Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Rules and Regulations 71237

Action Compliance time Procedures

(3) Modify and install resin thickened

cottonflock reinforcements to the

elevator control system as a way

to increase the stiffness of the elevator control support stand.

Within the next 120 days after January 13, 2001

(the effective date of this AD).

Follow the modification procedures in the Working

Instructions No. 1 for TN 348/12 (843/12), dated

September 28, 1999. The instructions are referenced in DG Flugzeugbau Technical Note (TN)

348/12 (applicable to the model DG–500 Elan

Series) or TN 843/12 (applicable to the models

DG–500M and DG–500MB), both dated October

6, 1999.

(e) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Small Airplane

Directorate, approves your alternative.

Submit your request through an FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Small Airplane Directorate.

Note 1: This AD applies to each sailplane

identified in paragraph (a) of this AD,

regardless of whether it has been modified,

altered, or repaired in the area subject to the

requirements of this AD. For sailplanes 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 you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(f) Where can I get information about any

already-approved alternative methods of

compliance? Contact Mike Kiesov, Aerospace

Engineer, FAA, Small Airplane Directorate,

901 Locust, Room 301, Kansas City, Missouri

64106; telephone: (816) 329–4144; facsimile:

(816) 329–4090.

(g) What if I need to fly the sailplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your sailplane to a location

where you can accomplish the requirements

of this AD.

(h) Are any service bulletins incorporated

into this AD by reference? Actions required

by this AD must be done in accordance with

DG Flugzeugbau Working Instructions No. 1

for TN 348/12 (843/12), dated September 28,

1999, and DG Flugzeugbau Technical Note

No. 348/12 and 843/12, dated October 6,

1999. The Director of the Federal Register

approved this incorporation by reference

under 5 U.S.C. 552(a) and 1 CFR part 51. You

can get copies from DG Flugzeugbau, Postbox

41 20, D–76646 Bruchsal, Federal Republic of

Germany. You can look at copies at the FAA,

Central Region, Office of the Regional

Counsel, 901 Locust, Room 506, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW, suite

700, Washington, DC.

(i) When does this amendment become

effective? This amendment becomes effective

on January 13, 2001.

Note 2: The subject of this AD is addressed

in German AD Number 1999–341, dated

November 18, 1999.

Issued in Kansas City, Missouri, on

November 14, 2000.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–29920 Filed 11–29–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–CE–73–AD; Amendment 39–

12006; AD 2000–23–33]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace HP137 Mk1 and Jetstream

Series 200 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all British Aerospace HP137

Mk1 and Jetstream series 200 airplanes.

This AD requires you to inspect the

vertical stabilizer skin for disbonding,

corrosion, cracks, and loose rivets, and

repair any vertical stabilizer skin where

discrepancies are found. This AD is the

result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

the United Kingdom. The actions

specified by this AD are intended to

prevent failure of the vertical stabilizer

caused by disbonding, corrosion, cracks,

or loose rivets in the stabilizer skin.

Such failure could lead to aircraft

controllability problems.

DATES: This AD becomes effective on

January 12, 2001.

The Director of the Federal Register

approved the incorporation by reference

of certain publications listed in the

regulations as of January 12, 2001.

ADDRESSES: You may get the service

information referenced in this AD from

British Aerospace Regional Aircraft,

Prestwick International Airport,

Ayrshire, KA9 2RW, Scotland;

telephone: (01292) 479888; facsimile:

(01292) 479703. You may examine this

information at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 99–CE–73–

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:

Doug Rudolph, Aerospace Engineer,

FAA, Small Airplane Directorate, 901

Locust, Room 301, Kansas City,

Missouri 64106; telephone: (816) 329–

4059; facsimile: (816) 329–4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, recently notified

the FAA that an unsafe condition may

exist on all British Aerospace HP137

Mk1 and Jetstream series 200 airplanes.

The CAA reports instances of

delamination and corrosion of the

vertical stabilizer skin. Such damage

resulted in cracks around the rivet

holes.

What Are the Consequences If the

Condition Is Not Corrected?

If not detected and corrected, a

damaged vertical stabilizer skin could

lead to failure of the vertical stabilizer

with consequent airplane controllability

problems.

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 all British Aerospace

HP137 Mk1 and Jetstream series 200

airplanes. This proposal was published

in the Federal Register as a notice of

proposed rulemaking (NPRM) on

September 26, 2000 (65 FR 57748). The

NPRM proposed to require you to

inspect the vertical stabilizer skin for

disbonding, corrosion, cracks, and loose

71238 Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Rules and Regulations

rivets, and repair any vertical stabilizer

skin where discrepancies are found.

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

—wWll 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 85

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:

Labor cost Parts cost Total cost per airplane Total cost on U.S. airplane

operators

5 workhours × $60 per hour =

$300.

No parts required for the inspection.$300 per airplane ......................... $300 × 85 = $25,500.

Regulatory Impact

Does This AD Impact Various Entities?

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.

Does This AD Involve a Significant Rule

or Regulatory Action?

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 copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting 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, under 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. FAA amends § 39.13 by adding a

new AD to read as follows:

2000–23–33 British Aerospace:

Amendment 39–12006; Docket No. 99–

CE–73–AD.

(a) What airplanes are affected by this AD?

This AD affects HP137 Mk1 and Jetstream

series 200 airplanes, all serial numbers, that

are certificated in any category.

(b) Who must comply with this AD?

Anyone who wishes to operate any of the

above airplanes must comply with this AD.

(c) What problem does this AD address?

The actions specified by this AD are intended

to prevent failure of the vertical stabilizer

caused by disbonding, corrosion, cracks, or

loose rivets in the stabilizer skin. Such

failure could lead to aircraft controllability

problems.

(d) What actions must I accomplish to

address this problem? To address this

problem, you must accomplish the following:

Action Compliance time Procedures

(1) Inspect the right and left hand

side of the vertical stabilizer skin

for disbonding, corrosion, cracks,

and loose rivets.

Within the next 60 calendar days after January 12,

2001 (the effective date of this AD).

In accordance with the ACCOMPLISHMENT INSTRUCTIONS section of British Aerospace Jetstream Alter Service Bulletin 55–A–JA–990640,

Issued: September 1, 1999.

(2) Repair any vertical stabilizer skin

where a discrepancy is found.

Prior to further flight after the inspection .................. Use the procedures in the maintenance manual if

the discrepancies are within the limits specified in

the maintenance manual. Use an FAA-approved

repair scheme obtained from British Aerospace at

the address specified in paragraph (h) of this AD

if the discrepancies are outside the limits specified in the maintenance manual.

Note 1: British Aerospace Jetstream Alert

Service Bulletin 55–A–JA–990640, Issued:

September 1, 1999, specifies reporting the

results of the inspections to British

Aerospace Regional Aircraft. The FAA highly

recommends that each owner/operator

submit this information. British Aerospace

and the British CAA will use this information

to determine whether repetitive inspections

are necessary, and, if so, at what intervals.

The FAA will evaluate the information from

the British CAA and may initiate further

rulemaking action to propose a repetitive

inspection requirement.

(e) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Rules and Regulations 71239

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Small Airplane

Directorate, approves your alternative.

Submit your request through an FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Small Airplane Directorate.

Note 2: This AD applies to each airplane

identified in paragraph (a) of this AD,

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 you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(f) Where can I get information about any

already-approved alternative methods of

compliance? Contact Doug Rudolph,

Aerospace Engineer, FAA, Small Airplane

Directorate, 901 Locust, Room 301, Kansas

City, Missouri 64106; telephone: (816) 329–

4059; facsimile: (816) 329–4090.

(g) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD.

(h) Are any service bulletins incorporated

into this AD by reference? Actions required

by this AD must be done in accordance with

British Aerospace Jetstream Alert Service

Bulletin 55–A–JA–990640, Issued: September

1, 1999. The Director of the Federal Register

approved this incorporation by reference

under 5 U.S.C. 552(a) and 1 CFR part 51. You

can get copies from British Aerospace

Regional Aircraft, Prestwick International

Airport, Ayrshire, KA9 2RW, Scotland. You

can look at copies at the FAA, Central

Region, Office of the Regional Counsel, 901

Locust, Room 506, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW, suite 700,

Washington, DC.

(i) When does this amendment become

effective? This amendment becomes effective

on January 12, 2001.

Note 3: The subject of this AD is addressed

in British Aerospace Jetstream Alert Service

Bulletin 55–A–JA–990640, Issued: September

1, 1999. This service bulletin is classified as

mandatory by the United Kingdom Civil

Aviation Authority (CAA).

Issued in Kansas City, Missouri, on

November 14, 2000.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–29938 Filed 11–29–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–127–AD; Amendment

39–12026; AD 2000–24–19]

RIN 2120–AA64

Airworthiness Directives; Learjet

Model 35, 35A, 36, and 36A Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Learjet Model 35, 35A,

36, and 36A series airplanes, that

requires revision of the Airplane Flight

Manual (AFM) to add procedures for

donning the flightcrew oxygen masks

when the cabin altitude warning horn is

activated. This amendment is intended

to prevent incapacitation of the

flightcrew due to lack of oxygen and

consequent loss of control of the

airplane due to absence of AFM

procedures for donning the flightcrew

oxygen masks when the cabin altitude

warning horn is activated.

DATES: Effective January 4, 2001.

ADDRESSES: Information pertaining to

this amendment may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas.

FOR FURTHER INFORMATION CONTACT: Ben

Sorensen, Flight Test Pilot, Flight Test

and Program Management, ACE–117W,

FAA, Wichita Aircraft Certification

Office, 1801 Airport Road, Room 100,

Mid-Continent Airport, Wichita, Kansas

67209; telephone (316) 946–4165; fax

(316) 946–4407.

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 Learjet Model

35, 35A, 36, and 36A series airplanes

was published in the Federal Register

on June 8, 2000 (65 FR 36391). That

action proposed to require revision of

the Airplane Flight Manual (AFM) to

add procedures for donning the

flightcrew oxygen masks when the cabin

altitude warning horn is activated. That

proposal was intended to prevent

incapacitation of the flightcrew due to

lack of oxygen and consequent loss of

control of the airplane due to absence of

AFM procedures for donning the

flightcrew oxygen masks when the cabin

altitude warning horn is activated.

Since the Issuance of the Proposal

The FAA has determined that the

identified unsafe condition is

adequately addressed by Step 1

(donning the oxygen mask following a

cabin high altitude warning) of the AFM

revision under paragraph (a) of the

proposed AD. In line with that

determination, it is no longer necessary

to include Steps 2 through 12 of

paragraph (a). The FAA has revised

paragraph (a) of the final rule

accordingly.

Comments on the Proposal

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Request To Withdraw the Proposal

One commenter states that it opposes

the adoption of the proposal, as well as

the FAA’s continued efforts to use

rulemaking to address ‘‘operational’’

concerns. The commenter contends that

airworthiness directives should only

address corrective actions that

specifically identify product flaws that

create an unsafe condition. In particular,

the commenter maintains that the

unsafe condition demands an

‘‘operational’’ as well as an educational

concern. The commenter further states

that its primary concern with the

proposal is that, in the accidents and

incidents reports where incapacitation

of the flightcrew was due to hypoxia,

the root design or mechanical flaw has

not been identified. The commenter

concludes that a pilot’s failure to don an

oxygen mask raises ‘‘operational’’

concerns that have nothing to do with

the specific problems concerning the

continued airworthiness of the product

in question. From these comments, the

FAA infers that the commenter requests

that the proposed AD be withdrawn.

The FAA does not concur that the

proposed AD should be withdrawn. The

purpose of an AD is to correct an

identified unsafe condition in products,

regardless of where the unsafe condition

is located or what it is caused by. The

current AFM does not contain

procedures to don oxygen masks when

the cabin altitude aural warning is

activated. The FAA considers that the

lack of such procedures constitutes an

unsafe condition and, as such, must be

corrected. In essence, the requirement to

revise the AFM to add procedures to

don oxygen masks when the cabin

altitude warning is activated serves to