Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations 41393

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–148–AD; Amendment

39–10688; AD 98–16–12]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A320 and A321 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Model

A320 and A321 series airplanes, that

requires replacement of the fuel pump

strainers with improved strainers. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by this AD are intended to

prevent blockage of fuel by the buildup

of ice crystals, which could result in

low fuel pressure, and consequent

shutdown of the engine during critical

phases of flight.

DATES: Effective September 8, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

8, 1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. 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:

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: 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 certain Airbus

Model A320 and A321 series airplanes

was published in the Federal Register

on November 25, 1997 (62 FR 62721).

That action proposed to require

replacement of the fuel pump strainers

with improved strainers.

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.

Two commenters support the

proposed rule.

Request for Clarification of Description

of Required Actions

One commenter supports the

proposed rule, but notes that the

description of the modification in the

AD could be misleading, as it implies

that there are a quantity of 8 mesh

strainers in the wing fuel pump system,

rather than 4, that require modification.

The commenter states that the fineness

of the screens (i.e., size of openings) has

been changed, and may have been

incorrectly interpreted as the quantity of

the screens instead of the size of the

screen mesh openings. The FAA

acknowledges that the wording in

paragraph (a) of the AD could be

misleading, and has revised that

paragraph to clarify the required

actions.

Request To Cite Other Revisions of the

Service Bulletin

Two commenters request that the

proposed AD be revised to reference

other revisions of Airbus Service

Bulletin A320–28–1044. (Revision 10 of

the service bulletin, dated November 5,

1996, is referenced in the proposed AD

as the appropriate source of service

information for accomplishment of

replacement of the fuel pump strainers.)

One commenter states that it has already

accomplished the modification in

accordance with A320–28–1044,

Revision 09, dated June 14, 1996, and

requests full credit for this work.

Another commenter suggests a revision

to paragraph (a) of the proposed AD that

would reference Revision 11, dated

August 26, 1997.

The FAA concurs with these requests.

The FAA has determined that both

Revision 09 and Revision 11 of Airbus

Service Bulletin A320–28–1044 are

substantially equivalent to Revision 10.

Therefore, the FAA has revised

paragraph (a) of the final rule to require

accomplishment of the replacement in

accordance with Revision 11, dated

August 26, 1997. Additionally, a NOTE

has been added to the final rule to

reference Revision 09, dated June 14,

1996, and Revision 10, dated November

5, 1996, as an acceptable means of

compliance for operators that have

accomplished the replacement prior to

the effective date of this AD.

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

described previously. 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

The FAA estimates that 132 Airbus

Model A320 and A321 series airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 13

work hours per airplane to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Required parts will be supplied by the

manufacturer at no cost to the operators.

Based on these figures, the cost impact

of the AD on U.S. operators is estimated

to be $102,960, or $780 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.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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.
41394 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /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:

98–16–12 Airbus Industrie: Amendment

39–10688. Docket 97–NM–148–AD.

Applicability: Model A320 and A321 series

airplanes; as listed in Airbus Service Bulletin

A320–28–1044, Revision 10, dated November

5, 1996; 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 (b) 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 blockage of fuel by the buildup of ice crystals, which could result in low

fuel pressure, and consequent shutdown of

the engine during critical phases of flight,

accomplish the following:

(a) Within 24 months after the effective

date of this AD, replace the mesh strainers of

each fuel pump with improved strainers, in

accordance with Airbus Service Bulletin

A320–28–1044, Revision 11, dated August

26, 1997.

Note 2: Accomplishment of the

replacement required by paragraph (a) of this

AD in accordance with Airbus Service

Bulletin A320–28–1044, Revision 09, dated

June 14, 1996, or Revision 10, dated

November 5, 1996, prior to the effective date

of this AD, is acceptable for compliance with

this paragraph.

(b) 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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) 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.

(d) The replacement shall be done in

accordance with Airbus Service Bulletin

A320–28–1044, Revision 11, dated

August 26, 1997, which contains the

following list of effective pages:

Page No.

Revision level

shown on

page

Date shown

on page

1, 2, 5–8, 11,

12, 15–20.

Revision 11 .. August 26,

1997.

4, 10, 13, 14 Revision 10 .. November

05, 1996.

3, 9 ............... Revision 09 .. June 14,

1996.

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 Airbus Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

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.

Note 4: The subject of this AD is addressed

in French airworthiness directive 96–170–

082 (B), dated August 28, 1996.

(e) This amendment becomes effective on

September 8, 1998.

Issued in Renton, Washington, on July 27,

1998.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–20676 Filed 8–3–98; 8:45 am]

BILLING CODE 4910–13–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Parts 231, 241, 271, 276

[Release Nos. 33–7558; 34–40277; IA–1738;

IC–23366; International Series Release No.

1149]

Statement of the Commission

Regarding Disclosure of Year 2000

Issues and Consequences by Public

Companies, Investment Advisers,

Investment Companies, and Municipal

Securities Issuers

AGENCY: Securities and Exchange

Commission.

ACTION: Interpretation.

SUMMARY: The Securities and Exchange

Commission (‘‘we’’ or ‘‘the

Commission’’) is publishing guidance

for public companies, investment

advisers, investment companies, and

municipal securities issuers regarding

their disclosure obligations about Year

2000 issues. This release provides

guidance to public companies so they

can determine whether their Year 2000

issues are known material events,

trends, or uncertainties that should be

disclosed in the Management’s

Discussion and Analysis of Financial

Condition and Results of Operations

(‘‘MD&A’’) section of their disclosure

documents. This release also sets forth

our guidance regarding specific matters

for companies to address in their MD&A

Year 2000 disclosure. In addition, we

address the need for companies to

consider the Year 2000 issue in

connection with other rules and

regulations and when they prepare

financial statements. Finally, we remind

municipal securities issuers, as well as

public companies, investment advisers,

and investment companies, that the

anti-fraud provisions of the federal

securities laws apply to disclosure about

the Year 2000 issue. This guidance

supersedes the current staff guidance in

revised Staff Legal Bulletin No. 5 (‘‘Staff

Legal Bulletin’’).

EFFECTIVE DATE: August 4, 1998. For

information regarding the first periodic

reports filed by public companies that

should follow this release’s guidance,

see Section I.A.

FOR FURTHER INFORMATION CONTACT: Broc

Romanek or Joseph Babits, Office of

Chief Counsel, Division of Corporation

Finance at 202–942–2900 (with respect

to public companies), Anthony Vertuno,

Division of Investment Management, at

202–942–0591 (with respect to

investment companies); Arthur Laby,

Division of Investment Management, at

202–942–0716 (with respect to

investment advisers), and Mary

Simpkins, Office of Municipal

Securities, at 202–942–7300 (with

respect to municipal securities).

SUPPLEMENTARY INFORMATION:

I. Executive Summary

The ‘‘Year 2000 problem’’ arose

because many existing computer

programs use only the last two digits to

refer to a year. Therefore, these

computer programs do not properly

recognize a year that begins with ‘‘20’’

instead of the familiar ‘‘19.’’ If not

corrected, many computer applications

could fail or create erroneous results.

The extent of the potential impact of the

Year 2000 problem is not yet known,