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

28402

Vol. 66, No. 100

Wednesday, May 23, 2001

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–397–AD]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–2B16 (including CL–

601–3A and CL–601–3R) 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 Bombardier Model CL–600–

2B16 series airplanes. This proposal

would require modification of the

wiring for the internal fuel/defuel panel.

This action is necessary to prevent the

loss of engine and fuel indications

essential for safe flight and landing.

This action is intended to address the

identified unsafe condition.

DATES: Comments must be received by

June 22, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000-NM–

397-AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

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–397–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

Bombardier, Inc., Canadair, Aerospace

Group, P.O. Box 6087, Station Centreville, Montreal, Quebec H3C 3G9,

Canada. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT:

James E. Delisio, Aerospace Engineer,

Airframe and Propulsion Branch, ANE–

171, FAA, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7521; fax

(516) 568–2716.

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 No. 2000–NM–397–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–397–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

Transport Canada Civil Aviation

(TCCA), which is the airworthiness

authority for Canada, notified the FAA

that an unsafe condition may exist on

certain Bombardier Model CL–600–

2B16 series airplanes. TCCA advises of

an incident in which the flight crew lost

all readouts for the engine and fuel

quantity systems in the cockpit of an

airplane that had been modified with an

internal fuel/defuel panel. The cockpit

engine and fuel quantity systems for this

configuration are powered from a single

source, bypassing the dual power source

of the original installation. During the

incident, the fuel/defuel panel was left

energized following refueling, the

circuit breaker for the single power

source tripped, and the engine and fuel

quantity indications were subsequently

lost and could not be recovered. These

conditions, if not corrected, could result

in the loss of data essential for safe

flight and landing.

Explanation of Relevant Service

Information

Bombardier has issued Service

Bulletin S.B. GEN–28–010, Revision A,

dated May 15, 2000, which describes

procedures for modifying the wiring for

the internal fuel/defuel panel.

Accomplishment of the actions

specified in the service bulletin is

intended to adequately address the

identified unsafe condition. TCCA

classified this service bulletin as

mandatory and issued Canadian

airworthiness directive CF–2000–24,

dated August 15, 2000, to ensure the

continued airworthiness of these

airplanes in Canada.

Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Proposed Rules 28403

FAA’s Conclusions

These airplane models are

manufactured in Canada 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, TCCA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of TCCA,

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 18 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 60 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. The manufacturer

has committed previously to its

customers that it will bear the cost of

labor and replacement parts. As a result,

those costs are not attributable to this

proposed AD.

The cost impact 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:

Bombardier, Inc. (Formerly Canadair):

Docket 2000–NM–397–AD.

Applicability: Model CL–600–2B16

(including CL–601–3A and CL–601–3R)

series airplanes, certificated in any category,

as listed in the following table:

TABLE 1.—APPLICABILITY

Serial Number Transport Canada Limited Supplemental Type Certificate (STC) FAA STC

5064 .................................... SA90–128 ...................................................................................................................... ST00873NY

5075 .................................... SA91–22 ........................................................................................................................ SA861NE

5080 .................................... SA91–42 ........................................................................................................................ SA860NE

5092 .................................... Q–LSA91–52/D ............................................................................................................. SA965NE/ST00470NY

5096 .................................... Q–LSA91–52/D ............................................................................................................. SA965NE

5102 .................................... Q–LSA92–2/D ............................................................................................................... ST00364NY

5111 .................................... Q–LSA92–1011/D ......................................................................................................... SA1029NE

5123 .................................... Q–LSA93–1002/D ......................................................................................................... ST00001NY

5125 .................................... Q–LSA93–1007/D ......................................................................................................... No record of FAA STC

5130 .................................... Q–LSA93–1023/D ......................................................................................................... ST00049NY

5139 .................................... Q–LSA94–1002/D ......................................................................................................... ST00086NY

5142 .................................... Q–LSA94–1011/D ......................................................................................................... ST00216NY

5154 .................................... Q–LSA94–1023/D ......................................................................................................... ST00273NY

5156 .................................... Q–LSA94–1025/D ......................................................................................................... ST00423NY

5159 .................................... Q–LSA95–1002/D ......................................................................................................... ST01228NY

5162 .................................... Q–LSA95–1003/D ......................................................................................................... No record of FAA STC

5163 .................................... Q–LSA95–1011/D ......................................................................................................... ST00343NY

5194 .................................... Q–LSA96–1006/D ......................................................................................................... ST00769NY

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.

28404 Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Proposed Rules

Compliance: Required as indicated, unless

accomplished previously.

To prevent loss of engine and fuel

indications essential for safe flight and

landing, accomplish the following:

Modification

(a) Within 6 months after the effective date

of this AD, modify the wiring for the internal

fuel/defuel panel, in accordance with

Bombardier Service Bulletin S.B. GEN–28–

010, Revision A, dated May 15, 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, New York

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, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

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 Canadian airworthiness directive CF–

2000–24, dated August 15, 2000.

Issued in Renton, Washington, on May 17,

2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–12988 Filed 5–22–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

International Trade Administration

DEPARTMENT OF THE INTERIOR

15 CFR Part 303

[Docket No. 991228350–1118–02]

RIN: 0625–AA57

Office of Insular Affairs; Proposed

Changes in the Insular Possessions

Watch, Watch Movement and Jewelry

Program

AGENCIES: Import Administration,

International Trade Administration,

Department of Commerce; Office of

Insular Affairs, Department of the

Interior.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The Departments propose

amending their regulations governing

watch duty-exemption allocations and

the watch and jewelry duty-refund

benefits for producers in the United

States insular possessions (the U.S.

Virgin Islands, Guam, American Samoa

and the Commonwealth of the Northern

Mariana Islands). The proposed rule

would amend ITA regulations by further

clarifying the range of documents that

may be needed for verification of dutyfree shipments of jewelry into the

United States and by clarifying which

wages qualify as creditable and which

do not for purposes of calculating the

duty-refund for watches and jewelry.

We also propose amending the

regulations by making minor editorial

changes within the definition of new

firm for watches. Finally, we propose

amending the duty refund process by

dividing the amount of the annual duty

refund certificate into two installments.

These amendments are being proposed

to make grammatical changes, clarify a

portion of the regulations, update

methods of documentation and help

producers receive benefits in a more

timely fashion.

DATES: Written comments must be

received on or before June 22, 2001.

ADDRESSES: Address written comments

to Faye Robinson, Acting Director,

Statutory Import Programs Staff, Room

4211, U.S. Department of Commerce,

Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Faye

Robinson, (202) 482–3526, same address

as above.

SUPPLEMENTARY INFORMATION: The

insular possessions watch industry

provision in section 110 of Pub. L. No.

97–446 (96 Stat. 2331) (1983), as

amended by section 602 of Pub. L. No.

103–465 (108 Stat. 4991) (1994);

additional U.S. Note 5 to chapter 91 of

the Harmonized Tariff Schedule of the

United States (‘‘HTSUS’’), as amended

by Pub. L. 94–241 (90 Stat. 263) (1976)

requires the Secretary of Commerce and

the Secretary of the Interior, acting

jointly, to establish a limit on the

quantity of watches and watch

movements which may be entered free

of duty during each calendar year. The

law also requires the Secretaries to

establish the shares of this limited

quantity which may be entered from the

Virgin Islands, Guam, American Samoa

and the Commonwealth of the Northern

Mariana Islands (‘‘CNMI’’). After the

Departments have verified the data

submitted on the annual application

(Form ITA–334P), the producers’ dutyexemption allocations are calculated

from the territorial share in accordance

with 15 CFR 303.14 and each producer

is issued a duty-exemption license. The

law further requires the Secretaries to

issue duty-refund certificates to each

territorial watch and watch movement

producer based on the company’s dutyfree shipments and creditable wages

paid during the previous calendar year.

Pub. L. 106–36 (113 Stat. 127) (1999)

authorizes the issuance of a duty-refund

certificate to each territorial jewelry

producer for any article of jewelry

provided for in heading 7113 of the

HTSUS which is the product of any

such territory. The value of the

certificate is based on creditable wages

paid and duty-free units shipped into

the United States during the previous

calendar year. Although the law

specifically mentions the U.S. Virgin

Islands, Guam and American Samoa, the

issuance of the duty-refund certificate

would also apply to the CNMI due to

the Covenant to Establish a

Commonwealth of the Northern Mariana

Islands in Political Union with the

United States of America (Pub. L. 94–

241), which states that goods from the

CNMI are entitled to the same tariff

treatment as imports from Guam. See

also 19 CFR 7.2(a). The law provides

that during the first two years,

beginning August 9, 1999, jewelry that

is assembled in the territories shall be

treated as a product of such territories.

Thereafter, in order to be considered a

product of such territories, the jewelry

must meet the U.S. Customs Service

substantial transformation requirements

(the jewelry must become a new and

different article of commerce as a result

of production or manufacture performed

in the territory). To receive duty-free

treatment, the jewelry must also satisfy

the requirements of General Note

3(a)(iv) of the HTSUS and applicable

Customs Regulations (19 CFR 7.3).

The law specifies, in addition, that

watch producer benefits shall not be

diminished as a consequence of

extending duty-refund benefits to

jewelry manufacturers. In the event that

the aggregate amount of the calculated

duty refunds for both watches and

jewelry exceeds the total amount

available under Pub. L. 97–446, as

amended by Pub. L. 103–465, the watch

producers shall receive their calculated

amounts; the jewelry producers would

then receive amounts proportionately

reduced from the remainder. See Pub. L.

106–36.

Proposed Amendments

We propose amending Subpart A

§ 303.2(a)(5), see 65 FR 8049 (Feb. 17,

2000), by making grammatical changes.

We also propose amending Subpart A

§ 303.2(a)(13) and Subpart B

§ 303.16(a)(9) to explain further what is

meant by special services under the

definition of wages excluded from being