27014 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations

There has been much confusion on the

definition of small business since it was

first published in the Federal Register,

August 11, 1988. At that time, the RBEG

Program was called the Industrial

Development Grant Program. The name

of the program was changed in 1992 and

still contained the small business

definition. The RBEG Program has been

administered by two separate agencies

since inception of the program. The

Farmers Home Administration (FmHA)

originally administered the RBEG

Program. In 1996, it was transferred to

RBS. FmHA misinterpreted the

definition of small business in its

regulations as only needing to meet the

first two parts of the definition in order

to be eligible for assistance and funded

grants based on this misinterpretation.

RBS has recently determined the FmHA

interpretation is not consistent with the

actual regulatory language. Therefore,

the Agency wants to correct the

definition language and make it

retroactive starting August 11, 1988, so

the reversed definition will be

applicable to existing grants. Retroactive

application of the definition will

validate existing grants, which might

not otherwise have been eligible under

a strict application of the regulatory

criteria defining a small business. This

will ultimately streamline the regulation

and reduce the burden to the applicant

in meeting the restricted definition.

Discussion of Interim Final Rule

It is the policy of this Department that

rules relating to public property, loans,

grants, benefits or contracts shall be

published for comment notwithstanding

the exemption of 5 U.S.C. 553 with

respect to such rules. However, it would

be contrary to the public interest to wait

for public comment before

implementing the revision to the small

business definition. There is an

immediate need to provide funds to the

public to help alleviate the lack of

money available for economic

development in rural areas and to

alleviate confusion caused by past

misinterpretation and misapplication of

regulatory requirements. Using the

FmHA interpretation of the small

business definition will allow more

small businesses to stimulate the

economy and provide jobs. Comments

will be accepted for 60 days after

publication of this interim final rule and

will be considered in the development

of the final rule.

List of Subjects in 7 CFR Part 1942

Business and industry, Grant

programs—Housing and community

development, Industrial park, Rural

areas.

Therefore, chapter XVIII, title 7, Code

of Federal Regulations, is amended as

follows:

PART 1942—ASSOCIATIONS

1. The authority citation for part 1942

is revised to read as follows:

Authority: 5 U.S.C. 301, 7 U.S.C. 1932, 7

U.S.C. 1989, and 16 U.S.C. 1005.

Subpart G—Rural Business Enterprise

Grants and Television Demonstration

Grants

2. Section 1942.304 is amended by

revising the definition of small and

emerging private business enterprise to

read as follows:

§ 1942.304 Definitions.

* * * * *

Small and emerging private business

enterprise. Any private business which

will employ 50 or fewer new employees

and has less than $1 million in

projected gross revenues.

* * * * *

Dated: May 9, 2001.

Dawn R. Riley,

Acting Deputy Under Secretary.

[FR Doc. 01–12249 Filed 5–15–01; 8:45 am]

BILLING CODE 3410–XY–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–72–AD; Amendment

39–12230; AD 2001–10–04]

RIN 2120–AA64

Airworthiness Directives; Air Tractor,

Inc. AT–400, AT–500, and AT–800

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 2000–14–

51, which requires inspection of the

wing lower spar cap for cracks on Air

Tractor, Inc. (Air Tractor) Models AT–

501, AT–502, and AT–502A airplanes,

and modification or replacement of any

cracked wing lower spar cap. This AD

lowers the safe life for the wing lower

spar cap on Air Tractor AT–400, AT–

500, and AT–800 series airplanes. This

AD is the result of numerous reports of

cracks in the 3⁄8-inch bolthole of the

wing lower spar cap on the affected

airplanes. The actions specified by this

AD are intended to prevent fatigue

cracks from occurring in the wing lower

spar cap before the originally

established safe life is reached. Fatigue

cracks in the wing lower spar cap, if not

detected and corrected, could result in

the wing separating from the airplane

during flight.

DATES: This AD becomes effective on

June 8, 2001.

The Director of the Federal Register

approved the incorporation by reference

of certain publications listed in the

regulation as of June 8, 2001.

The Federal Aviation Administration

(FAA) must receive any comments on

this rule on or before July 13, 2001.

ADDRESSES: Submit comments in

triplicate to FAA, Central Region, Office

of the Regional Counsel, Attention:

Rules Docket No. 2000–CE–72–AD, 901

Locust, Room 506, Kansas City,

Missouri 64106.

You may get the service information

referenced in this AD from Air Tractor,

Incorporated, P.O. Box 485, Olney,

Texas 76374. You may look at this

information at FAA, Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 2000–CE–

72–AD, 901 Locust, Room 506, Kansas

City, Missouri 64106; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rob

Romero, Aerospace Engineer, FAA, Fort

Worth Airplane Certification Office,

2601 Meacham Boulevard, Fort Worth,

Texas 76193–0150; telephone: (817)

222–5102; facsimile: (817) 222–5960.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

Several reports of cracked wing lower

spar caps on Air Tractor AT–400, AT–

500, and AT–800 series airplanes have

caused the manufacturer (Air Tractor) to

recalculate the fatigue life of the wing

lower spar cap on these airplanes. One

report was an accident where the wing

separated from the airplane during

flight. The cracks are originating in the

outboard 3⁄8-inch bolthole of the wing

lower spar cap.

Air Tractor fatigue tested 24 wings

and all had cracks in the area of the 3⁄8-

inch bolthole. Follow-on field

inspections revealed more cracks in this

area.

What Are the Consequences if the

Condition Is Not Corrected?

This condition could result in fatigue

cracks in the wing lower spar cap before

the originally established safe life is

reached. Fatigue cracks in the wing

lower spar cap, if not detected and

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations 27015

corrected, could result in the wing

separating from the airplane during

flight.

Is There Service Information That

Applies to This Subject?

Air Tractor has issued the following:

—Snow Engineering Company Service

Letter #197, Revised March 26, 2001,

which applies to certain Models AT–

501, AT–502, and AT–502A airplanes;

—Snow Engineering Company Service

Letter #202, Revised March 26, 2001,

which applies to certain Models AT–

400, AT–401, AT–401B, AT–402, AT–

402A, and AT–402B airplanes;

—Snow Engineering Company Service

Letter #203, Revised March 26, 2001,

which applies to certain Models AT–

802 and AT–802A airplanes; and

—Snow Engineering Company Service

Letter #205, Revised March 26, 2001,

which applies to certain Models AT–

501, AT–502, AT–502B, and AT–

503A airplanes.

These service letters include

procedures for inspecting and replacing/

modifying the wing lower spar cap on

the affected airplanes.

The FAA’s Determination and an

Explanation of the Provisions of This

AD

What Has FAA Decided?

The FAA has reviewed all available

information, including the service

information referenced above; and

determined that:

—The unsafe condition referenced in

this document exists or could develop

on other Air Tractor AT–400, AT–500,

and AT–800 series airplanes of the

same type design;

—The actions specified in the

previously-referenced service

information (as specified in this AD)

should be accomplished on the

affected airplanes; and

—AD action should be taken in order to

correct this unsafe condition.

What Does This AD Require?

This AD lowers the safe life for the

wing lower spar cap on Air Tractor AT–

400, AT–500, and AT–800 series

airplanes. This AD also allows for

inspection, using eddy current methods,

of the wing lower spar cap for airplanes

that are at or over the lower safe life and

parts are not available. Operation of the

airplane is not allowed if cracks are

found and inspections must be

terminated when parts become available

or after performing three repetitive

inspections.

This AD supersedes AD 2000–14–51,

Amendment 39–11837 (65 FR 46567,

July 31, 2000), which currently requires

inspection of the wing lower spar cap

for cracks on Air Tractor Models AT–

501, AT–502, and AT–502A airplanes,

and modification or replacement of any

cracked wing lower spar cap.

Will I Have the Opportunity to Comment

Prior to the Issuance of the Rule?

Because the unsafe condition

described in this document could result

in possible separation of the wing from

the airplane during flight, FAA finds

that notice and opportunity for public

prior comment are impracticable.

Therefore, good cause exists for making

this amendment effective in less than 30

days.

Comments Invited

How do I Comment on This AD?

Although this action is in the form of

a final rule and was not preceded by

notice and opportunity for public

comment, we invite your comments on

the rule. You may submit whatever

written data, views, or arguments you

choose. You need to include the rule’s

docket number and submit your

comments in triplicate to the address

specified under the caption ADDRESSES.

We will consider all comments received

on or before the closing date specified

above. We may amend this rule in light

of comments received. Factual

information that supports your ideas

and suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether we

need to take additional rulemaking

action.

Are There any Specific Portions of the

AD I Should Pay Attention To?

The FAA specifically invites

comments on the overall regulatory,

economic, environmental, and energy

aspects of the rule that might suggest a

need to modify the rule. You may

examine all comments we receive before

and after the closing date of the rule in

the Rules Docket. We will file a report

in the Rules Docket that summarizes

each FAA contact with the public that

concerns the substantive parts of this

AD.

We are reviewing the writing style we

currently use in regulatory documents,

in response to the Presidential

memorandum of June 1, 1998. That

memorandum requires federal agencies

to communicate more clearly with the

public. We are interested in your

comments on whether the style of this

document is clear, and any other

suggestions you might have to improve

the clarity of FAA communications that

affect you. You can get more

information about the Presidential

memorandum and the plain language

initiative at http://

www.plainlanguage.gov.

How Can I Be Sure FAA Receives my

Comment?

If you want us to acknowledge the

receipt of your comments, you must

include a self-addressed, stamped

postcard. On the postcard, write

‘‘Comments to Docket No. 2000–CE–72–

AD.’’ We will date stamp and mail the

postcard back to you.

Regulatory Impact

Does This AD Impact Various Entities?

These regulations 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, FAA

has determined that this final rule does

not have federalism implications under

Executive Order 13132.

Does This AD Involve a Significant Rule

or Regulatory Action?

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and 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

(otherwise, an evaluation is not

required). A copy of it, if filed, may be

obtained from the Rules Docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, under 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.

27016 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations

§ 39.13 [Amended]

2. FAA amends § 39.13 by removing

AD 2000–14–51, Amendment 39–11837

(65 FR 46567, July 31, 2000), and by

adding a new airworthiness directive

(AD) to read as follows:

2001–10–04 Air Tractor, Inc.: Amendment

39–12230; Docket No. 2000–CE–72–AD;

Supersedes AD 2000–14–51,

Amendment 39–11837.

(a) What airplanes are affected by this AD?

The following presents the airplanes

(certificated in any category) that are affected

by this AD, along with the new safe life limit

(presented in hours time-in-service (TIS)) of

the wing lower spar cap for all airplane

models and serial numbers:

Model Serial numbers Safe life

AT–400 .... All serial numbers beginning with 0416 .......................................................................................................... 13,300 hours TIS.

AT–401 .... 0662 through 0951 .......................................................................................................................................... 10,757 hours TIS.

AT–401B .. 0952 through 1014 and 1016 though 1020 .................................................................................................... 6,948 hours TIS.

AT–401B .. 1015 and 1021 through 1124 ......................................................................................................................... 7,777 hours TIS.

AT–402 .... 0694 through 0951 .......................................................................................................................................... 7,440 hours TIS.

AT–402A .. 0738 through 0951 .......................................................................................................................................... 7,440 hours TIS.

AT–402A .. 0952 through 1020 .......................................................................................................................................... 4,589 hours TIS.

AT–402B .. 0966 through 1020 .......................................................................................................................................... 4,589 hours TIS.

AT–402A .. 1021 through 1124 .......................................................................................................................................... 5,268 hours TIS.

AT–402B .. 1021 through 1124 .......................................................................................................................................... 5,268 hours TIS.

AT–501 .... 0002 through 0061 .......................................................................................................................................... 4,531 hours TIS.

AT–501 .... All serial numbers beginning with 0062 .......................................................................................................... 7,693 hours TIS.

AT–502 .... 0003 through 0236 .......................................................................................................................................... 4,000 hours TIS.

AT–502A .. 0158 through 0618 .......................................................................................................................................... 3,000 hours TIS.

AT–502B .. 0187 through 0618 .......................................................................................................................................... 4,000 hours TIS.

AT–503A .. All serial numbers beginning with 0067 .......................................................................................................... 4,000 hours TIS.

AT–802 .... 0001 through 0059 .......................................................................................................................................... 4,132 hours TIS.

AT–802A .. 0003 through 0059 .......................................................................................................................................... 4,969 hours TIS.

AT–802 .... 0060 through 0091 .......................................................................................................................................... 4,188 hours TIS.

AT–802 .... 0092 through 0101 except those equipped with the factory-supplied part number 80540 computerized fire

gate.

8,163 hours TIS.

AT–802A .. 0060 through 0091 except those equipped with the factory-supplied part number 80540 computerized fire

gate.

4,531 hours TIS.

AT–802A .. 0092 through 0101 except those equipped with the factory-supplied part number 80540 computerized fire

gate.

8,648 hours TIS.

Note 1: Piston powered aircraft that have

been converted to turbine power should use

the limits for corresponding serial number

turbine-powered aircraft.

(b) Who must comply with this AD?

Anyone who wishes to operate any of the

above airplanes must comply with this AD.

(c) What problem does this AD address?

The actions specified by this AD are intended

to prevent fatigue cracks from occurring in

the wing lower spar cap before the originally

established safe life is reached. Fatigue

cracks in the wing lower spar cap, if not

detected and corrected, could result in the

wing separating from the airplane during

flight.

(d) What must I do to address this

problem? To address this problem, you must

accomplish the following actions:

Action Compliance time Procedures

(1) Modify the applicable aircraft records as follows to

show the reduced safe life for the wing lower spar cap

(that is specified in the table in paragraph (a) of this

AD):

(i) For the affected Models AT–802 and AT–802A airplanes: update the Owners Manual, Section 6—Airworthiness Limitations, Life Limited Parts.

(ii) For all affected airplanes other than the Models AT–

802 and AT–802A airplanes: incorporate the following

into the Aircraft Logbook ‘‘In accordance with AD **–

**–**, the wing lower spar cap is life limited to lll

(insert the applicable safe life number from the chart

in paragraph (a) of this AD).

(iii) If, as of the time of the logbook entry requirements

of paragraph (d)(1) of this AD, your airplane is over or

within 10 hours of the safe life limit, an additional 10

hours TIS is allowed to accomplish the replacement/

modification.

Accomplish the logbook

entry within the next 10

hours TIS after June 8,

2001, (the effective date

of this AD). An additional

10 hours TIS to accomplish the modification/replacement is allowed if

you are already over the

safe life limit.

The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal

Aviation Regulations (14 CFR 43.7) may modify the

aircraft records as specified in paragraphs (d)(1)(i)

and (d)(1)(ii) of this AD. Make an entry into the aircraft records showing compliance with this portion of

the AD in accordance with section 43.9 of the Federal Aviation Regualtions (14 CFR 43.9). Accomplish

the actual replacements/modifications in accordance

with Snow Engineering Service Letter #197, #202,

#203, or #205, all Revised March 26, 2001, as applicable.

(2) If you have ordered parts from the factory when it is

time to replace the wing lower spar cap (as required

per the logbook safe life reduction in paragraph (d)(1)

of this AD), but the parts are not available, inspect,

using eddy current methods, the wing lower spar cap.

These inspections are allowed until one of the following occurs, at which time the replacement/modification (required when the lower spar cap has

reached its safe life) must be accomplished:

Prior to further flight after

ordering the parts and

therafter at intervals not

to exceed 400 hours TIS

until one of the criteria in

paragraphs (d)(2)(i),

(d)(2)(ii), and (d)(2)(iii) of

this AD is met.

In accordance with the procedures in Snow Engineering Service Letter #197, #202, #203, or #205, all Revised March 26, 2001, as applicable.

(i) Crack(s) is/are found;

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations 27017

Action Compliance time Procedures

(ii) Parts become available from the manufacturer; or

(iii) Not more than three inspections or 1,200 hours TIS

go by: the first inspection would have to be accomplished upon accumulating the safe life; the second inspection would have to be accomplished within 400

hours TIS after accumulating the safe life; the third inspection would have to be accomplished 400 hours

TIS after the second inspection; and the replacement/

modification would have to be accomplished within

400 hours TIS after the third inspection (maximum

elapsed time would be 1,200 hours TIS).

(e) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Fort Worth Airplane

Certification Office (ACO), approves your

alternative. Submit your request through an

FAA Principal Maintenance Inspector. The

inspector may add comments before sending

it to the Manager, Fort Worth ACO.

(3) Alternative methods of compliance

approved for AD 2000–14–51 are not

considered approved for this AD.

Note 2: This AD applies to each airplane

identified in paragraph (a) of this AD,

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)

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 you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(f) Where can I get information about any

already-approved alternative methods of

compliance? Contact Rob Romero, Aerospace

Engineer, FAA, Fort Worth ACO, 2601

Meacham Boulevard, Fort Worth, Texas

76193–0150; telephone: (817) 222–5102;

facsimile: (817) 222–5960.

(g) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD provided that the following is

adhered to:

(1) Only operate in day visual flight rules

(VFR) only.

(2) Ensure that the hopper is empty.

(3) Limit airspeed to 135 miles per hour

(mph) indicated airspeed (IAS).

(4) Avoid any unnecessary g-forces.

(5) Avoid areas of turbulence.

(6) Plan the flight to follow the most direct

route.

(h) Are any service bulletins incorporated

into this AD by reference? Replacement

actions required by this AD must be done in

accordance with Snow Engineering Service

Letter #197, #202, #203, or #205, all Revised

March 26, 2001, as applicable. The Director

of the Federal Register approved this

incorporation by reference under 5 U.S.C.

552(a) and 1 CFR part 51. You may get copies

of this document from Air Tractor,

Incorporated, P.O. Box 485, Olney, Texas

76374. You can look at copies at FAA,

Central Region, Office of the Regional

Counsel, 901 Locust, Room 506, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW, suite

700, Washington, DC.

(i) When does this amendment become

effective? This amendment becomes effective

on June 8, 2001.

Issued in Kansas City, Missouri, on May 7,

2001.

Melvin D. Taylor,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–11968 Filed 5–15–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NE–42–AD; Amendment

39–12229; AD 2001–10–03]

RIN 2120–AA64

Airworthiness Directives; General

Electric Company CF34 Series

Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to General Electric Company

(GE) CF34–1A, –3A, –3A1, –3A2, –3B,

and –3B1 turbofan engines. This action

requires a one-time inspection, and if

necessary replacement of certain fan

disks for electrical arc-out indications,

and assigns a reduction in the life limit

of certain fan disks. This amendment is

prompted by a report of a crack that was

found during a visual inspection as part

of routine engine maintenance. The

actions specified in this AD are

intended to prevent rupture of the fan

disk due to cracks that initiate at an

electrical arc-out, which could result in

an uncontained failure of the engine.

DATES: Effective May 31, 2001. The

incorporation by reference of certain

publications listed in the rule is

approved by the Director of the Federal

Register as of May 31, 2001.

Comments for inclusion in the Rules

Docket must be received on or before

July 16, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 2000–NE–

42–AD, 12 New England Executive Park,

Burlington, MA 01803–5299. Comments

may also be sent via the Internet using

the following address: 9-aneadcomment@faa.gov. Comments sent

via the Internet must contain the docket

number in the subject line.

The service information referenced in

this AD may be obtained from GE

Aircraft Engines, 1000 Western Avenue,

Lynn, MA 01910; Attention: CF34

Product Support Engineering, Mail

Zone: 34017; telephone (781) 594–6323;

fax (781) 594–0600. This information

may be examined at the 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:

Eugene Triozzi, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone 781–238–7148;

fax 781–238–7199.

SUPPLEMENTARY INFORMATION: The FAA

has received a report of a crack at one

of the fan blade installation pin holes in

a GE CF34–3A1 engine fan disk. The

crack was found during a visual

inspection that was being conducted as

part of routine engine maintenance.

Crack initiation sites, consisting of small

zones of melted and resolidified metal,