the diagonal brace load path and lead to

separation of the strut and engine from the

airplane, accomplish the following:

Inspections

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

this AD, prior to the accumulation of 14,000

total flight cycles, or within 90 days after the

effective date of this AD, whichever occurs

later: Accomplish paragraphs (a)(1) and (a)(2)

of this AD.

(1) Perform a detailed visual inspection to

detect cracking of the vertical chords of the

aft torque bulkhead of the outboard nacelle

struts, in accordance with Part 2 of the

Accomplishment Instructions of Boeing Alert

Service Bulletin 747–54A2201, dated

September 28, 2000. Thereafter, repeat this

inspection at intervals not to exceed 600

flight cycles until paragraph (d) of this AD is

accomplished.

(2) Perform surface eddy current and

ultrasonic inspections to detect cracking of

the vertical chords of the aft torque bulkhead

of the outboard nacelle struts, in accordance

with Part 3 of the Accomplishment

Instructions of Boeing Alert Service Bulletin

747–54A2201, dated September 28, 2000.

Thereafter, repeat these inspections at

intervals not to exceed 1,200 flight cycles

until paragraph (d) of this AD is

accomplished.

Optional Compliance Time

(b) If Boeing Service Letter 747–54–055,

dated April 24, 1998, was accomplished on

the airplane during the modification of the

nacelle strut in accordance with AD 95–10–

16, amendment 39–9233: Accomplishment of

the initial inspection in paragraph (a) of this

AD may be deferred until 3,000 flight cycles

after accomplishment of the service letter.

Repair

(c) If any cracking is detected during any

inspection required by this AD: 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 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.

Optional Terminating Action

(d) Accomplishment of the modification

specified in Part 4 of Boeing Alert Service

Bulletin 747–54A2201, dated September 28,

2000, constitutes terminating action for the

repetitive inspections required by paragraph

(a) of this AD.

Alternative Methods of Compliance

(e) 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.

Special Flight Permits

(f) 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

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

this AD, the actions shall be done in

accordance with Boeing Alert Service

Bulletin 747–54A2201, dated September 28,

2000. 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

(h) This amendment becomes effective on

December 13, 2000.

Issued in Renton, Washington, on

November 14, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–29603 Filed 11–27–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–356–AD; Amendment

39–12004; AD 2000–23–31]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–82 (MD–82) and

DC–9–83 (MD–83) Series Airplanes,

and Model MD–88 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 certain McDonnell

Douglas Model DC–9–82 (MD–82) and

DC–9–83 (MD–83) series airplanes, and

70784 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Rules and Regulations

Model MD–88 airplanes. This action

requires deactivating the left and right

lower sidewall lights located in the

passenger compartment. This action is

necessary to prevent arcing and heat

damage of the Luminator fluorescent

lamp holders located outboard of the

Passenger Service Unit panel, which

could result in smoke and fire in the

passenger compartment. 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.

Comments for inclusion in the Rules

Docket must be received on or before

January 29, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

356–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments may be submitted

via fax to (425) 227–1232. Comments

may also be sent via the Internet using

the following address: 9-anmiarcomment@faa.gov. Comments sent

via fax or the Internet must contain

‘‘Docket No. 2000–NM–356–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

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 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.

FOR FURTHER INFORMATION CONTACT:

Elvin K. Wheeler, Aerospace Engineer,

Airframe Branch, ANM–130L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712–4137; telephone (562)

627–5344; fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: The FAA

has received a report from an operator

of one instance of fire in the passenger

compartment on a Model DC–9–82

(MD–82) airplane while the airplane

was parked at the gate. Findings from

the investigation indicate the source of

the fire was due to arcing of the

Luminator fluorescent lamp holder. Test

findings indicate that the possibility of

arcing exists when a combination of

Page ballasts and Luminator fluorescent

lamp holders is installed on these

airplanes. Such arcing is attributed to

the output of the Page ballast when

fluorescent lamps are installed

improperly in worn or deteriorated

Luminator fluorescent lamp holders.

The subject components on affected

Model DC–9–83 (MD–83) series

airplanes and MD–88 airplanes are

identical to those installed on the

affected Model DC–9–82 (MD–82) series

airplanes. Therefore, all of these models

may be subject to the same unsafe

condition.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Alert Service Bulletin MD80–

33A115, dated August 10, 2000, which

describes procedures for deactivating

the left and right lower sidewall lights

located outboard of the Passenger

Service Unit panel.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design, this AD is being issued to

prevent arcing and heat damage of the

fluorescent lamp holders by

deactivating the left and right lower

sidewall lights located in the passenger

compartment. This AD requires

accomplishment of the actions specified

in the alert service bulletin described

previously.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

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.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the AD is being requested.

• Include justification (e.g., reasons or

data) for each request.

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

Docket Number 2000–NM–356–AD.’’

The postcard will be date stamped and

returned to the commenter.

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.

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Rules and Regulations 70785

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, 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:

2000–23–31 McDonnell Douglas:

Amendment 39–12004. Docket 2000–

NM–356–AD.

Applicability: Model DC–9–82 (MD–82)

and DC–9–83 (MD–83) series airplanes, and

Model MD–88 airplanes, certificated in any

category, as listed in Boeing Alert Service

Bulletin MD80–33A115, dated August 10,

2000.

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 (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 arcing and heat damage of the

Luminator fluorescent lamp holders located

outboard of the Passenger Service Unit panel,

which could result in smoke and fire in the

passenger compartment, accomplish the

following:

Deactivation

(a) Within 90 days after the effective date

of this AD, deactivate the left and right lower

sidewall lights located in the passenger

compartment, in accordance with the

Accomplishment Instructions of Boeing Alert

Service Bulletin MD80–33A115, dated

August 10, 2000.

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, 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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Manager, Los Angeles

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 deactivation shall be done in

accordance with Boeing Alert Service

Bulletin MD80–33A115, dated August 10,

2000. 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

(e) This amendment becomes effective on

December 13, 2000.

Issued in Renton, Washington, on

November 15, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–29802 Filed 11–27–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–131–AD; Amendment

39–12003; AD 2000–23–30]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain EMBRAER Model

EMB–120 series airplanes, that requires

installation of an additional drain at the

fuselage aft section. This action is

necessary to prevent mechanical

blockage of the elevator control cables

due to the freezing of water collected

inside the fuselage between the rear

pressure bulkhead and the fire wall of

the auxiliary power unit. Such cable

blockage could result in reduced

controllability of the airplane. This

action is intended to address the

identified unsafe condition.

DATES: Effective January 2, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 2,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Empresa Brasileira de Aeronautica

S.A. (EMBRAER), P.O. Box 343—CEP

12.225, Sao Jose dos Campos—SP,

Brazil. 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, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Robert Capezzuto, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30349; telephone (770)

703–6071; fax (770) 703–6097.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)