Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Proposed Rules 3511

wheat was grown in an area of that State

that became regulated for Karnal bunt

after the crop was planted, or for which

an Emergency Action Notification (PPQ

Form 523) was issued after the crop was

planted; and the wheat was grown in an

area that remained regulated or under

Emergency Action Notification at the

time the wheat was sold. Growers,

handlers, and seed companies in areas

under the first regulated crop season are

eligible for compensation for 1996–1997

crop season wheat, 1997–1998 crop

season wheat, or 1999–2000 crop season

wheat (as appropriate) and for wheat

inventories in their possession that were

unsold at the time the area became

regulated. The compensation provided

in this section is for wheat grain,

certified wheat seed, and wheat grown

with the intention of producing certified

wheat seed.

* * * * *

(b) Growers, handlers, and seed

companies in previously regulated

areas. Growers, handlers, and seed

companies are eligible to receive

compensation for the loss in value of

their wheat in accordance with

paragraphs (b)(1) and (b)(2) of this

section if: the wheat was grown in a

State where the Secretary has declared

an extraordinary emergency; and the

wheat was grown in an area of that State

that became regulated for Karnal bunt

before the crop was planted, or for

which an Emergency Action

Notification (PPQ Form 523) was issued

before the crop was planted; and the

wheat was grown in an area that

remained regulated or under Emergency

Action Notification at the time the

wheat was sold. Growers, handlers, and

seed companies in previously regulated

areas are eligible for compensation only

for 1996–1997, 1997–1998, or 1999–

2000 crop season wheat. The

compensation provided in this section

is for wheat grain, certified wheat seed,

and wheat grown with the intention of

producing certified wheat seed.

(1) Growers. Growers of wheat in a

previously regulated area who sell

wheat that was tested by APHIS and

found positive for Karnal bunt prior to

sale, or that was tested by APHIS and

found positive for Karnal bunt after sale

and the price received by the grower is

contingent on the test results, are

eligible to receive compensation at the

rate of $.60 per bushel of positive testing

wheat.

(2) Handlers and seed companies.

Handlers and seed companies who sell

wheat grown in a previously regulated

area are eligible to receive compensation

only if the wheat was not tested by

APHIS prior to purchase by the handler,

but was tested by APHIS and found

positive for Karnal bunt after purchase

by the handler or seed company, as long

as the price to be paid by the handler

or seed company is not contingent on

the test results. Compensation will be at

the rate of $.60 per bushel of positive

testing wheat.

(c) To claim compensation.

Compensation payments to growers,

handlers, and seed companies under

paragraphs (a) and (b) of this section

will be issued by the Farm Service

Agency (FSA). Claims for compensation

for the 1996–1997 crop season had to be

received by FSA on or before October 8,

1998. Claims for compensation for the

1997–1998 crop season had to be

received by FSA on or before October

25, 1999. Claims for compensation for

the 1999–2000 crop season must be

received by FSA on or before October

25, 2000, or [the date 120 days after the

final rule is published in the Federal

Register], whichever is later. The

Administrator may extend the deadline,

upon request in specific cases, when

unusual and unforeseen circumstances

occur that prevent or hinder a claimant

from requesting compensation on or

before these dates. To claim

compensation, a grower, handler, or

seed company must complete and

submit to the local FSA county office

the following documents:

* * * * *

§ 301.89–16 [Amended]

3. Section 301.89–16 would be

amended as follows:

a. In the heading, by removing the

words ‘‘1996–1997 and 1997–1998 crop

seasons’’ and adding the words ‘‘1996–

1997, 1997–1998, and 1999–2000 crop

seasons’’ in their place.

b. In the introductory text, by

removing the words ‘‘ 1996–1997 and

1997–1998 crop seasons’’ and adding

the words ‘‘1996–1997, 1997–1998, and

1999–2000 crop seasons’’ in their place.

c. In paragraphs (a), (b), (c)(1), and

(c)(2), by removing the last two

sentences in each paragraph and by

adding three sentences in their place to

read as follows: ‘‘Claims for

compensation for the 1997–1998 crop

season had to be received by APHIS on

or before October 25, 1999. Claims for

compensation for the 1999–2000 crop

season must be received by APHIS on or

before October 25, 2000, or [the date 120

days after the final rule is published in

the Federal Register], whichever is later.

The Administrator may extend these

deadlines upon written request in

specific cases, when unusual and

unforeseen circumstances occur that

prevent or hinder a claimant from

requesting compensation on or before

these dates.’’

Done in Washington, DC, this 9th day of

January 2001.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 01–1198 Filed 1–12–01; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–66–AD]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Supplemental notice of

proposed rulemaking; reopening of

comment period.

SUMMARY: This document revises an

earlier proposed airworthiness directive

(AD), applicable to all EMBRAER Model

EMB–120 series airplanes, that would

have superseded an existing AD that

currently requires repetitive visual

checks or inspections to verify that the

flight idle stop system circuit breakers

are closed, and repetitive functional

tests to determine if the backup flight

idle stop system is operative. That

notice of proposed rulemaking (NPRM)

would also have required modification

of the secondary flight idle stop system

(SFISS), which would terminate the

repetitive actions. That NPRM also

would have removed certain airplanes

from the applicability. That NPRM was

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

This new action revises the proposed

rule by changing the compliance time

and certain procedures for modifying

the SFISS. The actions specified by this

new supplemental NPRM are intended

to prevent an inoperative backup flight

idle stop system.

DATES: Comments must be received by

February 12, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

66–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

3512 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Proposed Rules

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-anmnprmcomment@faa.gov. Comments sent

via fax or the Internet must contain

‘‘Docket No. 2000–NM–66–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

Empresa Brasileira de Aeronautica S.A.

(EMBRAER), P.O. Box 343—CEP 12.225,

Sao Jose dos Campos—SP, Brazil. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT:

Linda Haynes, Aerospace Engineer,

Propulsion Branch, ACE–117A, FAA,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia

30349; telephone (770) 703–6091; fax

(770) 703–6097.

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 supplemental NPRM 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–66–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

notice of proposed rulemaking (NPRM)

by submitting a request to the FAA,

Transport Airplane Directorate, ANM–

114, Attention: Rules Docket No. 2000–

NM–66–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Discussion

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to add an airworthiness

directive (AD), applicable to certain

EMBRAER Model EMB–120 series

airplanes, was published as an NPRM in

the Federal Register on April 11, 2000

(65 FR 19345). That NPRM proposed to

supersede AD 92–16–51, amendment

39–8355 (57 FR 40838, September 8,

1992), which is applicable to all

EMBRAER Model EMB–120 series

airplanes. That NPRM would have

continued to require repetitive visual

checks or inspections to verify that the

flight idle stop system circuit breakers

are closed, and repetitive functional

tests to determine if the backup flight

idle stop system is operative. That

NPRM would have added a

modification of the secondary flight idle

stop system (SFISS), which would

terminate the repetitive actions. That

NPRM also would have removed certain

airplanes from the applicability.

Actions Since Issuance of Previous

Proposal

Since the issuance of that NPRM,

EMBRAER has issued two new service

bulletins that revise certain procedures

that were included in earlier revisions

of the service bulletins to further

improve the reliability of the SFISS.

EMBRAER Service Bulletin 120–76–

0018, Change No. 03, dated May 26,

2000, includes new and revised

procedures for replacing the SFISS with

a new system. The actions specified in

this service bulletin are intended to

reduce maintenance efforts by

eliminating certain repetitive

inspections and tests, and to provide

warning lights if either of the two

secondary flight idle locks become

inoperable during flight. This new

revision divides the text into Part I and

Part II, as follows:

• Part I revises modification

procedures for replacing the flight idle

lock assembly with a new assembly

within 4,000 flight hours.

• Part II includes modification

procedures for an inspection to

determine the type of bolt used to attach

the power control Teleflex cable end to

the nacelle secondary flight idle locking

mechanism, and replacement of any

hex-head bolt with a countersunk-head

bolt within 400 flight hours.

EMBRAER Service Bulletin 120–76–

0022, Change No. 01, dated October 9,

2000, revises the procedures in Parts I,

II, and III, and adds Part IV procedures.

• Part I revises the procedure for

installing the new power control

bellcrank.

• Part II adds an inspection procedure

and corrective action if a protruding

hex-head bolt is found during the

inspection.

• Part III revises the procedures for

replacing the existing solenoid assembly

by adding procedures for releasing the

control cable end from the power

control bellcrank and installing the new

power control bellcrank.

• Part IV adds procedures for

inspecting and replacing the bolt used

to attach the power control cable end to

the power control bellcrank.

Comments Received

Due consideration has been given to

the comments received in response to

the original NPRM:

Request To Use Later Service

Information

One commenter requests changing the

revision number of Embraer Service

Bulletin 120–76–0018, from Revision 01

to Revision 03 to reflect the latest

improvements in the new design for the

SFISS. This new design provides a

significant reduction in maintenance

requirements and a positive warning of

an inoperative condition.

The FAA concurs that the later

revision of this service bulletin, which

is Change No. 03, dated May 26, 2000

(rather than Revision 03), is the correct

reference. Paragraph (d)(2) of the

supplemental NPRM has been revised

accordingly.

Request To Revise Compliance Time for

Modifying the SFISS

One commenter strongly recommends

incorporating the new SFISS in all

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Proposed Rules 3513

EMB–120 series airplanes that are in

operation at the earliest scheduled

heavy maintenance opportunity (within

the next 4,000 flight hours). The

commenter proposes this change

because the improved SFISS specified

in Service Bulletin 120–76–0018,

Change No. 03, significantly reduces

maintenance efforts and provides a

positive warning of an inoperative

condition.

The FAA partially concurs with the

commenter’s request to change the

compliance time for modifying the

SFISS in accordance with the new

revision of Service Bulletin 120–76–

0018. However, we have determined

that the modification specified in Part I

of that service bulletin must be

accomplished ‘‘within 18 months or

within 4,000 flight hours after the

effective date of this AD, whichever

occurs earlier.’’ We have also

determined that the modification

specified in Part II of that service

bulletin must be accomplished ‘‘within

18 months or within 400 flight hours

after the effective date of this AD,

whichever occurs earlier.’’ In

developing the appropriate compliance

times, the FAA considered the safety

implications, parts availability, and

normal maintenance schedules for

timely modification of the SFISS. In

consideration of these factors, we have

determined that the compliance times,

as proposed in this supplemental

NPRM, represent appropriate intervals

in which the modifications can be

accomplished in a timely manner

within the fleet and still maintain an

adequate level of safety. We have

specified the new proposed compliance

times in paragraphs (d)(2) and (d)(3) and

have added paragraph (d)(4) of the

supplemental NPRM accordingly.

Conclusion

The FAA has revised this

supplemental NPRM to specify new

requirements based on revisions to the

previously referenced service bulletins

and on certain comments previously

described. Since these changes expand

the scope of the originally proposed

rule, we have determined that it is

necessary to reopen the comment period

to provide additional opportunity for

public comment.

Cost Impact

The FAA estimates that 230

EMBRAER Model EMB–120 series

airplanes of U.S. registry would be

affected by this supplemental NPRM.

The actions that are currently

required by AD 92–16–51 take

approximately 5 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour.

Based on these figures, the cost

impact of the currently required actions

on U.S. operators is estimated to be

$69,000, or $300 per airplane, per

inspection cycle.

The approximate cost, at an average

labor rate of $60 per work hour, for the

modifications proposed by this AD are

listed in Table 1, as follows:

TABLE 1.—ESTIMATED COSTS

Service bulletin Work hours Parts cost Cost per

airplane

120–76–0015:

Part I ...................................................................... 4 $4,376 ........................................................................... $4,616

Part II ..................................................................... 2 14,331 ........................................................................... 14,451

120–76–0018:

Part I ...................................................................... 50 20,000 (varies with configuration) ................................ 23,000

Part II .....................................................................

120–76–0022:

Part I ...................................................................... 2 14,150 ........................................................................... 14,270

Part II ..................................................................... 2 2,429 ............................................................................. 2,549

Part III .................................................................... 2 14,229 ........................................................................... 14,349

Part IV ................................................................... 1 53 .................................................................................. 113

Therefore, based on the figures

included in Table 1, the cost impact of

the modification proposed by this AD

on U.S. operators is estimated to range

from $113 to $23,000 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the current or proposed requirements of

this AD action, and that no operator

would accomplish those actions in the

future if this 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.

3514 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Proposed Rules

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–8355 (57 FR

40838, September 8, 1992), and by

adding a new airworthiness directive

(AD), to read as follows:

Empresa Brasileira de Aeronautica, S.A.

(EMBRAER): Docket 2000–NM–66–AD.

Supersedes AD 92–16–51, Amendment

39–8355.

Applicability: Model EMB–120 series

airplanes, certificated in any category; serial

numbers 120004 through 120354 inclusive.

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 (e)(1) 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 an inoperative backup flight

idle stop system, accomplish the following:

Restatement of Certain Requirements of AD

92–16–51:

(a) For all airplanes: Within 5 days after

September 23, 1992 (the effective date of AD

92–16–51, amendment 39–8355), and

thereafter prior to the first flight of each day

until the requirements of paragraph (d) of

this AD have been accomplished, accomplish

paragraph (a)(1) or (a)(2) of this AD, as

applicable:

(1) For airplanes on which an inspection

window has been installed on the left lateral

console panel that permits visibility of the

flight idle stop solenoid circuit breakers:

Using an appropriate light source, perform

a visual check to verify that both ‘‘FLT IDLE

STOP SOL’’ circuit breakers CB0582 and

CB0583 for engine 1 and engine 2 are closed.

Note 2: This check may be performed by

a flight crew member.

Note 3: Instructions for installation of an

inspection window can be found in

EMBRAER Information Bulletin 120–076–

0003, dated November 19, 1991; or

EMBRAER Service Bulletin 120–076–0014,

dated July 29, 1992.

(2) For airplanes on which an inspection

window has not been installed on the left

lateral console panel: Perform a visual

inspection to verify that both ‘‘FLT IDLE

STOP SOL’’ circuit breakers CB0582 and

CB0583 for engine 1 and engine 2 are closed.

(b) As a result of the check or inspection

performed in accordance with paragraph (a)

of this AD: If circuit breakers CB0582 and

CB0583 are not closed, prior to further flight,

reset them and perform the functional test

specified in paragraph (c) of this AD.

(c) Within 5 days after September 23, 1992,

and thereafter at intervals not to exceed 75

hours time-in-service, or immediately

following any maintenance action where the

power levers are moved with the airplane on

jacks, until the requirements of paragraph (d)

of this AD have been accomplished, conduct

a functional test of the backup flight idle stop

system for engine 1 and engine 2 by

performing the following steps:

(1) Move both power levers to the ‘‘MAX’’

position.

(2) Turn the aircraft power select switch

on.

(3) Open both ‘‘AIR/GROUND SYSTEM’’

circuit breakers CB0283 and CB0286 to

simulate in-flight conditions with weight-offwheels. Wait for at least 15 seconds, then

move both power levers back toward the

propeller reverse position with the flight idle

gate triggers raised. Verify that the power

lever for each engine cannot be moved below

the flight idle position, even though the flight

idle gate trigger on each power lever is

raised.

(4) If the power lever can be moved below

the flight idle position, prior to further flight,

restore the backup flight idle stop system to

the configuration specified in EMBRAER

Service Bulletin 120–076–0009, Change No.

4, dated November 1, 1990, and perform a

functional test.

Note 4: If the power lever can be moved

below flight idle, this indicates that the

backup flight idle stop system is inoperative.

(5) Move both power levers to the ‘‘MAX’’

position.

(6) Close both ‘‘AIR/GROUND SYSTEM’’

circuit breakers CB0283 and CB0286. Wait

for at least 15 seconds, then move both power

levers back toward the propeller reverse

position with the flight idle gate triggers

raised. Verify that the power lever for each

engine can be moved below the flight idle

position.

(7) If either or both power levers cannot be

moved below the flight idle position, prior to

further flight, inspect the backup flight idle

stop system and the flight idle gate system,

and accomplish either paragraph (c)(7)(i) or

(c)(7)(ii) of this AD, as applicable:

(i) If the backup flight idle stop system is

failing to disengage with weight-on-wheels,

prior to further flight, restore the system to

the configuration specified in EMBRAER

Service Bulletin 120–076–0009, Change No.

4, dated November 1, 1990.

(ii) If the flight idle gate system is failing

to open even though the trigger is raised,

prior to further flight, repair in accordance

with the EMBRAER Model EMB–120

maintenance manual.

(8) Turn the power select switch off. The

functional test is completed.

New Requirements of This AD

(d) Modify the secondary flight idle stop

system (SFISS), as specified by paragraph

(d)(1), (d)(2), (d)(3), or (d)(4), as applicable,

of this AD. Accomplishment of the

modification constitutes terminating action

for the requirements of this AD.

(1) For airplane serial number 120068,

within 18 months or within 4,000 flight

hours after the effective date of this AD,

whichever occurs earlier: Modify the SFISS

in accordance with Parts I and II of

EMBRAER Service Bulletin 120–76–0015,

Change No. 05, dated September 9, 1999.

(2) For certain airplanes listed in

EMBRAER Service Bulletin 120–76–0018,

Change No. 03, dated May 26, 2000, that

HAVE NOT accomplished the actions

specified in earlier revisions of that service

bulletin: Within 18 months or within 4,000

flight hours after the effective date of this AD,

whichever occurs earlier, modify the SFISS

(including replacing the bolts, washers, nuts,

and cotter-pins of the engine power control

cable for the left and right engines with new

components; replacing the flight idle lock

assembly with a new assembly; and replacing

certain other components with new

components), in accordance with Part I of

that service bulletin.

(3) For certain airplanes listed in

EMBRAER Service Bulletin 120–76–0018,

Change No. 03, dated May 26, 2000, that

HAVE accomplished the actions specified in

that service bulletin: Within 18 months or

within 400 flight hours after the effective

date of this AD, whichever occurs earlier,

modify the SFISS (including an inspection to

determine the type of bolt used to attach the

power control cable end at the bellcrank in

the left and right nacelles, and replacement

of any protruding hex-head bolt with a new

countersunk-head bolt), in accordance with

Part II of that service bulletin.

Note 5: This AD references Service Bulletin

120–76–0018, Change No. 03, dated May 26,

2000, and Brazilian airworthiness directive

90–07–04R4, dated October 4, 1999, for

applicability, inspection, and modification

information. In addition, this AD specifies

compliance-time requirements beyond those

included in the Brazilian airworthiness

directive or the service information. Where

there are differences between the AD and

previously referenced documents, the AD

prevails.

(4) For airplanes listed in EMBRAER

Service Bulletin 120–76–0022, Change No.

01, dated October 9, 2000: Within 18 months

or within 4,000 flight hours after the effective

date of this AD, whichever occurs earlier,

modify the SFISS in accordance with Part I,

II, III, or IV, as applicable, of that service

bulletin.

Note 6: Accomplishment of the

requirements of paragraph (d) of this AD does

not remove or otherwise alter the

requirement to perform the repetitive (400-

flight-hour) CAT 8 task checks specified by

the Maintenance Review Board.

Alternative Methods of Compliance

(e)(1) 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, Atlanta

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Atlanta ACO.

(2) Alternative methods of compliance,

approved previously for paragraphs (a), (b),

and (c) of AD 92–16–51, are considered to be

approved as alternative methods of

compliance with the inspection requirements

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Proposed Rules 3515

of paragraphs (a), (b), and (c) of this AD. No

alternative methods of compliance have been

approved in accordance with AD 92–16–51

as terminating action for this AD.

Note 7: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

Special Flight Permits

(f) 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 8: The subject of this AD is addressed

in Brazilian airworthiness directive 90–07–

04R4, dated October 4, 1999.

Issued in Renton, Washington, on January

9, 2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–1239 Filed 1–12–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–116–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 767 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 Boeing Model 767 series

airplanes. This proposal would require

removing the two existing escape ropes

in the flight compartment; installing

new escape ropes, bags, and placards;

and replacing the nylon straps with new

straps; as applicable. This action is

necessary to ensure that flight crew

members safely reach the ground from

a flight compartment window in the

event of an emergency evacuation. This

action is intended to address the

identified unsafe condition.

DATES: Comments must be received by

March 2, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

116–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–116–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

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Jim

Cashdollar, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2785; fax (425) 227–1181.

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–116–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–116–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received a report

indicating that the escape ropes

provided at the flight deck windows on

certain Model 767 series airplanes are

too short when the airplane is in a tailtip condition [i.e., airplane resting on

one main landing gear (MLG), the

engine on the side of the collapsed

MLG, and the aft fuselage]. The length

of the end of the existing ropes is

approximately 101⁄2 to 121⁄2 feet above

the ground when the airplane is in a

tail-tip condition. To establish the

appropriate length of an escape rope, all

conditions of a collapsed landing gear

must be considered to determine how

high the flight deck windows will be

above the ground. When the length of

the 767 escape ropes was established, it

was assumed that the engine on the

same side of the airplane as a collapsed

MLG would shear off of the wing due to

the weight of the airplane. However,

service experience has shown that the

engines on both sides of the airplane

can remain attached when an MLG

collapses. If this condition were to

occur, the height of the flight deck

windows would be higher than

originally calculated, and thus, the

escape ropes at the flight deck windows

would be too short if a tail-tip condition

occurs. This condition, if not corrected,

could prevent flight crew members from

safely reaching the ground from a flight

compartment window in the event of an

emergency evacuation.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Alert Service Bulletin 767–

25A0265, dated May 27, 1999, which

describes procedures for removing the

two existing escape ropes in the flight

compartment; installing new escape

ropes, bags, and placards; and replacing