34098 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations

Actions Accomplished Previously and

Terminating Actions

(c) For certain airplanes, actions described

in the original issuance of Raytheon Service

Bulletin SB 21–3377 may have been

accomplished prior to the effective date of

this AD. On those airplanes, those actions are

not required to be repeated, as allowed by the

phrase, ‘‘unless accomplished previously.’’

However, any action described in Raytheon

Service Bulletin SB 21–3377, Revision 1,

dated July 2000; or Raytheon Service Bulletin

SB 21–3414, Revision 1, dated July 2000, that

has not been accomplished on those

airplanes must be accomplished in

accordance with this AD. Accomplishment of

the actions specified in both Raytheon

Service Bulletin SB 21–3377, Revision 1,

dated July 2000; and Raytheon Service

Bulletin SB 21–3414, Revision 1, dated July

2000, is considered to be terminating action

for the requirements of this AD.

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, Wichita

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, Wichita ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

Special Flight Permits

(e) 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

(f) The actions shall be done in accordance

with Raytheon Service Bulletin SB 21–3377,

Revision 1, dated July 2000; and Raytheon

Service Bulletin SB 21–3414, Revision 1,

dated July 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 Raytheon Aircraft Company,

Department 62, P.O. Box 85, Wichita, Kansas

67201–0085. Copies may be inspected at the

FAA, Transport Airplane Directorate, 1601

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

the FAA, Wichita Aircraft Certification

Office, 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Effective Date

(g) This amendment becomes effective on

August 1, 2001.

Issued in Renton, Washington, on June 19,

2001.

Kalene C. Yanamura,

Acting Manager,, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–15932 Filed 6–26–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–193–AD; Amendment

39–12294; AD 2001–12–51]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–800 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting airworthiness directive (AD)

2001–12–51 that was sent previously to

all known U.S. owners and operators of

all Boeing Model 737–800 series

airplanes by individual notices. This AD

requires revising the Airplane Flight

Manual (AFM) to prohibit operating the

airplane at speeds in excess of 300 knots

indicated airspeed (KIAS) with

speedbrakes extended. This AD also

provides for optional terminating action

for the AFM revision. This action is

prompted by a report indicating that

severe vibration of the horizontal

stabilizer occurred on a Boeing Model

737–800 series airplane. The actions

specified by this AD are intended to

prevent severe vibration of the elevator

and elevator tab assembly following

deployment of the speedbrakes, which,

if not corrected, could result in severe

damage to the horizontal stabilizer,

followed by loss of controllability of the

airplane.

DATES: Effective July 2, 2001, to all

persons except those persons to whom

it was made immediately effective by

emergency AD 2001–12–51, issued June

13, 2001, which contained the

requirements of this amendment.

Comments for inclusion in the Rules

Docket must be received on or before

August 27, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

193–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. 2001–NM–193–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.

Information pertaining to this

amendment may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

Nancy H. Marsh, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2028; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: On June

13, 2001, the FAA issued emergency AD

2001–12–51, which is applicable to all

Boeing Model 737–800 series airplanes.

Background

The FAA has received a report

indicating that severe vibration of the

horizontal stabilizer occurred on a

Boeing Model 737–800 series airplane.

The airplane was operating at an

altitude of 23,000 feet and an airspeed

of 320 knots indicated airspeed (KIAS).

This high frequency vibration was

initiated by deployment of the

speedbrakes during flight; it continued

unabated for approximately 40 seconds,

even though the speedbrakes were

retracted.

Results of post-event analysis and

investigation indicate that the type of

vibration of the elevator and elevator tab

assembly following deployment of the

speedbrakes, if not corrected, could

result in severe damage to the horizontal

stabilizer, followed by loss of

controllability of the airplane.

FAA’s Conclusions

In light of this information, the FAA

finds that certain new limitations

should be included in the FAAapproved Airplane Flight Manual

(AFM) for Model 737–800 series

airplanes to prohibit operating the

airplane at speeds in excess of 300 KIAS

with speedbrakes extended. The FAA

has determined that an airspeed of 300

KIAS provides an acceptable safety

margin compared to the 320–KIAS

Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations 34099

airspeed at which the severe vibration

occurred.

Other Similar Models

Operators should note that Model

737–600, –700, –700C, and –900 series

airplanes are not included in the

applicability of this AD. Existing

analysis and flight testing data have not

shown that Model 737–600, –700, and

–700C series airplanes are subject to this

severe vibration. Modified elevator tabs

have already been installed on Model

737–900 series airplanes.

Explanation of Requirements of the

Rule

Since the unsafe condition described

is likely to exist or develop on other

airplanes of the same type design, the

FAA issued emergency AD 2001–12–51

to prevent severe vibration of the

elevator and elevator tab assembly

following deployment of the

speedbrakes, which, if not corrected,

could result in severe damage to the

horizontal stabilizer, followed by loss of

controllability of the airplane. The AD

requires revising the AFM to prohibit

operating the airplane at speeds in

excess of 300 KIAS with speedbrakes

extended. The AD also provides for

optional terminating action for the AFM

revision.

Since the issuance of the emergency

AD, an issue has been raised about

whether this limitation has the effect of

prohibiting operation at airspeeds above

300 KIAS in the event of an emergency

descent (e.g., necessitated by rapid

decompression of the fuselage). It was

always the FAA’s intent that the pilot

would be able to operate as necessary in

the event of an emergency as permitted

in accordance with 14 CFR 91.3. This

AD does not change that authority.

Interim Action

This AD is considered to be interim

action. The specific details of the

modification discussed previously are

being developed, but are not yet

available for dissemination to affected

operators. Once the modification of the

elevator tab assembly discussed

previously is developed, approved, and

available, the FAA may consider further

rulemaking.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

notices issued on June 13, 2001, to all

known U.S. owners and operators of

Boeing Model 737–800 series airplanes.

These conditions still exist, and the AD

is hereby published in the Federal

Register as an amendment to section

39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective to all persons.

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.

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 2001–NM–193–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.

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, 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:

2001–12–51 Boeing: Amendment 39–12294.

Docket 2001–NM–193–AD.

Applicability: All Model 737–800 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 ensure that the flight crew is advised of

the potential hazard associated with

extending the speedbrakes at speeds in

excess of 300 knots indicated airspeed

(KIAS), accomplish the following:

Airplane Flight Manual (AFM) Revision

(a) Within 24 clock hours after the effective

date of this AD, revise the Limitations

34100 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations

Section of the FAA-approved AFM to include

the following information. This may be

accomplished by inserting a copy of this AD

into the Limitations Section of the AFM.

‘‘Do not operate the airplane at speeds in

excess of 300 KIAS with speedbrakes

extended.

WARNING: Use of speedbrakes at speeds

in excess of 320 KIAS could result in a severe

vibration, which, in turn, could cause

extreme damage to the horizontal stabilizer.’’

Optional Terminating Action

(b) Modification or retrofit of the elevator

tab assembly in accordance with a method

approved by the Manager, Seattle Aircraft

Certification Office (ACO), FAA, constitutes

terminating action for the AFM revision

required by paragraph (a) of this AD.

Following such modification or retrofit, that

AFM revision may be removed from the

AFM.

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

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Operations or 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.

Effective Date

(d) This amendment becomes effective on

July 2, 2001, to all persons except those

persons to whom it was made immediately

effective by emergency AD 2001–12–51,

issued on June 13, 2001, which contained the

requirements of this amendment.

Issued in Renton, Washington, on June 20,

2001.

Kalene C. Yanamura,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–16051 Filed 6–26–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–177–AD; Amendment

39–12293; AD 2001–13–13]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A330 and A340 Series 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 all Airbus Model A330

and A340 series airplanes. This action

requires revising the Airplane Flight

Manual to advise the flight crew of

appropriate procedures to follow in the

event of lost or erroneous airspeed

indications. This action is necessary to

prevent inadvertent excursions outside

the normal flight envelope. This action

is intended to address the identified

unsafe condition.

DATES: Effective July 12, 2001.

Comments for inclusion in the Rules

Docket must be received on or before

July 27, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

177–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-iarcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2001–NM–177–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.

Information concerning this AD may

be examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Tamra Elkins, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2669;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, notified the FAA

that an unsafe condition may exist on

all Airbus Model A330 and A340 series

airplanes. The DGAC advises that

operators have reported several cases of

sudden fluctuation of airspeed

indications (including calibrated

airspeed, true airspeed, and Mach) in

cruise during severe icing conditions.

Lost or erroneous airspeed indications

could result in lack of sufficient

information for the flight crew to safely

operate the airplane, and consequent

inadvertent excursions outside the

normal flight envelope.

DGAC Actions

The DGAC has issued French

airworthiness directives 2001–068(B)

and 2001–069(B), both dated February

21, 2001, to ensure the continued

airworthiness of these airplanes in

France. Those directives and this AD

advise the flight crew to follow the same

procedures under the same conditions.

FAA’s Conclusions

These airplane models are

manufactured in France and are type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the DGAC has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the DGAC,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD is being issued to

prevent inadvertent excursions outside

the normal flight envelope due to

insufficient information for the flight

crew to safely operate the airplane. This

AD requires revising the FAA-approved

Airplane Flight Manual (AFM) to advise

the flight crew of appropriate

procedures to follow in the event of

such airspeed anomalies.

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