This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

29514

Vol. 66, No. 105

Thursday, May 31, 2001

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–44–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–100, –200, –200C, –300,

–400, and –500 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Boeing Model 737–100, –200,

–200C, –300, –400, and –500 series

airplanes. This proposal would require

initial and repetitive inspections of the

elevator tab assembly to find any

damage or discrepancy; and corrective

actions, if necessary. This action is

necessary to prevent excessive in-flight

vibrations of the elevator tab, which

could lead to loss of the elevator tab and

consequent loss of controllability of the

airplane. This action is intended to

address the identified unsafe condition.

DATES: Comments must be received by

July 16, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

44–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

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–

anm–nprmcomment@faa.gov.

Comments sent via fax or the Internet

must contain ‘‘Docket No. 2000–NM–

44–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

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Nenita Odesa, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2557; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this action may be changed in light

of the comments received.

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 proposed 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 proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this action

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000–NM–44–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

2000–NM–44–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received several reports

indicating high-frequency airframe

vibrations of the elevator tab on certain

Boeing Model 737 series airplanes

during flight. Such vibrations have been

attributed to excessive free-play of the

elevator tab, resulting in severe damage

to the elevator, elevator tab, and elevator

tab control mechanism. Several reports

indicated that the source of the

vibration was an elevator tab vibrating

due to wear of the hinges and the

control system, which caused the

elevator tab assemblies to come loose.

Another report indicated incorrect

installation of the elevator tab assembly

and tab control mechanism due to

improper maintenance. In one incident,

a portion of the elevator tab separated

from the airplane causing damage to the

elevator tab, elevator, and horizontal

stabilizer. In another incident there was

severe damage to the airplane’s elevator

and elevator tab assembly. Several

incidents resulted in severe structural

damage to the elevator tab assembly.

These conditions, if not corrected, could

result in loss of the elevator tab and

consequent loss of controllability of the

airplane.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Service Bulletin 737–55A1070,

Revision 1, dated May 10, 2001,

including Appendices A, B, and C. The

inspection procedures specified in this

service bulletin are listed in the table,

below:

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Proposed Rules 29515

INSPECTION PROCEDURES

Work package and action specified Figure

I—Initial detailed visual/free play inspections of the following:

• Attachment of the elevator tab assembly at four hinge locations .................................................................................................... 3, 4

• Elevator tab trailing edge ................................................................................................................................................................. 3, 4

• Elevator tab axial .............................................................................................................................................................................. 3, 4

• Elevator tab control mechanism to the horizontal stabilizer, elevator front spar, and elevator tab push rods ............................... 5–7

• Elevator tab push rods to the elevator tab mast fitting/tab rod adjustment lock nut ....................................................................... 5–7

• Elevator tab assembly installation .................................................................................................................................................... 8–11

Note: The service bulletin recommends scheduling the repetitive inspections to coincide with the inspections specified in

Work Packages II and III.

II—Repetitive free-play inspections of the following:

• Elevator tab hinges 1 through 4 ....................................................................................................................................................... 3, 4

• Elevator tab trailing edge ................................................................................................................................................................. 3, 4

• Elevator tab axial .............................................................................................................................................................................. 3, 4

III—Repetitive free-play inspections of the following:

• Elevator tab hinges 1 through 4 ....................................................................................................................................................... 3, 4

• Elevator tab trailing edge ................................................................................................................................................................. 3, 4

• Elevator tab axial .............................................................................................................................................................................. 3, 4

In addition, the service bulletin

specifies corrective actions that include,

among other things, repairing, replacing,

reworking; and aligning and torqueing

certain components. Procedures also

specify the replacement of any damaged

or discrepant part with a new part, or

repair, as applicable. Discrepancies

include loose or missing parts or

excessive wear.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, this proposed AD is being

issued to prevent excessive in-flight

airframe vibrations of the elevator tab,

which could lead to loss of the elevator

tab and consequent loss of

controllability of the airplane. This

proposed AD requires initial and

repetitive inspections of the elevator tab

assembly to find any damage or

discrepancy; and corrective actions, if

necessary. The proposed AD would

require accomplishment of the actions

specified in the service bulletin

described previously, except as

discussed below.

Difference Between the Service Bulletin

and This Proposed AD

Although the service bulletin uses the

term ‘‘check’’ for certain inspections,

this AD uses the term ‘‘inspection.’’

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Cost Impact

There are approximately 2,790 Model

737 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 1,080 airplanes of U.S.

registry would be affected by this

proposed AD.

Work

package

Work

hours @

$60/WH

Cost per

airplane Fleet cost

I ............. 18 $1,080 $1,166,400

II ............ 9 540 583,200

III ........... 14 840 907,200

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this proposed 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 proposed herein

would 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 proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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 draft

regulatory 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Boeing: Docket 2000–NM–44–AD.

Applicability: Model 737–100, –200,

–200C, –300, –400, and –500 series airplanes,

line numbers 1 through 3132 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

29516 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Proposed Rules

owner/operator must request approval for an

alternative method of compliance per

paragraph (d) 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 excessive in-flight vibrations of

the elevator tab, which could lead to loss of

the elevator tab and consequent loss of

controllability of the airplane, accomplish

the following:

Initial/Repetitive Inspections

(a) Do the applicable initial detailed visual/

free play inspections of the elevator tab

assembly on the left and right sides of the

airplane to find any damage or discrepancy

per Work Package I of Boeing Service

Bulletin 737–55A1070, Revision 1, dated

May 10, 2001; at the times specified in

paragraph (a)(1) or (a)(2) of this AD, as

applicable. Repeat the free-play inspections

after that at intervals not to exceed 1,500

flight cycles or 2,000 flight hours, whichever

comes first, per either Work Package II or

Work Package III of the service bulletin.

Note 2: There is a one-way

interchangeability between the free-play

inspections specified in Work Packages II

and III. The repetitive free-play inspections

specified in Work Package II can be replaced

by the repetitive free-play inspections

specified in Work Package III. But the

repetitive free-play inspections specified in

Work Package III cannot be replaced by the

repetitive free-play inspections specified in

Work Package II.

(1) For airplanes having less than 4,500

total flight cycles: Before the accumulation of

4,500 total flight cycles or within 120 days

after the effective date of this AD, whichever

comes later.

(2) For airplanes having 4,500 or more total

flight cycles: Do the inspections at the times

specified in paragraph (a)(2)(i) or (a)(2)(ii), as

applicable.

(i) Within 120 days after the effective date

of this AD.

(ii) If the initial inspections were done

before the effective date of this AD per

Boeing All Operator Telex M–7200–00–

00034, dated February 15, 2000: Within 1,500

flight cycles or 2,000 flight hours after the

effective date of this AD, whichever comes

later.

Note 3: Initial inspections done before the

effective date of this AD per Boeing Alert

Service Bulletin 737–55A1070, dated January

13, 2000, are considered acceptable for

compliance with the initial inspections

required by paragraph (a) of this AD.

Note 4: For the purposes of this AD, a

detailed inspection is defined as: ‘‘An

intensive visual examination of a specific

structural area, system, installation or

assembly to find damage, failure or

irregularity. Available lighting is normally

supplemented with a direct source of good

lighting at intensity deemed appropriate by

the inspector. Inspection aids such as mirror,

magnifying lenses, etc. may be used. Surface

cleaning and elaborate access procedures

may be required.’’

(b) Within 4,500 flight cycles or 6,000

flight hours, whichever comes first, after

doing the initial inspections required by

paragraph (a) of this AD: Do the free-play

inspections of the elevator tab assembly on

the left and right sides of the airplane to find

any damage or discrepancy per Work Package

III of Boeing Service Bulletin 737–55A1070,

Revision 1, dated May 10, 2001. Repeat the

inspections after that at intervals not to

exceed 4,500 flight cycles or 6,000 flight

hours, whichever comes first.

Corrective Actions

(c) If any damage or discrepancy is found

after doing any inspection required by

paragraphs (a) and (b) of this AD, before

further flight, do the applicable corrective

action per the Accomplishment Instructions

of Boeing Service Bulletin 737–55A1070,

Revision 1, dated May 10, 2001.

Alternative Methods of Compliance

(d) 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 5: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permit

(e) Special flight permits may be issued per

§§ 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.

Issued in Renton, Washington, on May 23,

2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–13582 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 01–AEA–15]

Notice of Proposed Rulemaking

AGENCY: Federal Aviation

Administration (FAA), DOT.

SUMMARY: This notice proposes to

establish Class E airspace at Pelham

Lake, VA. A helicopter Point in Space

approach, has been developed for

Culpeper Memorial Hospital, located in

the vicinity of Pelham Lake, VA.

Controlled airspace extending upward

from 700 feet to 1200 feet Above Ground

Level (AGL) is needed to contain aircraft

executing the approach. This action

proposes to establish Class E airspace to

include the Point in Space approach to

Culpeper Memorial Hospital Heliport.

The area would be depicted on

aeronautical charts for pilot reference.

DATES: Comments must be received on

or before July 2, 2001.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

Airspace Branch, AEA–520, Docket No.

01–AEA–15, F.A.A. Eastern Region, 1

Aviation Plaza, Jamaica, NY 11434–

4809.

The official docket may be examined

in the Office of the Regional Counsel,

AEA–7, F.A.A. Eastern Region, 1

Aviation Plaza, Jamaica, NY 11434–

4809.

An informal docket may also be

examined during normal business hours

in the Airspace Branch, AEA–520,

F.A.A. Eastern Region, 1 Aviation Plaza,

Jamaica, NY 11434–4809.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis T. Jordan, Jr., Airspace

Specialist, Airspace Branch, AEA–520

F.A.A. Eastern Region, 1 Aviation Plaza,

Jamaica, NY 11434–4809; telephone:

(718) 553–4521.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, economic, environmental,

and energy-related aspects of the

proposal. Communications should

identify the airspace docket number and

be submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 01–

AEA–15’’. The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the closing date

for comments will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be changed in light of comments

received. All comments submitted will

be available for examination in the