70300 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

September 28, 1998; McDonnell Douglas

Alert Service Bulletin MD11–36A030,

Revision 02, dated July 27, 1999; McDonnell

Douglas Alert Service Bulletin MD11–

36A030, Revision 03, dated December 14,

1999; McDonnell Douglas Service Bulletin

MD11–36–018 R01, Revision 1, dated July 18,

1995; McDonnell Douglas Service Bulletin

MD11–36–026, dated September 30, 1996;

McDonnell Douglas Service Bulletin MD11–

36–025 R01, Revision 01, dated July 31, 1997;

and McDonnell Douglas Service Bulletin

MD11–36–028, dated December 7, 1998; is

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51.

(2) The incorporation by reference of

McDonnell Douglas Alert Service Bulletin

MD11–36A030, dated April 2, 1998, was

approved previously by the Director of the

Federal Register as of April 28, 1998 (63 FR

20066, April 23, 1998).

(3) 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

FAA, Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington; or at

the 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 27, 2000.

Issued in Renton, Washington, on

November 9, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–29377 Filed 11–21–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–13–AD; Amendment

39–12002; AD 2000–23–29]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 340B Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Saab Model SAAB

340B series airplanes, that requires a

one-time inspection to detect

discrepancies of the flight idle stop

override mechanism, and corrective

action, if necessary. This amendment is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this AD are

intended to prevent increased braking

distance for landings that require the

flight idle stop override, resulting from

the combination of failure of the

override mechanism and inability of the

power levers to be moved below the

flight idle position after touchdown.

DATES: Effective December 27, 2000. The

incorporation by reference of certain

publications, as listed in the regulations,

was approved previously by the Director

of the Federal Register as of May 19,

1998 (63 FR 18118, April 14, 1998).

ADDRESSES: The service information

referenced in this AD may be obtained

from Saab Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linko ̈ping,

Sweden. 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:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

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 Saab Model

SAAB 340B series airplanes was

published in the Federal Register on

March 15, 2000 (65 FR 13921). That

action proposed to require a one-time

inspection to detect discrepancies of the

flight idle stop override mechanism, and

corrective action, if necessary.

Comment Received

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comment received.

Objection to the Proposal

One commenter, an operator, states

that mandating the inspection proposed

in this AD has no value and will not

contribute to safety. The commenter

offers several reasons, described below,

for this assertion.

1. The commenter states that the cable

that originally stuck [prompting

issuance of a related FAA AD, AD 98–

08–16, amendment 39–10465 (63 FR

18118, April 14, 1998)], along with the

uplock switch and knob, is fully

contained within the control quadrant

installed on each airplane, and the

quadrants are interchangeable among

airplanes. The commenter considers it

extremely doubtful that the same

quadrants are still installed in the

airplanes that are specified in the

applicability of the proposed AD.

2. The commenter states that the

proposed AD does not cover quadrants

installed in airplanes with serial

numbers above 413, nor does it cover

quadrants installed in airplanes that

were listed in the original applicability

of AD 98–08–16. Yet those quadrants,

although not covered in that AD, have

the same flight idle stop override

mechanism as those installed on

airplanes specified in the applicability

of the proposed AD, and the commenter

asserts that the same safety concern

should exist on those airplanes as well.

3. Additionally, the commenter notes

the issuance of two other FAA AD’s, AD

99–21–31, amendment 39–11377 (64 FR

56426, October 20, 1999), and AD 99–

27–08, amendment 39–11489 (65 FR

209, January 4, 2000), that also address

the control quadrants. In order to

comply with the terminating action for

those AD’s, operators must remove the

quadrant from the airplane, and the

quadrant must be modified or replaced.

The commenter therefore asserts that a

quadrant installed on an airplane when

AD 98–08–16 was issued would no

longer be installed in its original,

unmodified condition.

4. The commenter also states that a

Maintenance Review Board (MRB) task

already exists to perform a periodic

operational check of the flight idle stop

override mechanism on all airplanes.

The commenter states that this check

would find any stiff or frozen cables in

the override system; therefore, the intent

of the proposed AD is already being

met.

FAA Response

The FAA infers that the commenter is

requesting that the proposed AD be

withdrawn. The FAA does not concur,

for the reasons set forth below. Further,

the FAA considers that reiteration of the

requirements for compliance with

airworthiness directives is necessary.

After the compliance time specified in

an AD has passed, all corrective actions

required by that AD must have been

accomplished in order to correct the

unsafe condition. If an airplane is

returned to a configuration that allows

the unsafe condition to exist, that

airplane is being operated contrary to

the requirements of the AD, which is

prohibited per section 39.3 of the

Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations 70301

Federal Aviation Regulations (14 CFR

39.3). The FAA provides specific

responses below to each of the

commenter’s assertions (numbered to

correspond with the commenter’s

issues).

1. AD 98–08–16 refers to Saab Service

Bulletin 340–76–041, dated May 29,

1997, and Revision 01, dated July 2,

1997, as the appropriate source of

service information for the actions

required by that AD. That service

bulletin specifies that certain control

quadrants (including those held as

spares) are to be inspected, and repaired

if necessary. Therefore, although control

quadrants may have subsequently been

interchanged among airplanes, the

inspection and corrective actions

required by AD 98–08–16 should have

been accomplished for all affected

quadrants. Additionally, the compliance

time for that AD has already passed. If

a quadrant is installed on an affected

airplane after that date, and the

quadrant has not been inspected per the

requirements of AD 98–08–16, the

airplane is being operated contrary to

the requirements of that AD. No change

to the final rule is necessary in this

regard.

2. The FAA does not concur that

additional airplanes are subject to the

identified unsafe condition. Saab

Service Bulletin 340–76–041 lists

airplanes only through serial number (S/

N) 413 in the effectivity; airplanes

having higher S/N’s did not need to be

included in this effectivity because they

were delivered with correctly

functioning control quadrants installed.

And, as stated above, for airplanes

having higher S/N’s that were affected

by the requirements of AD 98–08–16,

any quadrant installed after the

compliance time should have been

inspected according to the requirements

of that AD. No change to the final rule

is necessary in this regard.

3. The FAA acknowledges that other

existing AD’s may have required

replacement of control quadrants with

other quadrants. However, as stated

above, after the compliance time for

each AD has passed, the required

corrective actions specified in each AD

must have been accomplished for the

affected airplanes, and for control

quadrants subsequently installed on

those airplanes. The FAA acknowledges

that the one-time inspection required by

this AD may have been previously

accomplished as part of compliance

with other AD’s. In those cases, the

requirements of this AD have been

complied with, and no further action is

required. No change to the final rule is

necessary in this regard.

4. The FAA does not concur that the

existing MRB task alone is adequate to

address the unsafe condition identified

in this AD, because the compliance time

in the AD is much shorter than the time

interval specified for the task in the

MRB. However, the FAA has

determined that the procedures

specified in the MRB task for the

operational check may also be used for

compliance with the requirements of

this AD. A Note has been added to the

AD to give credit to operators that may

have accomplished the MRB task prior

to the effective date of this AD.

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

described previously. 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

The FAA estimates that 31 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 actions, and that the

average labor rate is $60 per work hour.

Based on these figures, the cost impact

of the AD on U.S. operators is estimated

to be $1,860, or $60 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.

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:

2000–23–29 SAAB Aircraft AB:

Amendment 39–12002. Docket 2000–

NM–13–AD.

Applicability: Model SAAB 340B series

airplanes, certificated in any category; serial

numbers –380 through –404 inclusive, –406

through –408 inclusive, and –410 through

–413 inclusive.

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 increased braking distance for

landings that require the flight idle stop

override, resulting from the combination of

failure of the override mechanism and

inability of the power levers to be moved

below the flight idle position after

touchdown, accomplish the following:

Inspection

(a) Within 30 days after the effective date

of this AD, perform a one-time inspection of

the flight idle stop override mechanism to

detect any discrepancy, in accordance with

Saab Service Bulletin 340–76–041, dated

May 29, 1997, or Revision 01, dated July 2,

70302 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

1997. If any discrepancy is found, prior to

further flight, replace the control quadrant

with a new or serviceable control quadrant in

accordance with the service bulletin.

Note 2: Accomplishment, prior to the

effective date of this AD, of an operational

check, as specified in SAAB 340

Maintenance Review Board (MRB) task

761501, is an acceptable method of

compliance with the one-time inspection

requirements of 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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

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

(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 Saab Service Bulletin 340–76–041,

dated May 29, 1997; or Saab Service Bulletin

340–76–041, Revision 01, dated July 2, 1997.

This incorporation by reference was

approved previously by the Director of the

Federal Register as of May 19, 1998 (63 FR

18118, April 14, 1998). Copies may be

obtained from Saab Aircraft AB, SAAB

Aircraft Product Support, S–581.88,

Linkping, Sweden. 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.

Note 4: The subject of this AD is addressed

in Swedish airworthiness directive 1–148,

dated November 18, 1999.

Effective Date

(e) This amendment becomes effective on

December 27, 2000.

Issued in Renton, Washington, on

November 15, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–29800 Filed 11–21–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–AWA–2]

RIN 2120–AA66

Revision to the Legal Description of

the Shaw Air Force Base Class C

Airspace Area; SC

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revises the legal

description of the Shaw Air Force Base

(AFB), SC, Class C airspace area by

changing the hours of area operation to

be consistent with current operational

requirements. This action designates the

Class C airspace area to be effective

during the specific days and hours of

operation of the Shaw AFB Airport

Traffic Control Tower (ATCT) as

established in advance by a Notice to

Airmen (NOTAM). The effective days

and times will thereafter be

continuously published in the Airport/

Facility Directory. Additionally, the

coordinates for the Sumter Municipal

Airport, as published in the notice of

proposed rulemaking for this action,

were inadvertently listed in error. This

action corrects the coordinates for the

airport listed in the legal description for

the Shaw AFB, SC, Class C airspace

area. This action does not change the

actual dimensions, configuration, or

operating requirements of the Shaw

AFB Class C airspace area.

EFFECTIVE DATE: January 25, 2001.

FOR FURTHER INFORMATION CONTACT:

Terry Brown, Airspace and Rules

Division, ATA–400, Office of Air Traffic

Airspace Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Background

On April 25, 2000, the FAA proposed

to revise the published effective times

for the Shaw AFB Class C airspace area

(65 FR 24136). Because the Shaw AFB

ATCT has reduced its hours of

operation, it is necessary to revise the

Class C airspace effective times to

coincide with the times that Class C air

traffic control services are available.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting comments on

the proposal to the FAA. No comments

objecting to the proposal were received.

However, an error was discovered in

coordinates for Sumter Municipal

Airport as published in the legal

description. Except for the correction to

those coordinates, this amendment is

the same as that proposed in the notice.

The Rule

This action amends 14 CFR part 71 by

revising the legal description of the

Shaw AFB Class C airspace area located

at Shaw AFB, SC. This action revises

the hours of operation for the Class C

airspace area to align them with current

airfield operations. The Shaw AFB Class

C airspace area is designated effective

during the specific days and hours of

operation of the Shaw AFB ATCT as

established in advance by NOTAM. This

action is a technical amendment to the

legal description and does not change

the actual dimensions, configuration, or

operating requirements of the Shaw

AFB Class C airspace area. During the

times that Shaw ATCT is not

operational, the airspace reverts to Class

E airspace since one of the requirements

for Class C airspace is an operational

ATCT. The radar approach control

operating hours remain unchanged.

Jacksonville Center assumes the

airspace when Shaw radar approach

control closes. In addition, this

amendment corrects the coordinates, as

published in the notice of proposed

rulemaking for this action, for the

Sumter Municipal Airport, which were

inadvertently listed in error in the legal

description for the Shaw AFB, SC, Class

C airspace area.

The coordinates for this airspace

docket are based on North American

Datum 83. Class C airspace areas are

published in paragraph 4000 of FAA

Order 7400.9H, dated September 1,

2000, and effective September 16, 2000,

which is incorporated by reference in 14

CFR 71.1. The Class C airspace area

listed in this document will be

published subsequently in the Order.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation: (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)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

economic impact on a substantial