This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

10951

Vol. 66, No. 35

Wednesday, February 21, 2001

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–206–AD; Amendment

39–12114; AD 2001–03–10]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747–100, –200, –300, –400, and

747SR Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD);

applicable to all Boeing Model 747–100,

–200, –300, –400, and 747SR series

airplanes; that requires a one-time

inspection to determine whether H–11

steel bolts are installed as attach and

support bolts at the trailing edge flap

transmissions, and replacement of any

H–11 steel bolt with an Inconel bolt.

The actions specified by this AD are

intended to prevent loss of a flap

transmission, which could reduce

lateral controllability of the airplane.

DATES: Effective March 28, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 28,

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:

Barbara Mudrovich, Aerospace

Engineer, Systems and Equipment

Branch, ANM–130S, FAA, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2983;

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

747–100, –200, –300, –400, and 747SR

series airplanes was published as a

supplemental notice of proposed

rulemaking (NPRM) in the Federal

Register on May 31, 2000 (65 FR 34604).

That action proposed to require a onetime inspection to determine whether

H–11 steel bolts are installed as attach

and support bolts at the trailing edge

flap transmissions, and replacement of

any H–11 steel bolt with an Inconel bolt.

That action also proposed to expand the

applicability of the original NPRM to

include additional airplanes.

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.

Request to Extend the Compliance Time

Several commenters request that the

compliance time for the proposed rule

be extended. The commenters’

suggestions for an appropriate

compliance time range from 16 to 24

months. Most commenters’ requests are

based on the need for additional time so

that subject H–11 steel bolts can be

replaced during a scheduled

maintenance visit. However, one

commenter, who suggests that a

compliance time of 18 months would

allow accomplishment of the AD during

a heavy maintenance visit, also states

that the replacement Inconel bolts listed

in the service bulletin are not available

in sufficient quantity to meet the needs

of all affected operators. The commenter

points out that, if adequate quantities of

replacement bolts are not available,

airplanes will be grounded. Similarly,

another commenter requests that the

FAA coordinate compliance times for

this AD with the airplane manufacturer

to ensure that an adequate supply of

parts is available for replacement of the

subject bolts on all airplanes in the

worldwide fleet.

The FAA concurs that the compliance

time for the actions required by this AD

may be extended. In developing an

appropriate compliance time for this

AD, the FAA considered not only the

degree of urgency associated with

addressing the subject unsafe condition,

but the amount of time necessary to

accomplish the necessary actions, the

practical aspect of accomplishing the

requirement within an interval of time

that parallels normal scheduled

maintenance for affected operators, and

the availability of replacement parts. In

consideration of these factors, the FAA

has determined that 18 months

represents an appropriate compliance

time allowable wherein an acceptable

level of safety can be maintained.

Paragraph (a) of this AD has been

revised accordingly.

Though the FAA is extending the

compliance time for the actions required

by this AD, it should be noted that the

FAA does not concur with the comment

that the replacement Inconel bolts listed

in the service bulletin are not available

in sufficient quantity to meet the needs

of all affected operators. The FAA has

confirmed with the airplane

manufacturer that an adequate supply of

bolts is available.

Request To Provide Relief for Operators

of Certain Airplanes

One commenter requests various

changes to the proposed rule to

differentiate between airplanes

delivered with H–11 steel bolts and

airplanes not delivered with H–11 steel

bolts, but that may have had such bolts

installed as spares. The commenter

states that, to avoid confusion, the

proposed AD must be revised to make

clear that H–11 steel bolts were not used

as attach and support bolts at the

trailing edge flap transmissions in

airplanes having line number (L/N) 872

and subsequent. The commenter asserts

that, while this was apparent in the

original NPRM, it was not clear in the

supplemental NPRM. The purpose of

the commenter’s proposed changes is to

provide relief to operators of airplanes

not delivered with H–11 steel bolts. The

commenter specifically requests that the

FAA divide the applicability of the AD

into three groups, and that operators of

certain airplanes be given the option of

examining the maintenance records to

10952 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Rules and Regulations

determine if any major flap transmission

or flap track repair or replacement has

been done on the airplane. If no such

repair or replacement has been done, no

further action would be necessary for

that airplane.

The FAA concurs with the intent of

the commenter’s request, though not

with the grouping of airplanes suggested

by the commenter. The FAA finds that

operators of airplanes that were not

delivered with H–11 steel bolts may be

allowed to comply with this AD by

inspecting the maintenance records for

the airplane to determine if H–11 steel

bolts may have been installed during a

repair or replacement of a flap

transmission or flap track. If the

inspection of maintenance records

conclusively shows that no major repair

or replacement of a flap transmission or

flap track has been done, then no further

action is necessary for that airplane.

Therefore, the FAA has revised this

final rule to include a new paragraph

(b), which offers operators of airplanes

having L/N 872 and subsequent the

option of an inspection of maintenance

records to be performed instead of the

inspection in paragraph (a) of this AD.

(Subsequent paragraphs have been

reordered accordingly.)

Request To Reduce Applicability

One commenter disagrees with the

expansion of the applicability that was

proposed in the supplemental NPRM.

The commenter states that it is an

operator’s responsibility to track

components removed from one airplane

and installed on another. The

commenter states that it is unfair to

penalize operators who are able to track

components from airplane to airplane.

The FAA concurs with the

commenter’s intent. As explained

above, the FAA has added paragraph (b)

to this final rule to give operators of

airplanes that were not delivered with

H–11 steel bolts the option to inspect

the maintenance records for the airplane

to determine if H–11 steel bolts may

have been installed during a repair or

replacement. If the maintenance records

conclusively show that no major repair

or replacement of a flap transmission or

flap track has been done, then no further

action is necessary for that airplane.

However, if it cannot be determined

from the inspection of the maintenance

records if such repair or replacement

has been done, this AD requires an

inspection for H–11 steel bolts, and

follow-on corrective actions, if

necessary. No further change to the final

rule is necessary in this regard.

Request To Prohibit Future Installation

of H–11 Steel Bolts

One commenter requests that the FAA

revise the proposed rule to include a

statement that no airplane may be

modified to introduce H–11 steel bolts

into the flap transmissions. The

commenter states that such a statement

is necessary to ensure that H–11 steel

bolts are not installed in the flap

transmissions of the subject airplanes

(e.g., from spares) after the effective date

of this AD. In a related issue addressed

separately above, the same commenter

proposes dividing the applicability of

this AD into three groups, with one

group of airplanes—those delivered

after the effective date of this AD (Group

3)—requiring no action per this AD.

The FAA does not concur with the

commenter’s request. Revising the

proposed rule to prohibit installation of

H–11 steel bolts into the flap

transmissions after the effective date of

this AD would involve adding a new

requirement to this AD, which would

necessitate issuing another

supplemental NPRM and reopening the

public comment period. Considering the

criticality of the unsafe condition, the

FAA finds that it would be

inappropriate to delay issuance of the

final rule in this way. This AD will

prohibit installation of H–11 steel bolts

after 18 months following the effective

date of this AD, and the FAA finds that

this 18-month interval is adequate to

both ensure that all affected operators

will be able to comply with this AD in

a timely manner and ensure the safety

of the affected airplane fleet. No change

to the final rule is necessary in this

regard.

Request To Allow Deferred

Replacement of Bolts

One commenter states that it ‘‘seems

strange’’ that the FAA is allowing a

compliance time of one year for the

inspection but requiring the

replacement before further flight of any

H–11 steel bolt with an Inconel bolt.

Another commenter points out that

dispatch relief provided by Boeing Alert

Service Bulletin 747–27A2376, dated

July 1, 1999, via a torque check of H–

11 steel bolts was omitted from the

proposed rule.

The commenters make no specific

request for a change to the proposed

rule. However, the FAA infers that the

commenters are requesting that the FAA

allow deferred replacement of H–11

steel bolts that are not broken, as

provided in the service bulletin. The

FAA does not concur with this request.

As explained in the original NPRM,

though the service bulletin describes an

option to defer replacement of an H–11

steel bolt by performing a torque

inspection to determine whether the H–

11 steel bolt is broken, the FAA has

determined that such a deferral would

not result in the unsafe condition being

addressed in a timely manner. In

addition, as explained previously, the

FAA is extending the compliance time

for the inspection required by this AD

from 12 to 18 months. This extension of

the compliance time will allow

operators to plan appropriately for

doing this AD on their airplanes, so that

the required actions may be done during

a scheduled maintenance visit. No

further change to this AD 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 changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

There are approximately 1,240

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

281 airplanes of U.S. registry will be

affected by this AD.

The required inspection will take

approximately 2 work hours per

airplane at an average labor rate of $60

per work hour. Based on these figures,

the FAA estimates the cost impact of

this inspection on U.S. operators to be

$33,720, or $120 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.

Should an operator be required to

accomplish the bolt replacement, it will

take approximately 4 work hours per

airplane (0.5 hour per transmission), at

an average labor rate of $60 per work

hour. Required parts will cost

approximately $5,049 per airplane.

Based on these figures, the FAA

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Rules and Regulations 10953

estimates the cost impact of the

replacement to be $5,289 per airplane.

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:

2001–03–10 Boeing: Amendment 39–12114.

Docket 99–NM–206–AD.

Applicability: All Model 747–100, –100B,

–100B SUD, –200B, –200C, –200F, –300,

–400, –400D, –400F, and 747SR 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 loss of a flap transmission,

which could reduce lateral controllability of

the airplane, accomplish the following:

Replacement

(a) Except as provided by paragraph (b) of

this AD, within 18 months after the effective

date of this AD, perform a one-time general

visual inspection to determine whether H–11

steel bolts are installed as attach and support

bolts at the trailing edge flap transmissions,

in accordance with Boeing Alert Service

Bulletin 747–27A2376, dated July 1, 1999.

(1) If no H–11 steel bolt is found, no further

action is required by this AD.

(2) If any H–11 steel bolt is found, before

further flight, replace with an Inconel bolt, in

accordance with the alert service bulletin.

Note 2: For the purposes of this AD, a

general visual inspection is defined as: ‘‘A

visual examination of an interior or exterior

area, installation, or assembly to detect

obvious damage, failure, or irregularity. This

level of inspection is made under normally

available lighting conditions such as

daylight, hangar lighting, flashlight, or droplight, and may require removal or opening of

access panels or doors. Stands, ladders, or

platforms may be required to gain proximity

to the area being checked.’’

Alternative Inspection for Certain Airplanes

(b) For airplanes having line number (L/N)

872 and subsequent: Instead of doing

paragraph (a) of this AD, it is acceptable to

inspect airplane maintenance records to

determine if a flap transmission or flap track

repair or replacement has been done. This

inspection of the maintenance records, if

done, is required at the same 18-month

compliance time as the inspection required

by paragraph (a) of this AD.

(1) If no flap transmission or flap track

repair or replacement has been done: No

further action is required by this AD.

(2) If any flap transmission or flap track

repair or replacement has been done, or if it

cannot be determined from the inspection of

the maintenance records if such repair or

replacement has been done: Within 18

months after the effective date of this AD, do

paragraph (a) of this AD.

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 3: 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) Except as provided by paragraph (b) of

this AD, the actions shall be done in

accordance with Boeing Alert Service

Bulletin 747–27A2376, dated July 1, 1999.

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

March 28, 2001.

Issued in Renton, Washington, on February

8, 2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–3699 Filed 2–20–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–224–AD; Amendment

39–12116; AD 2001–03–12]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace (Jetstream) Model 4101

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to all British Aerospace

(Jetstream) Model 4101 airplanes, that

currently requires repetitive inspections

to detect loose or migrated levers of the

elevator cable tension regulators, and

replacement of the regulator assembly

with a new assembly, if necessary. This

amendment requires modification of the

elevator cable tension regulator lever

assembly, terminating the repetitive

inspections. This amendment is