69658 Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Rules and Regulations

borrower be eligible for federally

subsidized loans.

Reply: The amendment does not

abandon the practice of seeking

competitive bids. Upon an RUS review

of each project, a determination will be

made whether there is a need for a

borrower to seek competitive bids for

the project. This evaluation by RUS will

be performed on a case-by-case basis.

RUS will continue to follow good

business practice and make sound

business decisions. At the same time,

RUS will provide its borrowers with the

flexibility to make sound business

decisions to meet the power needs of

rural America.

Comment: Edison objects to the

amendment, stating that the present

regulation has been in existence for a

long time and is entirely consistent with

the nation’s transition to competitive

wholesale power markets. RUS

borrowers should seek to meet their

power needs out of these markets and

make every effort to do so before seeking

more assistance from RUS in the form

of subsidized loans.

Reply: This amendment deletes the

requirement that borrowers seek bids if

RUS financial assistance is requested

from all sources for 10 megawatts or

more or for modifications to existing

plants if it results in an increase in

capacity of 10 percent. RUS will review

each project on a case by case basis and

determine whether there is a need for a

borrower to seek competitive bids from

all sources for the project. RUS will

provide its borrowers with the

flexibility to make sound business

decisions to meet the power needs of

rural America.

The direct final rule requires RUS to

review each project on a case-by-case

basis and determine whether there is a

need for a borrower to seek bids from all

sources for the project. Following the

initial RUS review, if it is determined

that a full solicitation for bids to supply

new or replacement generation is

necessary, then RUS will require such

an evaluation process be completed.

This amendment in no way is intended

to minimize the need for all borrowers

to follow good business practice in

making economically sound business

decisions. The direct final rule provides

RUS electric borrowers with the

flexibility and tools necessary to make

prudent decisions to meet the power

needs of rural customers in the

competitive environment advanced by

industry restructuring efforts.

These amendments to § 1710.254,

provide borrowers with increased

flexibility during the new and

replacement electric power evaluation

period. The new policy requires RUS to

review each project on a case-by-case

basis and determine whether there is a

need for a borrower to seek bids from all

sources for the project. Following this

initial RUS review, if it is determined

that a full solicitation for bids to supply

new or replacement generation is

necessary, then RUS will require that

such an evaluation process be

completed.

As the electric industry moves to a

more competitive environment, it is

imperative that RUS prudently review

and revise policy when necessary. The

amendments to 7 CFR part 1710 are in

no way intended to minimize the need

for all borrowers to follow good

business practice in making

economically sound business decisions.

The direct final rule provides RUS

borrowers with the flexibility and tools

necessary to make prudent decisions to

meet the power needs of rural customers

in the competitive environment

advanced by industry restructuring

efforts.

To that effect the direct final rule

stands as published.

Confirmation of Effective Date

This is to confirm the effective date of

July 3, 2000, of the direct final rule, 7

CFR Part 1710, General and Pre-Loan

Policies and Procedures Common to

Insured and Guaranteed Electric Loans,

published in the Federal Register on

May 17, 2000, at 65 FR 31246.

Dated: November 13, 2000.

Anthony C. Haynes,

Acting Administrator, Rural Utilities Service.

[FR Doc. 00–29499 Filed 11–17–00; 8:45 am]

BILLING CODE 3410–15–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–345–AD; Amendment

39–11969; AD 2000–22–21]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–10, Model MD–10,

and Model MD–11 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 McDonnell Douglas

Model DC–10, Model MD–10, and

Model MD–11 series airplanes. This

action requires revising the Airplane

Flight Manual (AFM) to ensure that the

flight crew is advised of appropriate

procedures for disabling certain fuel

pump electrical circuits following

failure of a fuel pump electrical

connector. For certain airplanes, this

action also requires revising the AFM to

prohibit resetting of tripped fuel pump

circuit breakers. This action is necessary

to prevent continued arcing following a

short circuit of the fuel pump electrical

connector, which could damage the

conduit that protects the power lead

inside the fuel tank, and result in the

creation of a potential ignition source in

the fuel tank. This action is intended to

address the identified unsafe condition.

DATES: Effective December 5, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

5, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

January 19, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

345–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. 2000–NM–345–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

this AD may be obtained from Boeing

Commercial Aircraft Group, Long Beach

Division, 3855 Lakewood Boulevard,

Long Beach, California 90846,

Attention: Technical Publications

Business Administration, Dept. C1–L51

(2–60). This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; at

the FAA, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California; or at

the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Philip C. Kush, Aerospace Engineer,

Propulsion Branch, ANM–140L, FAA,

Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Rules and Regulations 69659

Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California 90712–4137;

telephone (562) 627–5263; fax (562)

627–5210.

SUPPLEMENTARY INFORMATION: The FAA

has received reports of four incidents on

McDonnell Douglas Model DC–10 and

MD–11 series airplanes, in which a

short circuit occurred in the electrical

connector between the power lead and

the housing of a fuel pump. The circuit

breaker did not trip in any of these

incidents because the electrical arcing

that occurred was shorter in duration

than necessary for the circuit breaker to

detect the arcing and open the circuit.

In the event of such a short circuit of a

fuel pump electrical connector,

continued arcing of the electrical

connector could damage the conduit

that protects the power lead inside the

fuel tank, which could create a potential

ignition source in the fuel tank.

The subject fuel pump electrical

connector on all McDonnell Douglas

Model MD–10 series airplanes is

identical to that on McDonnell Douglas

Model DC–10 and MD–11 series

airplanes on which the incidents

occurred. Therefore, all of these

airplanes may be subject to the unsafe

condition described above.

In addition, the Procedures Section of

the FAA-approved Airplane Flight

Manual (AFM) for McDonnell Douglas

Model DC–10 and certain MD–11 series

airplanes permits the flight crew to reset

the fuel pump circuit breaker one time

if the circuit breaker is tripped. (If it is

tripped again, the AFM prohibits

resetting it.) However, tripping of the

circuit breaker may be caused by arcing

following short circuit of a fuel pump

electrical connector. Resetting the fuel

pump circuit breaker if it is tripped due

to arcing could allow arcing to continue

and create a potential ignition source in

the fuel tank. (The Limitations Section

of the AFM for McDonnell Douglas

Model MD–10 series airplanes already

prohibits resetting the fuel pump circuit

breaker; therefore, these airplanes are

not subject to this unsafe condition.)

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Flight Operations Bulletin DC–

10–00–01A, MD–11–00–03A, and MD–

10–00–02A, dated September 20, 2000.

The flight operations bulletin provides

instructions for revising the Procedures

Section of the FAA-approved AFM by

inserting certain Interim Operating

Procedures (IOP). These IOP’s advise

the flight crew of proper procedures for

disabling certain fuel pump electrical

circuits following failure of a fuel pump

electrical connector.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design, this AD is being issued to

prevent continued arcing following a

short circuit of the fuel pump electrical

connector, which could damage the

conduit that protects the power lead

inside the fuel tank, and result in the

creation of a potential ignition source in

the fuel tank. This AD requires

accomplishment of the actions specified

in the flight operations bulletin

described previously. For certain

airplanes, this AD also requires revising

the Limitations Section of the FAAapproved AFM to prohibit resetting of

any fuel pump circuit breakers.

Interim Action

This is considered to be interim

action. The manufacturer has advised

that it currently is developing an

inspection and a modification that will

positively address the unsafe condition

addressed by this AD. Once these

actions are developed, approved, and

available, the FAA may consider

additional rulemaking.

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

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.

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 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 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 2000–NM–345–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, Incorporation by reference,

Safety.

69660 Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Rules and Regulations

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:

2000–22–21 McDonnell Douglas:

Amendment 39–11969. Docket 2000–

NM–345–AD.

Applicability: All Model DC–10, Model

MD–10, and Model MD–11 series airplanes;

certificated in any category.

Compliance: Required as indicated, unless

accomplished previously.

To prevent continued arcing following a

short circuit of the fuel pump electrical

connector, which could damage the conduit

that protects the power lead inside the fuel

tank, and result in the creation of a potential

ignition source in the fuel tank, accomplish

the following:

Airplane Flight Manual (AFM) Revision

(Procedures Section)

(a) Within 14 days after the effective date

of this AD, insert applicable Interim

Operating Procedures regarding abnormal

operations for fuel pump electrical connector

failures into the Procedures Section of the

FAA-approved AFM, in accordance with

Boeing Flight Operations Bulletin DC–10–

00–01A, MD–11–00–03A, and MD–10–00–

02A, dated September 20, 2000.

Airplane Flight Manual Revision

(Limitations Section)

(b) For Model DC–10 and Model MD–11

series airplanes: Within 14 days after the

effective date of this AD, insert the following

information into the ‘‘Fuel Management’’

paragraph of the Limitations Section of the

FAA-approved AFM which may be

accomplished by inserting a copy of this AD

into the AFM.

‘‘Do not reset any tripped fuel pump circuit

breakers.’’

Note 1: If the information in paragraph (b)

of this AD is already in the ‘‘Fuel

Management’’ paragraph of the Limitations

Section of the AFM, no further action is

required by paragraph (b) 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, Los

Angeles Aircraft Certification Office (ACO),

FAA. Operators shall submit their requests

through an appropriate FAA Principal

Operations Inspector, who may add

comments and then send it to the Manager,

Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles 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 AFM revision shall be done in

accordance with Boeing Flight Operations

Bulletin DC–10–00–01A, MD–11–00–03A,

and MD–10–00–02A, dated September 20,

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 Boeing Commercial Aircraft Group,

Long Beach Division, 3855 Lakewood

Boulevard, Long Beach, California 90846,

Attention: Technical Publications Business

Administration, Dept. C1-L51 (2–60). Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; at the FAA, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

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

December 5, 2000.

Issued in Renton, Washington, on

November 1, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28478 Filed 11–17–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NE–25–AD; Amendment 39–

11986; AD 2000–23–14]

RIN 2120–AA64

Airworthiness Directives; Pratt &

Whitney JT9D Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Pratt & Whitney

JT9D series turbofan engines. This AD

will require installation of an improved

No. 4 bearing internal oil pressure tube,

initial and repetitive inspections of the

No. 4 bearing oil pressure tube for

turbine exhaust case (TEC) strut

clearance and alignment, and, if

necessary, replacement with serviceable

parts. This amendment is prompted by

loss of integrity in the oil system that

allows oil to migrate into high

temperature metal cavities in the

turbine exhaust case and cause oil fires.

The actions specified by this AD are

intended to prevent oil fires in and

around the No. 4 bearing area that could

cause excessive thermal growth of the

sixth stage low pressure turbine (LPT)

disk, liberation of the sixth stage LPT

disk, uncontained engine failure, and

damage to the airplane.

DATES: Effective date January 19, 2001.

The incorporation by reference of

certain publications listed in the rule is

approved by the Director of the Federal

Register as of January 19, 2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Pratt & Whitney, 400 Main Street,

East Hartford, CT 06108; telephone:

(860) 565–6600, fax: (860) 565–4503.

This information may be examined at

the Federal Aviation Administration

(FAA), New England Region, Office of

the Regional Counsel, 12 New England

Executive Park, Burlington, MA; or at

the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Chris Gavriel, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone: (781) 238–7147,

fax: (781) 238–7199.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

applicable to Pratt & Whitney (PW) JT9D

series turbofan engines was published

in the Federal Register on November 24,

1999 (64 FR 66118). That action

proposed to require installation of an

improved No. 4 bearing internal oil

pressure tube, initial and repetitive

inspections of the No. 4 bearing oil

pressure tube for TEC strut clearance

and alignment, and, if necessary,

replacement with serviceable parts, in

accordance with PW Service Bulletin

(SB) No. 5707, dated September 17,

1986, and in accordance with certain

sections of the PW JT9D Engine

Manuals: part numbers (P/Ns) 646028,

770407, 770408, 777210, 785059, and

754459.