Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Proposed Rules 20957

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–203–AD]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR42–200, –300, –320, and

–500 Series Airplanes; and Model

ATR72 Series 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

certain Aerospatiale Model ATR42–200,

–300, –320, and –500 series airplanes;

and Model ATR72 series airplanes. This

proposal would require replacement of

the existing uplock boxes of the main

and nose landing gears with modified

uplock boxes. This action is necessary

to prevent a mechanical failure of the

uplock box mechanisms, which could

result in failure of the associated

landing gear to extend. This action is

intended to address the identified

unsafe condition.

DATES: Comments must be received by

May 29, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

203–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. 2000–NM–203–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

Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT: Dan

Rodina, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2125;

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 action 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 action

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000–NM–203–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.

2000–NM–203–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that an unsafe

condition may exist on certain

Aerospatiale Model ATR42–200, –300,

–320, and –500 series airplanes; and

Model ATR72 series airplanes. The

DGAC advises that September 12, 1999,

a Model ATR72 series airplane landed

with the nose landing gear not

extended. Investigations revealed that

this event was due to a failure of the

uplock box mechanism. Consequently, a

design modification consisting of an

improvement of the attachment of the

stop in the locking lever has been

defined by the manufacturer.

Failure of the uplock box

mechanisms, if not corrected, could

result in failure of the associated

landing gear to extend. The subject area

on certain Model ATR42–200, –300,

–320, and –500 series airplanes is

almost identical to that on the affected

Model ATR72 series airplanes.

Therefore, all Model ATR42–200, –300,

–320, and –500 series airplanes may be

subject to the same unsafe condition.

Explanation of Relevant Service

Information

The manufacturer has issued Avions

de Transport Regional Service Bulletins

ATR42–32–0090 and ATR72–32–1038,

both dated May 19, 2000, which

describe procedures for removal and

replacement of the three existing uplock

boxes on the main and nose landing

gears with modified uplock boxes.

Accomplishment of the actions

specified in the service bulletins is

intended to adequately address the

identified unsafe condition. The DGAC

classified these service bulletins as

mandatory and issued French

airworthiness directives 2000–189–

078(B) and 2000–190–042(B), both

dated May 3, 2000, in order to assure

the continued airworthiness of these

airplanes in France.

FAA’s Conclusions

These airplane models are

manufactured in France and are 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. Pursuant to this bilateral

airworthiness agreement, the DGAC has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the DGAC,

reviewed 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.

20958 Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Proposed Rules

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

accomplishment of the actions specified

in the service bulletins described

previously.

Cost Impact

The FAA estimates that 143 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 4 work hours per

airplane to accomplish the proposed

replacement, and that the average labor

rate is $60 per work hour. Required

parts will be supplied by the parts

manufacturer at no cost to the operators.

Based on these figures, the cost impact

of the proposed AD on U.S. operators is

estimated to be $34,320, or $240 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 proposed 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.

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:

Aerospatiale: Docket 2000–NM–203–AD.

Applicability: Model ATR42–200, –300,

–320, and –500 series airplanes; and Model

ATR72 series airplanes; certificated in any

category; except those on which Aerospatiale

Modification 05226 has been accomplished.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise 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 a mechanical failure of the

uplock box mechanisms, which could result

in failure of the associated landing gear to

extend, accomplish the following:

Removal and Replacement

(a) Within 24 months after the effective

date of this AD, remove and replace the three

existing uplock boxes of the main and nose

landing gears with modified uplock boxes in

accordance with the instructions given in

Avions de Transport Regional Service

Bulletins ATR42–32–0090 (for Model

ATR42–200, –300, –320, and –500 series

airplanes) and ATR72–32–1038 (for Model

ATR72 series airplanes), both dated May 19,

2000.

Alternative Methods of Compliance

(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, Transport

Airplane Directorate, FAA. 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

(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.

Note 3: The subject of this AD is addressed

in French airworthiness directives 2000–

189–078(B) and 2000–190–042(B), both dated

May 3, 2000.

Issued in Renton, Washington, on April 19,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–10341 Filed 4–25–01; 8:45 am]

BILLING CODE 4910–13–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 252 and 257

[Docket No. RM 2001–3 CARP]

Cable and Satellite Statutory Licenses

AGENCY: Copyright Office, Library of

Congress.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Copyright Office of the

Library of Congress is clarifying the

requirements for the submission of

claims for royalties under the cable

statutory license, 17 U.S.C. 111, and the

satellite statutory license, 17 U.S.C. 119.

DATES: Comments are due no later than

May 21, 2001.

ADDRESSES: If sent by mail, an original

and ten copies of comments should be

addressed to: Office of the Copyright

General Counsel, P.O. Box 70977,

Southwest Station, Washington, DC

20024. If hand delivered, an original

and ten copies should be brought to:

Office of the Copyright General Counsel,

James Madison Memorial Building,

Room LM–403, First and Independence

Avenues, SE., Washington, DC 20559–

6000.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel or