Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules 1273

(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, Small Airplane

Directorate, approves your alternative.

Submit your request through an FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Small Airplane Directorate.

Note 1: 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 Karl Schletzbaum,

Aerospace Engineer, FAA, Small Airplane

Directorate, 901 Locust, Room 301, Kansas

City, Missouri 64106; telephone: (816) 329–

4146; facsimile: (816) 329–4090.

(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.

(h) How do I get copies of the documents

referenced in this AD? You may obtain copies

of the documents referenced in this AD from

SOCATA Groupe AEROSPATIALE, Customer

Support, Aerodrome Tarbes-Ossun-Lourdes,

BP 930—F65009 Tarbes Cedex, France; or the

Product Support Manager, SOCATA—

Groupe AEROSPATIALE, North Perry

Airport, 7501 Pembroke Road, Pembroke

Pines, Florida 33023. You may examine these

documents at FAA, Central Region, Office of

the Regional Counsel, 901 Locust, Room 506,

Kansas City, Missouri 64106.

Note 2: The subject of this AD is addressed

in French AD 2000–439(A), dated November

15, 2000.

Issued in Kansas City, Missouri, on

December 29, 2000.

David R. Showers,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–306 Filed 1–5–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–26–AD]

RIN 2120–AA64

Airworthiness Directives; Cessna

Aircraft Company Models 172N, 172P,

R172K, 172RG, F172N, F172P, FR172J,

and FR172K Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

supersede Airworthiness Directive (AD)

80–04–08, which currently requires

inspecting (one-time) the fuel line and

map light switch in the left hand

forward door post for chafing or arcing

and repairing any damage found on

certain Cessna Aircraft Company

(Cessna) Model 172N, R172K, F172N,

and FR172K airplanes. AD 80–04–08

also required providing at least a 0.50-

inch clearance between the map light

switch and the fuel line; and installing

a switch cover (insulator) over the map

light switch. The FAA has determined

that chafing between the map light

switch and the fuel line could continue

to develop over the life of the affected

airplanes. The proposed AD would

extend the inspections and installation

of the switch cover requirement to

certain 172N, 172P, R172K, 172RG,

F172N, F172P, FR172J, and FR172K

series airplanes. The proposed AD

would also require replacement of the

fuel line, if damaged; and would make

the switch cover inspection and

replacement repetitive. The actions

specified by the proposed AD are

intended to detect and correct any

chafing between the map light switch

and the bordering fuel line, which could

result in a fuel leak and an in-flight fire.

DATES: The Federal Aviation

Administration (FAA) must receive any

comments on this proposed rule by

February 12, 2001.

ADDRESSES: Send three copies of

comments to FAA, Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 2000–CE–

26–AD, 901 Locust, Room 506, Kansas

City, Missouri 64106. You may read

comments at this location between 8

a.m. and 4 p.m., Monday through

Friday, except holidays.

You may get the service information

referenced in the proposed AD from the

Cessna Aircraft Company, P.O. Box

7706, Wichita, Kansas 67277; telephone:

(316) 941–7550, facsimile: (316) 942–

9008. You may look at this information

at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Clyde Erwin, Aerospace Engineer, FAA,

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas

67209, telephone: (316) 946–4149;

facsimile: (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed

AD?

We invite your comments on the

proposed rule. You may send whatever

written data, views, or arguments you

choose. You need to include the rule’s

docket number and send your

comments in triplicate to the address

mentioned under the caption

ADDRESSES. We will consider all

comments received by the closing date

mentioned above, before acting on the

proposed rule. We may change the

proposals contained in this notice

because of the comments received.

Are There Any Specific Portions of the

Proposed AD I Should Pay Attention to?

The FAA specifically invites

comments on the overall regulatory,

economic, environmental, and energy

aspects of the proposed rule that might

call for a need to change the proposed

rule. You may examine all comments

we receive. We will file a report in the

Rules Docket that summarizes each FAA

contact with the public that concerns

the substantive parts of this proposal.

The FAA is reexamining 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 the ease

of understanding this document, 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.faa.gov/language/.

How Can I Be Sure FAA Receives My

Comment?

If you want to know that we received

your comments, you must include a

self-addressed, stamped postcard. On

the postcard, write ‘‘Comments Docket

No. 2000–CE–26–AD.’’ We will date

stamp and mail the postcard back to

you.

1274 Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules

Discussion

Has FAA Taken Any Action to This

Point?

The FAA issued AD 80–04–08,

Amendment 39–3696, February 16,

1980, in order to preclude the

possibility of a fuel leak or an in-flight

fire due to contact between a map light

switch and an adjacent fuel line of

certain Cessna Models 172N, R172K,

F172N, and FR172K airplanes. AD 80–

04–08 requires that you do the following

on the affected airplanes:

—Visually inspect the fuel line and map

light switch located in the left hand

forward door post for chafing or

arcing and replace damaged parts as

necessary. If not already existing,

provide at least a 0.50-inch clearance

between the map light switch and the

fuel line in accordance with

procedures in FAA Advisory Circular

43.13–1A.

—Install a cover (insulator), Cessna Part

Number 0511080–1, over the map

light switch in accordance with

Cessna Single Engine Service

Information Letter SE80–3 and

Supplement #1 thereto, both dated

January 21, 1980.

AD 80–04–08 was the result of

instances of chafing between the map

light switch and the adjacent fuel line

on the affected airplanes. When the

chafing caused an electrical short,

insulation melted from the map light

wire and a hole was burned in the fuel

line.

What Has Happened To Necessitate

Further AD Action?

Since issuance of AD 80–04–08, FAA

has received several reports of incidents

of electrical shorts on Cessna Model

172N airplanes. These electrical shorts

have resulted because the mounting

screws may be elongated or broken out

on the affected airplanes or doorpost

cover shapes have changed over time.

Switch covers may:

—Deteriorate over time;

—Receive damage from service

activities,

—Be left off after service activities;

—Not be mounted properly; or

—Not be used in after-market interior

installations.

AD 80–04–08 applied to only certain

serial numbers and did not cover all of

the models that have map light switches

in the doorpost.

Is There Service Information That

Applies to This Subject?

Cessna issued Service Bulletin

SEB00–1, dated January 17, 2000.

What Are the Provisions of This Service

Bulletin?

The service bulletin includes

procedures for:

—Inspecting for the existence and

damage to the cover (insulator) for the

doorpost map light switch;

—Installing the cover (insulator) if not

installed or found damaged; and

—Replacing the fuel line, if found

damaged.

The FAA’s Determination and an

Explanation of the Provisions of the

Proposed AD

What Has FAA Decided?

After examining the circumstances

and reviewing all available information

related to the incidents described above,

we have determined that:

—The unsafe condition referenced in

this document exists or could develop

on other Cessna models 172N, 172P,

R172K, 172RG, F172N, F172P,

FR172J, and FR172K airplanes of the

same type designs;

—The actions specified in the

previously referenced service

information should be accomplished

on the affected airplanes; and

—AD action should be taken in order to

correct this unsafe condition.

What Would This Proposed AD Require?

This proposed AD would supersede

AD–80–04–08 with a new AD that

would require:

—Repetitively inspecting for the

existence and damage to the cover

(insulator) for the doorpost map light

switch;

—Installing a cover (insulator) if

missing or damaged; and

—Replacing the fuel line, if damaged.

Cost Impact

How Many Airplanes Would This

Proposed AD Impact?

We estimate that the proposed AD

would affect at least 7,750 airplanes.

What Would Be the Cost Impact of the

Proposed Initial Inspection for the

Affected Airplanes on the U.S. Register?

We estimate that it would take

approximately 1 workhour per airplane

to do the proposed initial inspection, at

an average labor rate of $60 an hour.

Based on the figures presented above,

the total cost impact of the proposed

initial inspection on U.S. operators is

estimated to be $465,000, or $60 per

airplane. If any parts are required, the

estimated cost per airplane for the cover

(insulator) is $6.00. The cost for a

replacement fuel line varies from $26.00

to $129.00, plus labor, depending on the

airplane model.

What About the Cost of Repetitive

Inspections?

The FAA has no way of determining

the number of repetitive inspections

each owner/operator would incur over

the life of each of the affected airplanes,

or how many covers (insulators) or fuel

lines would need to be replaced, so the

cost impact is based on the initial

inspection.

What Is the Difference Between the Cost

Impact of this Proposed AD and the

Cost Impact of AD 80–04–08?

The cost impact of the proposed AD

is more than currently required by AD

80–04–08. The differences between the

proposed AD and AD 80–04–08 are the

additional airplane models that would

be affected and the repetitive

inspections each affected airplane

owner/operator would incur over the

life of the airplane.

Regulatory Impact

Would This Proposed AD Impact

Relations Between Federal and State

Governments?

The regulations proposed would not

have a substantial direct effect on the

States, on the between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. We have

determined that this proposed rule

would not have federalism implications

under Executive Order 13132.

Would This Proposed AD Involve a

Significant Rule or Regulatory Action?

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

put into effect, 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. We have

placed a copy of the draft regulatory

evaluation prepared for this action in

the Rules Docket. You may get a copy

of it 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

Therefore, under the authority

delegated to me by the Administrator,

the Federal Aviation Administration

Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules 1275

(FAA) 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. FAA amends § 39.13 by removing

Airworthiness Directive (AD) 80–04–08,

Amendment 39–3696, and by adding a

new AD to read as follows:

Cessna Aircraft Company:

Docket No. 2000–CE–26–AD; Supersedes AD

80–04–08, Amendment 39–3696.

(a) What airplanes are affected by this AD?

The following Cessna model airplanes,

certificated in any category:

Model Serial No.

172N ........ 17267585 through 17270049;

17270051 through 17274009;

17261445, 17261578, and

17270050.

172P ........ 17274010 through 17276654.

172RG ..... 172RG0001 through

172RG1191; and 691.

F172N ...... F17201640 through F17202039.

F172P ...... F17202040 through F17202254.

FR172J .... FR17200531 through 17200590.

FR172K ... FR17200591 through 17200675.

R172K ..... R1722000 through R1723454;

and 680.

(b) Who must comply with this AD?

Anyone who wishes to operate any of the

above airplanes on the U.S. Register must

comply with this AD.

(c) What problem does this AD address?

The actions specified by this AD are intended

to continue to detect and correct any chafing

between the map light switch and the

bordering fuel line, which could result in a

fuel leak or an in-flight fire.

(d) What must I do to address this

problem? To address this problem, unless

already done, you must do the following

actions:

Actions Compliance time Procedures

(1) Inspect the doorpost map light switch insulator (part number 0511080–1) to verify it is

installed and (if installed) not damaged.

Initially inspect within the next 100 hours timein-service (TIS) after the effective date of

this AD or within the next 12 calendar

months after the effective date of this AD,

whichever occurs first. Repetitively inspect

thereafter at intervals not to exceed 12 calendar months.

Do this action following the ACCOMPLISHMENT INSTRUCTIONS section of Cessna

Service Bulletin SEB00–1, dated January

17, 2000.

(2) If a switch cover (insulator) is not installed

or is damaged in any way, install a new insulator (part number 0511080–1).

Before further flight after the inspection where

any damage is found or the cover is found

missing.

Do this action following the ACCOMPLISHMENT INSTRUCTIONS section of Cessna

Service Bulletin SEB00–1, dated January

17, 2000, and the Cessna Manufacturer’s

Maintenance Manual.

(3) If the fuel line is damaged in any way, install a new fuel line. The replacement fuel

line part number varies with aircraft model.

Before further flight after the inspection where

any damage is found.

Do this action following the ACCOMPLISHMENT INSTRUCTIONS section of Cessna

Service Bulletin SEB00–1, dated January

17, 2000, and the Cessna Manufacturer’s

Maintenance Manual.

Note 1: The compliance times specified in

Cessna Service Bulletin SEB00–1, dated

January 17, 2000, are different from those

required by this AD. The compliance times

in this AD take precedence over those in the

service bulletin.

(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, Wichita Aircraft

Certification Office (ACO), approves your

alternative. Send your request through an

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Wichita ACO.

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? You can contact Mr. Clyde

Erwin, Aerospace Engineer, FAA, Wichita

Aircraft Certification Office, 1801 Airport

Road, Room 100, Mid-Continent Airport,

Wichita, Kansas 67209, telephone: (316) 946–

4149; facsimile: (316) 946–4407.

(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 perform the requirements of

this AD.

(h) How do I get copies of the documents

referenced in this AD? You may get copies of

the documents referenced in this AD from

the Cessna Aircraft Company, P. O. Box 7706,

Wichita, Kansas 67277; or you may read this

document at FAA, Central Region, Office of

the Regional Counsel, 901 Locust, Room 506,

Kansas City, Missouri 64106.

(i) Does this AD action affect any existing

AD actions? This amendment supersedes AD

80–04–08, Amendment 39–3696.

Issued in Kansas City, Missouri, on

December 27, 2000.

David R. Showers,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–343 Filed 1–5–01; 8:45 am]

BILLING CODE 4910–13–P -

1276 Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 14

[Docket No. 00N–1634]

Public Hearing Before a Public

Advisory Committee; Examination of

Administrative Record and Other

Advisory Committee Records

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule.

SUMMARY: The Food and Drug

Administration (FDA) is proposing to

amend its administrative regulations

governing the public disclosure of

written information for consideration by

an advisory committee at an advisory

committee meeting. This action would

amend the regulations to state that

written information for consideration by

an advisory committee at a committee

meeting is available for public

disclosure, whenever practicable, before

or at the time of the meeting. FDA is

proposing this action to reflect current

FDA policy in conformance with

applicable law. This proposed rule is a

companion document to the direct final

rule published elsewhere in this issue of

the Federal Register.

DATES: Submit written comments on the

proposed rule by March 26, 2001. If

FDA receives no significant adverse

comment on the amendment of these

regulations within the specified

comment period, the agency intends to

publish a document confirming the

effective date of the final rule in the

Federal Register within 30 days after

the comment period in the direct final

rule ends. The direct final rule will be

effective 30 days after publication of the

confirmation notice in the Federal

Register.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 5630 Fishers Lane, rm.

1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:

Andrea C. Masciale, Center for Drug

Evaluation and Research (HFD–7), Food

and Drug Administration, 5600 Fishers

Lane, Rockville, MD 20857, 301–594–

2041.

SUPPLEMENTARY INFORMATION:

I. Discussion

As described more fully in the related

direct final rule, FDA’s procedures for

the administration of advisory

committees are set forth in part 14 (21

CFR part 14). Section 14.75(a)(1) states

that unless it is otherwise exempt from

disclosure, written information for

consideration by the committee at the

meeting should be available for public

disclosure at the same time it is made

available to the committee. FDA finds

that this provision for simultaneous

disclosure is not required by the Federal

Advisory Committee Act (5 U.S.C. app.

2) and that compliance with this

provision would be detrimental to the

advisory committee process. Therefore,

the agency is proposing to amend

§ 14.75(a)(1) to state that the written

information for consideration by an

advisory committee at any meeting is

available for public disclosure,

whenever practicable, before or at the

time of the meeting.

II. Additional Information

This proposed rule is a companion to

the direct final rule published in the

final rules section of this issue of the

Federal Register. This companion

proposed rule and the direct final rule

are identical. This companion proposed

rule will provide the procedural

framework to finalize the rule in the

event the direct final rule receives

significant adverse comments and is

withdrawn. The comment period for

this companion proposed rule runs

concurrently with the comment period

of the direct final rule. Any comments

received under the companion proposed

rule will be treated as comments

regarding the direct final rule.

If no significant adverse comment is

received in response to the direct final

rule, no further action will be taken

related to this proposed rule. Instead,

FDA will publish a confirmation

document within 30 days after the

comment period ends, and FDA intends

the direct final rule to become effective

30 days after publication of the

confirmation document. If FDA receives

significant adverse comments, the

agency will withdraw the direct final

rule. FDA will proceed to respond to all

of the comments received regarding the

rule and, if appropriate, the rule will be

finalized under this companion

proposed rule using usual notice-andcomment procedures.

For additional information, see the

corresponding direct final rule

published in the final rules section of

this issue of the Federal Register. FDA

will not provide additional opportunity

for comment. A significant adverse

comment is one that explains why the

rule would be inappropriate, including

challenges to the rule’s underlying

premise or approach, or would be

ineffective or unacceptable without a

change. A comment recommending a

rule change in addition to this rule will

not be considered a significant adverse

comment, unless the comment states

why this rule would be ineffective

without the additional change.

III. Environmental Impact

The agency has determined under 21

CFR 25.30(h) that this action is of a type

that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

IV. Analysis of Impacts

FDA has examined the impacts of this

proposed rule under Executive Order

12866, the Regulatory Flexibility Act (5

U.S.C. 601–612), and the Unfunded

Mandates Reform Act of 1995 (2 U.S.C.

1501 et seq.). Executive Order 12866

directs agencies to assess all costs and

benefits of available regulatory

alternatives and, when regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety,

and other advantages; distributive

impacts; and equity). The agency

believes that this proposed rule is

consistent with the regulatory

philosophy and principles identified in

Executive Order 12866 and in the other

two statutes. This proposed rule is not

a significant regulatory action as defined

by the Executive order.

Under the Regulatory Flexibility Act,

if a rule has a significant impact on a

substantial number of small entities, an

agency must analyze regulatory options

that would minimize any significant

impact of the rule on small entities. The

agency has considered the effect that

this proposed rule will have on small

entities. Because the proposed rule will

amend only internal agency procedures,

the agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Therefore, under the Regulatory

Flexibility Act, no further analysis is

required.

Section 202(a) of the Unfunded

Mandates Reform Act of 1995 (Public

Law 104–4) requires that agencies

prepare a written statement of

anticipated costs and benefits before

proposing any rule that may result in an

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million in any

one year (adjusted annually for

inflation). FDA is not required to

prepare a statement of the costs and

benefits of this proposed rule because

the proposed rule is not expected to