63556 Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Proposed Rules

Issued in Kansas City, Missouri, on

October 17, 2000.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 00–27295 Filed 10–23–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–249–AD]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Model BAe ATP 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 all

British Aerospace Model BAe ATP

airplanes. This proposal would require

revising the Airworthiness Limitations

Section of the Instructions for

Continued Airworthiness to incorporate

life limits for certain items and

inspections to detect fatigue cracking in

certain structures. This proposal is

prompted by issuance of a revision to

the airworthiness limitations of the

British Aerospace ATP Aircraft

Maintenance Manual, which specifies

new inspections and compliance times

for inspection and replacement action.

The actions specified by the proposed

AD are intended to ensure that fatigue

cracking of certain structural elements is

detected and corrected; such fatigue

cracking could adversely affect the

structural integrity of these airplanes.

DATES: Comments must be received by

November 24, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

249–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. 99–NM–249–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

British Aerospace Regional Aircraft

American Support, 13850 Mclearen

Road, Herndon, Virginia 20171. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

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:

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 notice 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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 99–NM–249–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.

99–NM–249–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Civil Aviation Authority (CAA),

which is the airworthiness authority for

the United Kingdom, has notified the

FAA that a revision to Section 05–00–

00 of British Aerospace ATP Aircraft

Maintenance Manual (AMM) has been

issued. [The FAA refers to the

information included in that section of

the AMM as the Airworthiness

Limitations Section (ALS).] That

revision affects all British Aerospace

Model BAe ATP airplanes. The revision

provides mandatory replacement times

and structural inspection intervals

approved under section 25.571 of the

Joint Aviation Requirements and the

Federal Aviation Regulations (14 CFR

25.571). As airplanes gain service

experience, or as results of postcertification testing and evaluation are

obtained, it may become necessary to

add additional life limits or structural

inspections to ensure the continued

structural integrity of the airplane.

The CAA advises that analysis of

fatigue test data has revealed that

certain inspections must be performed

at specific intervals to preclude fatigue

cracking in certain areas of the airplane.

In addition, the CAA advises that

certain life limits must be imposed for

various components on these airplanes

to preclude the onset of fatigue cracking

in those components. Such fatigue

cracking, if not corrected, could

adversely affect the structural integrity

of these airplanes.

Explanation of Relevant Service

Information

British Aerospace has issued a

revision to Section 05–00–00, ‘‘General,

Airworthiness Limitations,’’ dated

August 15, 1999, of British Aerospace

ATP Aircraft Maintenance Manual

(AMM), which references additional

chapters. That revised section of the

AMM includes mandatory life

limitations for the airframe and power

plant/engine; structural inspections of

the fuselage, engine, horizontal

stabilizer, and wing bottom surface. The

revised section also describes new

inspections and compliance times for

inspection and replacement actions.

Accomplishment of those actions will

preclude the onset of fatigue cracking of

Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Proposed Rules 63557

certain structural elements of the

airplane.

The CAA has approved the revision to

Section 05–00–00 of the AMM

document to assure the continued

airworthiness of these airplanes in the

United Kingdom. The CAA has not

issued a corresponding airworthiness

directive, although accomplishment of

the additional life limits and structural

inspections contained in the revised

section of the AMM document may be

considered mandatory for operators of

these airplanes in the United Kingdom.

FAA’s Conclusions

The FAA has reviewed the revision to

Section 05–00–00 of the AMM and 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.

Pursuant to the bilateral airworthiness

agreement, the CAA has kept the FAA

informed of the situation described

above. This airplane model is

manufactured in the United Kingdom

and is 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. The FAA has determined

that the revision to Section 05–00–00 of

the AMM must be incorporated into the

ALS of the Instructions for Continued

Airworthiness.

Explanation of Requirements of

Proposed 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, the proposed AD would require

a revision to the ALS of the Instructions

for Continued Airworthiness to

incorporate inspections to detect fatigue

cracking of certain Significant Structural

Items and to revise life limits for certain

equipment and various components that

are specified in the previously

referenced maintenance document.

Explanation of Action Taken by the

FAA

In accordance with airworthiness

standards requiring ‘‘damage tolerance

assessments’’ for transport category

airplanes [section 25.1529 of the Federal

Aviation Regulations (14 CFR 25.1529),

and the Appendices referenced in that

section], all products certificated to

comply with that section must have

Instructions for Continued

Airworthiness (or, for some products,

maintenance manuals) that include an

ALS. That section must set forth:

• Mandatory replacement times for

structural components,

• Structural inspection intervals, and

• Related approved structural

inspection procedures necessary to

show compliance with the damagetolerance requirements.

Compliance with the terms specified

in the ALS is required by sections 43.16

(for persons maintaining products) and

91.403 (for operators) of the Federal

Aviation Regulations (14 CFR 43.16 and

91.403).

In order to require compliance with

these inspection intervals and life

limits, the FAA must engage in

rulemaking, namely the issuance of an

AD. For products certificated to comply

with the referenced part 25

requirements, it is within the authority

of the FAA to issue an AD requiring a

revision to the ALS that includes

reduced life limits, or new or different

structural inspection requirements.

These revisions then are mandatory for

operators under section 91.403(c) of the

Federal Aviation Regulations (14 CFR

91.403), which prohibits operation of an

airplane for which airworthiness

limitations have been issued unless the

inspection intervals specified in those

limitations have been complied with.

After that document is revised, as

required, and the AD has been fully

complied with, the life limit or

structural inspection change remains

enforceable as a part of the

airworthiness limitations. (This is

analogous to AD’s that require changes

to the Limitations Section of the

Airplane Flight Manual.)

Requiring a revision of the

airworthiness limitations, rather than

requiring individual inspections, is

advantageous for operators because it

allows them to record AD compliance

status only once—at the time they make

the revision—rather than after every

inspection. It also has the advantage of

keeping all airworthiness limitations,

whether imposed by original

certification or by AD, in one place

within the operator’s maintenance

program, thereby reducing the risk of

non-compliance because of oversight or

confusion.

Cost Impact

The FAA estimates that 10 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $600, or $60

per airplane.

The cost impact figure discussed

above is 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 AD were not adopted.

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:

British Aerospace Regional Aircraft

[Formerly Jetstream Aircraft Limited;

British Aerospace (Commercial Aircraft)

Limited: Docket 99–NM–249–AD.

Applicability: All BAe Model ATP

airplanes, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

63558 Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Proposed Rules

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 continued structural integrity of

these airplanes, accomplish the following:

Airworthiness Limitations Revision

(a) Within 30 days after the effective date

of this AD, revise the Airworthiness

Limitations Section (ALS) of the Instructions

for Continued Airworthiness by

incorporating Section 05–00–00, dated

August 15, 1997, of the British Aerospace

ATP Aircraft Maintenance Manual (AMM),

dated October 15, 1999, into the ALS. This

section references other chapters of the

AMM. The applicable revision level of the

referenced chapters is that in effect on the

effective date of this AD.

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

this AD: After the actions specified in

paragraph (a) of this AD have been

accomplished, no alternative inspections or

inspection intervals may be approved for the

structural elements specified in the

document listed in 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,

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 2: 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

(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.

Issued in Renton, Washington, on October

18, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27296 Filed 10–23–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan 00–095]

RIN 2115–AA97

Safety Zone Regulations; Guayanilla

Bay, Guayanilla, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

moving and fixed safety zones around

Liquefied Natural Gas (LNG) Carriers

with product aboard in the waters of the

Caribbean Sea and Guayanilla Bay,

Puerto Rico. Due to its size and draft,

the LNG vessel will require use of the

center of the channel for safe navigation.

The highly volatile nature of the cargo

requires traffic to maintain a safe

distance while moving or moored.

These regulations are necessary for the

protection of life and property on the

navigable waters of the United States.

DATES: Comments and related material

must reach the Coast Guard on or before

December 26, 2000.

ADDRESSES: You may mail comments

and related material to Commanding

Officer, U.S. Coast Guard Marine Safety

Office San Juan, Rodriguez and Del

Valle Building, 4th Floor, Calle San

Martin, Road #2, Guaynabo, Puerto

Rico. The U.S. Coast Guard Marine

Safety Office maintains the public

docket for this rulemaking. Comments

and material received from the public,

as well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the USCG Marine Safety

Office between the hours of 7 a.m. to

3:30 p.m., Monday through Friday,

excluding federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Robert Lefevers

at Coast Guard Marine Safety Office San

Juan, Puerto Rico, (787) 706–2444.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (COTP San Juan 00–

095), indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to Commanding

Officer U.S. Coast Guard Marine Safety

Office at the address under ADDRESSES

explaining why one would be

beneficial. If we determine that one

would aid this rulemaking, we will hold

one at a time and place announced by

a later notice in the Federal Register.

Background and Purpose

These regulations are needed to

provide for the safety of life on

navigable waters from hazards

associated with LNG carriers. The safety

zones are needed because of the

significant risks LNG ships present with

their highly volatile cargoes, their size,

and draft. We anticipate periodic

arrivals of LNG carriers in Guayanilla

Bay.

Discussion of Proposed Rule

A safety zone would be established

with a 100 yard radius surrounding an

LNG carrier with product aboard while

transiting north of Latitude 17°57.00′N

in the waters of the Caribbean Sea and

Guayanilla Bay, Puerto Rico. This Safety

Zone would remain in effect until the

LNG vessel is alongside the EcoElectrica waterfront facility in

Guayanilla Bay. A Safety Zone would

also be established in the waters within

150 feet of an LNG vessel when the

vessel is alongside the Eco-Electrica

waterfront facility. This Safety Zone

would remain in effect while the LNG

vessel remains at the dock with product

aboard or is transferring liquefied

natural gas.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that Order. The Office

of Management and Budget has not

reviewed it under that Order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040,

February 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies