This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

22478

Vol. 66, No. 87

Friday, May 4, 2001

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–374–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300 B2–1C, B2–203, B2K–3C, B4–2C,

B4–103, and B4–203 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 all

Airbus Model A300 B2–1C, B2–203,

B2K–3C, B4–2C, B4–103, and B4–203

series airplanes. This proposal would

require a one-time inspection of the

space between the fuel quantity

indication (FQI) probes and any

adjacent structures for minimum

clearance, and corrective action, if

necessary. This action is necessary to

prevent the possibility of electrical

arcing to the fuel tank if the airplane

should be struck by lightning. This

action is intended to address the

identified unsafe condition.

DATES: Comments must be received by

June 4, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

374–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–

374–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

Airbus Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, 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–374–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–374–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 all Airbus Model

A300 B2–1C, B2–203, B2K–3C, B4–2C,

B4–103, and B4–203 series airplanes.

The DGAC advises that, in order to

ensure adequate protection in the event

of lightning strikes, the manufacturer

carried out investigations of the

clearances between the fuel quantity

indication (FQI) probes and any

adjacent structures or metallic

components in the left or right wing fuel

tanks which could create a path of

electrical conductivity to the fuel tanks.

The investigation was carried out on 10

Model A300 series airplanes. Seven

airplanes had FQI probes without

minimum clearance. This condition, if

not corrected, could result in the

possibility of electrical arcing to the fuel

tank if the airplane should be struck by

lightning.

Explanation of Relevant Service

Information

Airbus has issued Service Bulletin

A300–28–0080, dated September 28,

2000, which describes procedures for

inspecting the FQI probes to make sure

that there is a minimum clearance of 3.0

mm (0.118 in.) between each FQI probe

and any adjacent structure and/or

component in the wing fuel tanks, and

adjustment of the clearance space, if

necessary. Accomplishment of the

actions specified in the service bulletin

is intended to adequately address the

identified unsafe condition. The DGAC

classified this service bulletin as

mandatory and issued French

airworthiness directive 2000–455–

322(B), dated November 15, 2000, in

order to assure the continued

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Proposed Rules 22479

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.

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 bulletin described

previously.

Cost Impact

The FAA estimates that 20 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 7 work hours per

airplane to accomplish the proposed

inspection, 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 $8,400, or $420 per

airplane.

The cost impact figures discussed

above are 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:

Airbus Industrie: Docket 2000–NM–374–AD.

Applicability: All Model A300 B2–1C, B2–

203, B2K–3C, B4–2C, B4–103, and B4–203

series airplanes, 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 (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 prevent the possibility of electrical

arcing to the fuel tank if the airplane should

be struck by lightning, accomplish the

following:

Inspection

(a) Within 4,000 flight hours after the

effective date of this AD, inspect the

clearance space from each fuel quantity

indication (FQI) probe to any adjacent

structure or metallic component, in

accordance with Airbus Service Bulletin

A300–28–0080, dated September 28, 2000.

Clearance Adjustment

(b) If, during the inspection mandated in

paragraph (a) of this AD, the clearance

between any probe and its adjacent parts, as

described in Airbus Service Bulletin A300–

28–0080, dated September 28, 2000, is less

than 3.0 mm (0.118 in.), prior to further

flight, adjust the position of the FQI probe in

accordance with paragraph 3.C. of the service

bulletin.

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, 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

(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.

Note 3: The subject of this AD is addressed

in French airworthiness directive 2000–455–

322(B), dated November 15, 2000.

Issued in Renton, Washington, on April 30,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–11228 Filed 5–3–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–220–AD]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F.28 Mark 1000, 2000, 3000, and

4000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.