Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Rules and Regulations 75595

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Special Flight Permits

(g) Special flight permits may be issued per

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.

Note 4: The subject of this AD is addressed

in French airworthiness directive 2000–419–

154(B), dated October 4, 2000. Operators

should note that, although this AD requires

a one-time detailed visual inspection, the

French airworthiness directive does not

mandate such an inspection.

Effective Date

(h) This amendment becomes effective on

January 8, 2001.

Issued in Renton, Washington, on

November 22, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–30394 Filed 12–1–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–107–AD; Amendment

39–12007; AD 2000–23–34]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–300, –400, and –500 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Boeing Model 737–300,

–400, and –500 series airplanes, that

requires replacement of the existing

autothrottle computer with a new,

improved autothrottle computer. This

amendment is prompted by reports of

asymmetric thrust conditions during

flight caused by irregular autothrottle

operation in which the thrust levers

slowly move apart causing the airplane

to bank excessively and go into a roll.

The actions specified by this AD are

intended to prevent such conditions,

which could result in loss of control of

the airplane.

DATES: Effective January 8, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 8,

2001.

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:

Thanh Truong, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2552; 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 all Boeing Model

737–300, –400, and –500 series

airplanes was published in the Federal

Register on June 12, 2000 (65 FR 36803).

That action proposed to require

replacement of the existing autothrottle

computer with a new, improved

autothrottle computer.

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 Proposal

Two commenters state no objection to

the proposed rule and indicate that the

proposed replacements are already in

progress on their fleets.

Request to Increase Compliance Time

Three commenters request an increase

in the compliance time above the

proposed one year after the effective

date of this AD. One commenter

suggests a compliance time of 18

months, but states no reason for its

request. A second commenter suggests a

compliance time of two years, to

account for the amount of time

necessary for a particular repair station

to accomplish the modification. A third

commenter does not make a specific

suggestion for a compliance time,

though it states that it will need four

years to complete the proposed

replacement using existing spares,

considering the amount of time

necessary for the repair station (the

same one referenced by the second

commenter) to modify existing

autothrottle computers.

The FAA concurs that the compliance

time for the requirements of this AD

may be extended. To assist in

determining an appropriate compliance

time, the FAA contacted the

manufacturer of the autothrottle

computers to determine the number of

authorized repair facilities and the

manpower available. The FAA also

obtained data on the number of

autothrottle computers manufactured,

the number of units already converted,

and the number of airplanes that are

affected. Based on this information, the

FAA finds that an extension of the

compliance time to 18 months will be

sufficient to allow accomplishment of

this AD on all affected airplanes. The

FAA also finds that such an extension

of the compliance time will not

adversely affect the continued safety of

the airplane fleet. Therefore, paragraph

(a) of this AD has been revised to state

a compliance time of 18 months after

the effective date of this AD.

Request to Remove ‘‘Spares’’

Requirement

One commenter requests that the FAA

revise the proposed AD to remove

paragraph (b), the ‘‘Spares’’ paragraph.

That paragraph states, ‘‘As of the

effective date of this AD, no person shall

install on any airplane, an autothrottle

computer having part number 10–

62017–1, –2, –3, –4, –5, –11, –21, –23,

–25, or –27.’’ The commenter’s request

was based on the length of time

necessary for modification of the

existing autothrottle computers by an

authorized repair facility.

The FAA does not concur with the

commenter’s request to delete the

‘‘Spares’’ requirement. As stated

previously, the FAA finds that

extension of the compliance time for

this AD from one year to 18 months

after the effective date of this AD will

allow adequate time for autothrottle

computers to be modified by an

authorized repair facility and for

operators to comply with the

requirements of this AD, without

compromising safety. No change to the

final rule is necessary in this regard.

Request to Reduce Compliance Time

and Consider Interim Actions

One commenter states that there is an

inconsistency between the urgency of

the unsafe condition, as explained in

the proposal, and the length of the

compliance time. The commenter points

to the statement in the ‘‘Differences

Between Proposed Rule and Alert

Service Bulletin’’ section of the

proposed AD, which reads, ‘‘The FAA

75596 Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Rules and Regulations

also finds that such a compliance time

will not adversely affect the safety of the

affected airplanes.’’ The commenter

states that it does not understand ‘‘an

‘unsafe condition’ that has already been

identified that does not come into effect

until 6th June 2001’’ and requests an

explanation. The commenter also notes

that the proposed AD does not contain

any interim actions to be undertaken to

ensure safety of the airplane fleet prior

to accomplishment of the proposed

replacement.

While the commenter makes no

specific request for a change to the

proposed AD, the FAA infers that the

commenter is requesting that the FAA

reduce the compliance time and include

revisions to the flight procedures in this

AD. The FAA does not concur with the

commenter’s request. As explained in

the proposed AD, in developing an

appropriate compliance time for the

proposed replacement, the FAA

considered not only the degree of

urgency associated with addressing the

subject unsafe condition, but also the

number of proposed requirements and

the availability of required parts. As

stated previously in this AD, since the

issuance of the proposed rule, the FAA

has received information indicating that

18 months is an appropriate compliance

time wherein all of these actions can be

accomplished during scheduled

airplane maintenance and an ample

number of required parts will be

available for modification of the U.S.

fleet within the compliance period. The

FAA also finds that such a compliance

time will not adversely affect the safety

of the affected airplanes.

With regard to the lack of interim

actions in this AD, the FAA provides

the following explanation. In 1994, the

airplane manufacturer issued a Flight

Operations Procedure to advise

operators of an anomaly related to

asymmetric thrust lever settings

occurring during autothrottle operation.

Such a procedure, if followed,

adequately addresses the unsafe

condition identified in this AD.

However, this procedure does not take

into account human factors that may

result in the flightcrew failing to

recognize an abnormality that develops

over an extended period of time,

resulting in an excessive bank angle for

the airplane. There have been eight

reported incidents of asymmetric thrust

that occurred with delayed intervention

by the pilots. Six of these eight

incidents resulted in a bank angle of

more than 30 degrees. In two incidents,

airplanes have rolled more than 40

degrees before the flightcrew recognized

the condition. For this reason, revisions

to flight procedures are not considered

adequate to provide the degree of safety

assurance necessary for the transport

airplane fleet. Consideration of these

factors has led the FAA to mandate the

replacement required by this AD. No

change to the final rule is necessary in

this regard.

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 1,974 Model

737–300, –400, and –500 series

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

799 airplanes of U.S. registry will be

affected by this AD, that it will take

approximately 1 work hour per airplane

to accomplish the required replacement,

and that the average labor rate is $60 per

work hour. Required parts will cost

between $1,400 and $4,200 per airplane.

Based on these figures, the cost impact

of the AD on U.S. operators is estimated

to be between $1,460 and $4,260 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:

2000–23–34 Boeing: Amendment 39–12007.

Docket 2000–NM–107–AD.

Applicability: All Model 737–300, –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 (c) 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 a severe asymmetric thrust

condition during flight which could result in

loss of control of the airplane, accomplish the

following:

Replacement

(a) Within 18 months after the effective

date of this AD: Replace the existing

autothrottle computer with a new, improved

autothrottle computer in accordance with

Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Rules and Regulations 75597

Boeing Alert Service Bulletin 737–22A1130,

dated September 24, 1998.

Spares

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

person shall install on any airplane, an

autothrottle computer having part number

10–62017–1, –2, –3, –4, –5, –11, –21, –23,

–25, or –27.

Alternative Methods of Compliance

(c) 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 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

(d) 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

(e) The replacement shall be done in

accordance with Boeing Alert Service

Bulletin 737–22A1130, including Appendix

A, dated September 24, 1998. 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

(f) This amendment becomes effective on

January 8, 2001.

Issued in Renton, Washington, on

November 16, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–30319 Filed 12–1–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–06–AD; Amendment

39–12011; AD 2000–24–04]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company Beech Models A36,

B36TC, and 58 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Raytheon Aircraft

Corporation (Raytheon) Beech Models

A36, B36TC, and 58 airplanes. This AD

requires you to inspect for misrouted

rudder control cables; replace any worn

or damaged guard pins; replace any

pulley brackets that are damaged or

worn; and replace any misrouted rudder

control cables. Three reports of

misrouted cables prompted this action.

The actions specified by this AD are

intended to correct the misrouted

rudder control cable and consequent

guard pin wear or fraying of the cables

with loss of rudder control.

DATES: This AD becomes effective on

January 5, 2001.

The Director of the Federal Register

approved the incorporation by reference

of certain publications listed in the

regulations as of January 5, 2001.

ADDRESSES: You may get the service

information referenced in this AD from

Raytheon Aircraft Company, P.O. Box

85, Wichita, Kansas 67201–0085;

telephone: (800) 429–5372 or (316) 676–

3140; on the Internet at <http://

www.raytheon.com/rac/servinfo/27–

3265.pdf>. This file is in Adobe Portable

Document Format. The Acrobat Reader

is available at <http://www.adobe.com/

>. You may examine this information at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 2000–CE–06–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: Paul

C. DeVore, Aerospace Engineer, FAA,

Wichita Aircraft Certification Office,

1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone: (316) 946–4142; facsimile:

(316) 946–4407.

SUPPLEMENTARY INFORMATION:

Discussion

What events have caused this AD?

The FAA has received three reports of

instances of misrouted cables in

Raytheon Beech Models A36, B36TC,

and 58 airplanes. In one instance, a

report noted complete separation of the

rudder cable. In another instance, a

report noted fraying of the rudder cable.

What are the consequences if the

condition is not corrected? This

condition could result in guard pin wear

and separation or fraying of the cables

with loss of rudder control.

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 A36, B36TC,

and 58 airplanes. This proposal

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on August 24, 2000 (65 FR 51562). The

NPRM proposed to require you to

inspect for misrouted rudder control

cables; replace any worn or damaged

guard pins; replace any pulley brackets

that are damaged or worn; and replace

any misrouted rudder control cables.

Was the public invited to comment?

Interested persons were afforded an

opportunity to participate in the making

of this amendment. No comments were

received on the proposed rule or the

FAA’s determination of the cost to the

public.

The FAA’s Determination

What is FAA’s final determination on

this issue? After careful review of all

available information related to the

subject presented above, we have

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. We determined

that these minor corrections:

—will not change the meaning of the

AD; and

—will not add any additional burden

upon the public than was already

proposed.

Cost Impact

How many airplanes does this AD

impact? We estimate that this AD affects

842 airplanes in the U.S. registry.

What is the cost impact of this AD on

owners/operators of the affected

airplanes? We estimate the following

costs to accomplish the inspection: