Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Proposed Rules 62315

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 99–NM–380–AD. 

Applicability: Model 737–300, –400, and

–500 series airplanes, certificated in any

category; as listed in Boeing Alert Service

Bulletin 737–53A1208, dated May 6, 1999.

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 (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 detect fatigue cracking of the forward

pressure bulkhead, which could result in

rapid decompression of the airplane fuselage,

accomplish the following:

Initial and Repetitive Inspections

(a) Before the accumulation of 20,000 total

flight cycles, or within 3,000 flight cycles

after the effective date of this AD, whichever

occurs later: Perform the applicable

inspections of the vertical and side chord

areas of the forward pressure bulkhead to

detect cracking, in accordance with the

Accomplishment Instructions of Boeing Alert

Service Bulletin 737–53A1208, dated May 6,

1999. Thereafter, repeat the inspections at

intervals not to exceed 6,000 flight cycles

until the preventive modifications required

by paragraph (c) of this AD have been

accomplished.

Repair

(b) If any cracking is detected during any

inspection required by paragraph (a) of this

AD, before further flight, repair the area in

accordance with the Accomplishment

Instructions of Boeing Alert Service Bulletin

737–53A1208, dated May 6, 1999.

Terminating Action

(c) Before the accumulation of 75,000 total

flight cycles, or within 12,000 flight cycles

after the effective date of this AD, whichever

occurs later: Accomplish preventive

modifications of the vertical and side chord

areas of the forward pressure bulkhead, in

accordance with the Accomplishment

Instructions of Boeing Alert Service Bulletin

737–53A1208, dated May 6, 1999.

Accomplishment of these modifications

constitutes terminating action for the

repetitive inspections required by paragraph

(a) 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, 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 2: 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 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.

Issued in Renton, Washington, on October

12, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–26711 Filed 10–17–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–CE–63–AD]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company Beech Models 35–

C33A, E33A, E33C, F33A, F33C, S35,

V35, V35A, V35B, 36, and A36

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to all Raytheon

Aircraft Company (Raytheon) Beech

Models 35–C33A, E33A, E33C, F33A,

F33C, S35, V35, V35A, V35B, 36, and

A36 airplanes that incorporate a certain

Teledyne Continental engine

configuration. The proposed AD would

require you to repetitively replace the

existing Aeroquip V-band exhaust

clamp. The actions specified by the

proposed AD are intended to prevent

the exhaust stack from detaching from

the turbocharger due to failure of the Vband exhaust clamp. Clamp failure

could result in the release of high

temperature gases inside the engine

compartment with a consequent fire in

the engine compartment.

DATES: The Federal Aviation

Administration (FAA) must receive any

comments on this rule on or before

December 11, 2000.

ADDRESSES: Submit comments in

triplicate to the FAA, Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 99–CE–63–

AD, 901 Locust, Room 506, Kansas City,

Missouri 64106. Comments may be

inspected at this location between 8

a.m. and 4 p.m., Monday through

Friday, holidays excepted.

You may get the service information

referenced in the proposed AD from

Tornado Alley Turbo, Inc., 300 Airport

Road, Ada, Oklahoma 74820; telephone:

toll free 1–800–FLY–GAMI, or (580)

332–3510; facsimile: (580) 332–4577.

You may examine this information at

the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Peter W. Hakala, Aerospace Engineer,

FAA, Rotorcraft Directorate, Special

Certification Office, 2601 Meacham

Blvd., Fort Worth, Texas 76193–0190;

telephone: (817) 222–5145; facsimile:

(817) 222–5785.

SUPPLEMENTARY INFORMATION:

62316 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Proposed Rules

Comments Invited

How do I Comment on the Proposed

AD?

The FAA invites comments on this

proposed rule. You may submit

whatever written data, views, or

arguments you choose. You need to

include the rule’s docket number and

submit your comments in triplicate to

the address specified under the caption

ADDRESSES. The FAA will consider all

comments received on or before the

closing date. We may amend the

proposed rule in light of comments

received. Factual information that

supports your ideas and suggestions is

extremely helpful in evaluating the

effectiveness of the proposed AD action

and determining whether we need to

take additional rulemaking action.

Are There any Specific Portions of the

AD I Should pay Attention to?

The FAA specifically invites

comments on the overall regulatory,

economic, environmental, and energy

aspects of the proposed rule that might

suggest a need to modify the rule. You

may examine all comments we receive

before and after the closing date of the

rule in the Rules Docket. We will file a

report in the Rules Docket that

summarizes each FAA contact with the

public that concerns the substantive

parts of the proposed AD.

We are re-examining the writing style

we currently use in regulatory

documents, in response to the

Presidential memorandum of June 1,

1998. That memorandum requires

federal agencies to communicate more

clearly with the public. We are

interested in your comments on whether

the style of this document is clearer, and

any other suggestions you might have to

improve the clarity of FAA

communications that affect you. You

can get more information about the

Presidential memorandum and the plain

language initiative at http://

www.plainlanguage.gov. 

How can I be Sure FAA Receives my

Comment?

If you want us to acknowledge the

receipt of your comments, you must

include a self-addressed, stamped

postcard. On the postcard, write

‘‘Comments to Docket No. 99–CE–63–

AD.’’ We will date stamp and mail the

postcard back to you.

Discussion

What Events Have Caused This

Proposed AD?

The FAA has received reports of two

instances where an Aeroquip V-band

exhaust clamp (Aeroquip part number

(P/N) 00624–4404C375–M) failed on

Raytheon Models Beech A36 airplanes.

This V-band exhaust clamp is part of the

installation configuration of Tornado

Alley Turbo, Inc. Supplemental Type

Certificate (STC) SA5223NM and STC

SE5222NM. The incorporation of these

STC’s installs a Teledyne Continental

engine equipped with a

turbonormalizing system on Raytheon

Beech Models 35–C33A, E33A, E33C,

F33A, F33C, S35, V35, V35A, V35B, 36,

and A36 airplanes. The V-band exhaust

clamp, P/N 00624–4404C375–M,

attaches the exhaust stack to the

turbocharger.

What are the Consequences if the

Condition is not Corrected?

The exhaust stack detaching from the

turbocharger could result in the release

of high temperature gases inside the

engine compartment with a consequent

fire in the engine compartment.

Relevant Service Information

Is There Service Information That

Applies to this Subject?

The STC holder, Tornado Alley

Turbo, Inc., has issued Mandatory

Service Bulletin Number TAT 98–1,

dated November 21, 1998.

What are the Provisions of This Service

Bulletin?

The service bulletin includes

procedures for inspecting the Aeroquip

V-band exhaust clamp (Aeroquip P/N

00624–4404C375–M) for cracks.

Replacement instructions are

included in the Turbo-FliteTM 520/550

System Maintenance and

Troubleshooting manual.

The FAA’s Determination and an

Explanation of the Provisions of the

Proposed AD

What has FAA Decided?

After examining the circumstances

and reviewing all available information

related to the incidents described above,

we have determined that:

—the unsafe condition referenced in

this document exists or could develop

on other Raytheon Beech Models 35–

C33A, E33A, E33C, F33A, F33C, S35,

V35, V35A, V35B, 36, and A36

airplanes of the same type design that

incorporate STC SA5223NM and STC

SE5222NM;

—the affected V-band exhaust clamp

should be replaced at each 400 hours

time-in-service (TIS) instead of

relying on repetitive inspections to

detect problems; and

—AD action should be taken in order to

correct this unsafe condition.

What Would this Proposed AD Require?

This proposed AD requires you to

repetitively replace the V-band exhaust

clamp, Aeroquip P/N 00624–4404C375–

M.

Could the Affected V-band Clamp be

Installed on Other Type Design

Airplanes?

Cessna 185 series airplanes could

have the subject clamp installed through

the incorporation of Tornado Alley

Turbo, Inc. STC SE00214DE and STC

SE002215DE. The FAA has determined

that the cracks at the weld spots in these

V-band clamps are occurring because of

the specific configuration of the affected

Raytheon airplanes. We have received

no reports of service problems with the

affected V-band clamps installed on

Cessna 185 series airplanes.

Cost Impact

How many airplanes would this

proposed AD impact?

We estimate that the proposed AD

would affect 180 airplanes in the U.S.

registry.

What Would be the Cost Impact of Each

Proposed Repetitive Replacement for the

Affected Airplanes on the U.S. Register?

We estimate that it would take

approximately 2 workhours per airplane

to accomplish each proposed repetitive

replacement, at an average labor rate of

$60 an hour. A replacement clamp costs

$50. Based on the figures presented

above, the total cost impact of each

proposed repetitive replacement on U.S.

operators is estimated to be $30,600, or

$170 per airplane.

Regulatory Impact

Would this Proposed AD Impact

Various Entities?

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 proposed rule

would not have federalism implications

under Executive Order 13132.

Would this Proposed 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) if

promulgated, will not have a significant

economic impact, positive or negative,

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Proposed Rules 62317

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 has been placed 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, under the authority

delegated to me by the Administrator,

the Federal Aviation Administration

proposes to amend 14 CFR part 39 of the

Federal Aviation Regulations 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.

PART 39—AIRWORTHINESS

DIRECTIVES

§ 39.13 [Amended]

2. FAA amends Section 39.13 by

adding a new airworthiness directive

(AD) to read as follows:

Raytheon Aircraft Company (The Beech

Aircraft Corporation previously was the

holder of Type Certificate 3A15): Docket No.

99–CE–63–AD.

(a) What airplanes are affected by this AD?

Models Beech 35–C33A, E33A, E33C, F33A,

F33C, S35, V35, V35A, V35B, 36, and A36

airplanes, all serial numbers, that:

(1) are certificated in any category;

(2) incorporate a Teledyne Continental

engine equipped with a turbonormalizing

system; and

(3) have Tornado Alley Turbo, Inc.

Supplemental Type Certificate (STC)

SA5223NM and STC SE5222NM

incorporated.

Note 1: Cessna 185 series airplanes could

have the subject clamp installed through the

incorporation of Tornado Alley Turbo, Inc.

STC SE00214DE and STC SE002215DE. The

FAA has determined that the cracks at the

weld spots in these V-band clamps are

occurring because of the specific

configuration of the Raytheon airplanes. We

have received no reports of service problems

with the affected V-band clamps installed on

Cessna 185 series airplanes.

(b) Who must comply with this AD?

Anyone who wishes to operate any of the

airplanes referenced in paragraph (a) of this

AD that are on the U.S. Register must comply

with this AD.

(c) What problem does this AD address?

The actions required by this AD are intended

to prevent the exhaust stack from detaching

from the turbocharger due to failure of the Vband exhaust clamp. This could result in the

release of high temperature gases inside the

engine compartment with a consequent fire

in the engine compartment.

(d) What must I do to address this

problem? To address this problem, you must

accomplish the following actions:

Actions Compliance times Procedures

Repetitively replace the V-band exhaust clamp,

Aeroquip part number 00624–4404C375–M..

Upon accumulating 400 hours time-in-service (TIS)

after incorporating Tornado Alley Turbo, Inc. STC

SA5223NM and STC SE5222NM on the airplane

or within the next 25 hours TIS after the effective

date of this AD, whichever occurs later, and thereafter at intervals not to exceed 400 hours TIS..

Use the procedures in the

Turbo-FliteTM 520/550 System Maintenance and Troubleshooting manual.

(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, Rotorcraft Directorate,

Special Certification Office, approves your

alternative. Submit your request through an

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Rotorcraft Directorate, Special

Certification Office, 2601 Meacham

Boulevard, Fort Worth, Texas 76193–0190.

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? You can contact Mr. Peter

Hakala, Aerospace Engineer, FAA, Rotorcraft

Directorate, Special Certification Office, 2601

Meacham Boulevard, Fort Worth, Texas

76193–0190;, telephone: (817) 222–5145;

facsimile: (817) 222–5785.

(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.

(1) In order for this permit to be granted,

the airplane must pass the push/pull test

specified in Tornado Alley Turbo, Inc.,

Mandatory Service Bulletin Number TAT 98–

1, dated November 21, 1998.

(2) Anyone who holds at least a private

pilot certificate, as authorized by section 43.7

of the Federal Aviation Regulations (14 CFR

43.7), may accomplish the push/pull test

referenced in paragraph (g)(1) of this. You

must make an entry into the aircraft records

that shows compliance with this portion of

the AD, in accordance with section 43.9 of

the Federal Aviation Regulations (14 CFR

43.9).

(h) How do I get copies of the documents

referenced in this AD? You may obtain copies

of the documents referenced in this AD from

Tornado Alley Turbo, Inc., 300 Airport Road,

Ada, Oklahoma 74820; or may examine this

document at FAA, Central Region, Office of

the Regional Counsel, 901 Locust, Room 506,

Kansas City, Missouri 64106.

Issued in Kansas City, Missouri, on

October 11, 2000.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–26712 Filed 10–17–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 801

[Docket No. 00N–1520]

Medical Devices; Labeling for

Menstrual Tampons; Ranges of

Absorbency, Change From ‘‘Junior’’ to

‘‘Light’’

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule.

SUMMARY: The Food and Drug

Administration (FDA) is proposing to

amend its menstrual tampon labeling

regulation to change the current term for

tampons that absorb 6 grams (g) and

under of fluid. A tampon with 6 g or

less absorbency is currently required to