3382 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA–2000–8460; Notice No. 00–

15]

RIN 2120–AA64

Airworthiness Directives

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The FAA proposes to move

several standard provisions currently

found in every airworthiness directive

into its regulations pertaining to

airworthiness directives. The FAA will

no longer include these provisions in

individual airworthiness directives.

This will shorten individual

airworthiness directives, making them

easier for readers to use.

DATES: Submit your comments by

February 12, 2001.

ADDRESSES: Address your comments to

the Docket Management System, U.S.

Department of Transportation, Room

Plaza 401, 400 Seventh Street, SW.,

Washington, DC 20590–0001. You must

identify the docket number FAA–2000–

8460 at the beginning of your

comments, and you should submit two

copies of your comments. If you wish to

receive confirmation that FAA received

your comments, include a selfaddressed, stamped postcard.

You may also submit comments

through the Internet to http://

dms.dot.gov . You may review the

public docket containing comments to

these proposed regulations in person in

the Dockets Office between 9:00 a.m.

and 5:00 p.m., Monday through Friday,

except Federal holidays. The Dockets

Office is on the plaza level of the

NASSIF Building at the Department of

Transportation at the above address.

Also, you may review public dockets on

the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Donald Byrne, Assistant Chief Counsel,

Regulations Division, AGC–200, Federal

Aviation Administration, 800

Independence Ave. SW., Washington,

DC 20591; telephone: (202) 267–3073.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed action by submitting such

written data, views, or arguments as

they may desire. Comments relating to

the environmental, energy, federalism,

or economic impact that might result

from adopting the proposals in this

document also are invited. Substantive

comments should be accompanied by

cost estimates. Comments must identify

the regulatory docket or notice number

and be submitted in duplicate to the

DOT Rules Docket address specified

above.

All comments received, as well as a

report summarizing each substantive

public contact with FAA personnel

concerning this proposed rulemaking,

will be filed in the docket. The docket

is available for public inspection before

and after the comment closing date.

All comments received on or before

the closing date will be considered by

the Administrator before taking action

on this proposed rulemaking. Comments

filed late will be considered as far as

possible without incurring expense or

delay. The proposals in this document

may be changed in light of the

comments received.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this document

must include a pre-addressed, stamped

postcard with those comments on which

the following statement is made:

‘‘Comments to Docket No. FAA–2000–

8460.’’ The postcard will be date

stamped and mailed to the commenter.

Availability of Rulemaking Documents

You can get an electronic copy using

the Internet by taking the following

steps:

(1) Go to the search function of the

Department of Transportation’s

electronic Docket Management System

(DMS) web page (http://dms.dot.gov/

search).

(2) On the search page type in the last

four digits of the Docket number shown

at the beginning of this notice. Click on

‘‘search.’’

(3) On the next page, which contains

the Docket summary information for the

Docket you selected, click on the

document number of the item you wish

to view.

You can also get an electronic copy

using the Internet through FAA’s web

page at http://www.faa.gov/avr/arm/

nprm/nprm.htm or the Federal

Register’s web page at http://

www.access.gpo.gov/su_docs/aces/

aces140.html.

You can also get a copy by submitting

a request to the Federal Aviation

Administration, Office of Rulemaking,

ARM–1, 800 Independence Avenue

SW., Washington, DC 20591, or by

calling (202) 267–9680. Make sure to

identify the docket number, notice

number, or amendment number of this

rulemaking.

Background

1. Proposed Substantive Changes

The FAA proposes to revise part 39 of

Title 14, Code of Federal Regulations by

adding several provisions currently

found in many airworthiness directives

to part 39 and omitting this language

from most individual airworthiness

directives. Removing this language from

airworthiness directives will place the

focus on the unsafe condition which

created the need for regulatory action. A

number of users have suggested to FAA

that this boilerplate language imposed a

burden on the reader without

contributing to aviation safety. The

standard provisions made it harder for

the reader to focus on the safety aspects

of the airworthiness directive. The FAA

proposes to move the following

provisions currently found in

airworthiness directives to part 39:

1. Airworthiness directives apply

even if products have been modified,

altered, or repaired in the area

addressed by the directive;

2. The FAA may issue a special flight

permit if you can’t move your product

to a repair facility within the time limits

imposed by the airworthiness directive;

and

3. Specify procedures for asking FAA

to approve other methods for complying

with the airworthiness directive.

2. Clearer Regulatory Format

Besides the specific provisions

discussed above, FAA is proposing this

regulation in plain language. Plain

language helps readers find

requirements quickly and understand

them easily. To do that, we have

reorganized and reworded the

regulation using plain language

techniques. Plain language elements in

the proposal include the following:

1. Our section headings are in the

form of questions to help direct the

readers to specific material they need.

2. We have used personal pronouns to

reduce passive voice and draw readers

into the writing.

3. We have used active verbs to make

clear who is responsible for what

actions.

We are interested in your comments

on this format, and on the clarity of the

proposal.

3. Section-by-Section Discussion of the

Proposals

Section 39.1 What is the purpose of

this regulation?

This section would explain that the

purpose of the regulation is to set up

FAA’s system of airworthiness

directives. This would replace similar

material found currently in part 39.

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Proposed Rules 3383

Section 39.3 What are airworthiness

directives?

This section would explain that

airworthiness directives are legally

enforceable rules that apply to aircraft

products. Further, it would define what

products are addressed by airworthiness

directives. This material is all similar to

that in current § 39.1 and 39.3.

Also, this section would state the

conditions under which FAA will issue

an airworthiness directive. This material

is similar to that found in current § 39.1

Section 39.5 Who must comply with

airworthiness directives?

This section would clarify that

anyone operating a product listed in an

airworthiness directive must comply

with the airworthiness directive, and

that each flight you take without

complying is a separate violation. This

material is similar to that in current

§ 39.3.

Section 39.7 What actions do

airworthiness directives require?

This section would identify what

actions airworthiness directives can

require. This material is similar to that

in current § 39.11. As under current part

39, FAA intends to retain broad

authority to require whatever types of

corrective actions we determine to be

most effective in addressing identified

unsafe conditions. This includes

inspections, repairs, modifications,

operating limitations, airworthiness

limitations, and maintenance program

requirements.

Section 39.13 Are airworthiness

directives part of the Code of Federal

Regulations?

This section would specify that

airworthiness directives are

amendments to § 39.13; however they

are not codified in the annual edition of

the Code of Federal Regulations.

Airworthiness Directives are published

in full in the Federal Register.

Also, we no longer need the reference

currently found in § 39.13 to

airworthiness directives that were

formerly in § 507.10. Current § 39.19

transferred these directives to this

section and they are still covered by

§ 39.19.

Section 39.15 Does an airworthiness

directive apply if the product has been

changed?

This section would specify that a

product is covered even if it has been

modified, altered, or repaired in the area

addressed by the airworthiness

directive. Further, it would specify that

if the change prevents you from

complying with the airworthiness

directive, you must ask FAA’s

permission to use another means of

complying, and that your request must

include specific actions you propose.

Although this material is new to part 39,

it currently appears as a note in most

individual airworthiness directives.

Section 39.17 May I address the unsafe

condition in any way other than that set

out in the airworthiness directive?

This section would allow anyone to

propose to FAA an alternative method

of compliance or a change in the time

to comply with an airworthiness

directive, as long as the proposal

provides an acceptable level of safety. It

explains how to ask FAA to approve

your proposed alternative. This material

is new to part 39 but currently appears

in most individual airworthiness

directives.

Section 39.19 Where can I get

information about any other approved

alternative means of compliance that

FAA might have approved?

This section would tell you where

you can get information about

alternative methods of complying with

airworthiness directives that FAA has

already approved for other certificate

holders. This material is new to part 39

but currently appears in most individual

airworthiness directives.

Section 39.21 What if I can’t get my

aircraft to a repair facility within the

limits specified in an airworthiness

directive?

This section would explain that FAA

may issue you a special flight permit,

often referred to as a ‘‘ferry permit,’’

allowing you to fly your aircraft to a

place where you can comply with the

airworthiness directive if you cannot do

so within the time limits in the

airworthiness directive. This material is

new to part 39 but currently appears in

most individual airworthiness

directives.

To ensure aviation safety, this section

also would provide that FAA may add

special requirements for operating a

specific piece of equipment to a repair

facility. Furthermore, FAA may specify

in particular airworthiness directives

that we will not issue special flight

permits for products covered by that

particular directive. The FAA would

take this position when the safety issue

addressed by the airworthiness directive

was so serious that moving an aircraft to

a repair facility would create an

unacceptable safety risk. You should

also note that even for airworthiness

directives for which FAA will generally

issue special flight permits, we may

decline to do so in individual cases

because of the condition of a specific

aircraft.

Section 39.25 What do I do if the

airworthiness directive conflicts with the

Service Bulletin on which it is based?

This section would clarify that in the

case of conflicts between an

airworthiness directive and a service

bulletin, the airworthiness directive

prevails. This material is new to part 39

but currently appears in some

individual airworthiness directives.

Paperwork Reduction Act

The Paperwork Reduction Act of 1995

(44 U.S.C. 3507(d)) requires that the

FAA consider the impact of paperwork

and other information collection

burdens imposed on the public. We

have determined that there are no new

information collection requirements

associated with this proposed rule.

International Compatibility

In keeping with U.S. obligations

under the Convention on International

Civil Aviation, it is FAA policy to

comply with International Civil

Aviation Organization (ICAO) Standards

and Recommended Practices to the

maximum extent practicable. The FAA

determined that there are no ICAO

Standards and Recommended Practices

that correspond to these proposed

regulations.

Executive Order 12866 and DOT

Regulatory Policies and Procedures

Executive Order 12866, Regulatory

Planning and Review, directs the FAA

to assess both the costs and benefits of

a regulatory change. We are not allowed

to propose or adopt a regulation unless

we make a reasoned determination that

the benefits of the intended regulation

justify the costs. Our assessment of this

proposal indicates that it’s economic

impact is minimal. Since its costs and

benefits do not make it a ‘‘significant

regulatory action’’ as defined in the

Order, we have not prepared a

‘‘regulatory impact analysis.’’ Similarly,

we have not prepared a ‘‘regulatory

evaluation,’’ which is the written cost/

benefit analysis ordinarily required for

all rulemaking proposals under the DOT

Regulatory Policies and Procedures. We

do not need to do the latter analysis

where the economic impact of a

proposal is minimal.

Economic Evaluation, Regulatory

Flexibility Determination, International

Trade Impact Assessment, and

Unfunded Mandates Assessment

Proposed changes to Federal

regulations must undergo several

economic analyses. First, Executive

3384 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Proposed Rules

Order 12866 directs that each Federal

agency shall propose or adopt a

regulation only upon a reasoned

determination that the benefits of the

intended regulation justify its costs.

Second, the Regulatory Flexibility Act

of 1980 requires agencies to analyze the

economic impact of regulatory changes

on small entities. Third, the Trade

Agreements Act (19 U.S.C. section

2531–2533) prohibits agencies from

setting standards that create

unnecessary obstacles to the foreign

commerce of the United States. In

developing U.S. standards, this Trade

Act requires agencies to consider

international standards and, where

appropriate, that they be the basis of

U.S. standards. And fourth, the

Unfunded Mandates Reform Act of 1995

requires agencies to prepare a written

assessment of the costs, benefits and

other effects of proposed or final rules

that include a Federal mandate likely to

result in the expenditure by State, local

or tribal governments, in the aggregate,

or by the private sector, of $100 million

or more, in any one year (adjusted for

inflation.)

However, for regulations with an

expected minimal impact the abovespecified analyses are not required. The

Department of Transportation Order

DOT 2100.5 prescribes policies and

procedures for simplification, analysis,

and review of regulations. If it is

determined that the expected impact is

so minimal that the proposal does not

warrant a full Evaluation, a statement to

that effect and the basis for it is

included in proposed regulation. Since

this proposed rule revises part 39 by

moving several provisions currently

found in many airworthiness directives

to part 39, the expected outcome is one

of minimal impact. The FAA requests

comments with supporting justification

regarding the FAA determination of

minimal impact.

Regulatory Flexibility Act

The Regulatory Flexibility Act of l 980

(RFA) establishes ‘‘as a principle of

regulatory issuance that agencies shall

endeavor, consistent with the objective

of the rule and of applicable statutes, to

fit regulatory and informational

requirements to the scale of the

business, organizations, and

governmental jurisdictions subject to

regulation.’’ To achieve that principle,

the Act requires agencies to solicit and

consider flexible regulatory proposals

and to explain the rationale for their

actions. The Act covers a wide-range of

small entities, including small

businesses, not-for-profit organizations

and small governmental jurisdictions.

Agencies must perform a review to

determine whether a proposed or final

rule will have a significant economic

impact on a substantial number of small

entities. If the determination is that it

will, the agency must prepare a

regulatory flexibility analysis as

described in the Act.

However, if an agency determines that

a proposed or final rule is not expected

to have a significant economic impact

on a substantial number of small

entities, section 605(b) of the l 980 act

provides that the head of the agency

may so certify and an regulatory

flexibility analysis is not required. The

certification must include a statement

providing the factual basis for this

determination, and the reasoning should

be clear.

This proposed action simply moves

existing provisions from individual

airworthiness directives into part 39. As

a result, the cost is expected to be

minimal. Consequently, the FAA

certifies that the rule will not have a

significant economic impact on a

substantial number of small entities.

The FAA requests comments with

supporting justification regarding the

FAA small business impact

determination.

Trade Impact Assessment

The Trade Agreement Act of 1979

prohibits Federal agencies from

engaging in any standards or related

activities that create unnecessary

obstacles to the foreign commerce of the

United States. Legitimate domestic

objectives, such as safety, are not

considered unnecessary obstacles. The

statute also requires consideration of

international standards and where

appropriate, that they be the basis for

U.S. standards. In addition, consistent

with the Administration’s belief in the

general superiority and desirability of

free trade, it is the policy of the

Administration to remove or diminish

to the extent feasible, barriers to

international trade, including both

barriers affecting the export of American

goods and services to foreign countries

and barriers affecting the import of

foreign goods and services into the

United States.

In accordance with the above statute

and policy, the FAA has assessed the

potential effect of this final rule to be

minimal and therefore has determined

that this rule will not result in an

impact on international trade by

companies doing business in or with the

United States.

Unfunded Mandates Assessment

The Unfunded Mandates Reform Act

of 1995 (the Act), enacted as Public Law

104–4 on March 22, 1995, is intended,

among other things, to curb the practice

of imposing unfunded Federal mandates

on State, local, and tribal governments.

Title II of the Act requires each Federal

agency to prepare a written statement

assessing the effects of any Federal

mandate in a proposed or final agency

rule that may result in a $100 million or

more expenditure (adjusted annually for

inflation) in any one year by State, local,

and tribal governments, in the aggregate,

or by the private sector; such a mandate

is deemed to be a ‘‘significant regulatory

action.’’ This final rule does not contain

such a mandate. Therefore, the

requirements of Title II of the Unfunded

Mandates Reform Act of 1995 do not

apply.

Executive Order 13132, Federalism

The FAA has analyzed this proposed

rule under the principles and criteria of

Executive Order 13132, Federalism. We

determined that this action 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, we

determined that this notice of proposed

rulemaking would not have federalism

implications.

Plain Language

In response to the June 1, 1998

Presidential memorandum regarding the

use of plain language, the FAA reexamined the writing style currently

used in the development of regulations.

The memorandum requires federal

agencies to communicate clearly with

the public. We are interested in your

comments on whether the style of this

document is clear, and in 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.

Environmental Analysis

FAA Order 1050.1D defines FAA

actions that may be categorically

excluded from preparation of a National

Environmental Policy Act (NEPA)

environmental impact statement. In

accordance with FAA Order 1050.1D,

appendix 4, paragraph 4(j), this

proposed rulemaking action qualifies for

a categorical exclusion.

Energy Impact

The energy impact of the proposed

rule has been assessed in accordance

with the Energy Policy and

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Proposed Rules 3385

Conservation Act (EPCA) Public Law

94–163, as amended (42 U.S.C. 6362)

and FAA Order 1053.1. It has been

determined that the proposed rule is not

a major regulatory action under the

provisions of the EPCA.

List of Subjects in 14 CFR Part 39

Aircraft, Aviation safety, Reporting

and recordkeeping requirements.

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to revise part 39 of Title 14,

Code of Federal Regulations, to read as

follows:

PART 39—AIRWORTHINESS

DIRECTIVES

Sec.

39.1 What is the purpose of this regulation?

39.3 What are airworthiness directives?

39.5 Who must comply with airworthiness

directives?

39.7 What actions do airworthiness

directives require?

39.13 Are airworthiness directives part of

the Code of Federal Regulations?

39.15 Does an airworthiness directive apply

if the product has been changed?

39.17 May I address the unsafe condition in

any way other than that set out in the

airworthiness directive?

39.19 Where can I get information about

any other means of complying approved

by FAA?

39.21 How can I get a special flight permit

to operate my aircraft to a repair facility

to do the work required by an

airworthiness directive?

39.25 What do I do if the airworthiness

directive conflicts with the Service

Bulletin on which it is based?

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.1 What is the purpose of this

regulation?

The regulations in this part set up

FAA’s system of Airworthiness

Directives.

§ 39.3 What are airworthiness directives?

The FAA’s airworthiness directives

are legally enforceable rules that apply

to all aircraft products; that is, aircraft,

engines, propellers, and appliances. We

issue an airworthiness directive

addressing a product when we find that:

(a) An unsafe condition exists in the

product; and

(b) The condition is likely to exist or

develop in other products of the same

type design.

§ 39.5 Who must comply with

airworthiness directives?

Anyone who operates a product

covered by an airworthiness directive

must comply with the airworthiness

directive. If you do not meet the

requirements of an airworthiness

directive, each flight you make is a

separate violation of that airworthiness

directive.

§ 39.7 What actions do airworthiness

directives require?

Airworthiness directives specify

inspections you must carry out,

conditions and limitations you must

comply with, and any actions you must

take to resolve an unsafe condition.

§ 39.13 Are airworthiness directives part of

the Code of Federal Regulations?

Yes, airworthiness directives are part

of the Code of Federal Regulations, but

they are not codified in the annual

edition. The FAA publishes

airworthiness directives in full in the

Federal Register as amendments to

§ 39.13.

§ 39.15 Does an airworthiness directive

apply if the product has been changed?

Yes, an airworthiness directive

applies to each product identified in the

airworthiness directive, so the affected

products aren’t listed in the

airworthiness directive. We may also

just specify a model without listing

individual aircraft, even if an individual

product has been changed by modifying,

altering, or repairing it in the area

addressed by the airworthiness

directive. If that change affects in any

way your ability to accomplish the

actions required by the airworthiness

directive, you must request FAA

approval for another means of

complying. Unless you can show that

the change eliminated the unsafe

condition, your request should include

specific actions you propose to address

the unsafe condition. Submit your

request in the manner described in

§ 39.17.

§ 39.17 May I address the unsafe condition

in a way other than that set out in the

airworthiness directive?

Yes, anyone may propose to FAA

another means of complying or a change

in the compliance time, as long as the

proposal provides an acceptable level of

safety. Send your proposal to the FAA

manager identified in the directive. At

the same time, if you are an operator,

provide a copy to your assigned FAA

Principal or Aviation Safety Inspector.

Include the specific actions you are

proposing to address the unsafe

condition. The Inspector may add

comments and send them to the FAA

Manager. You may use the alternative

you propose only if the Manager

approves it.

§ 39.19 Where can I get information about

any other means of complying approved by

FAA?

The office identified in an

airworthiness directive as responsible

for approving alternative means of

complying can provide information

about the existence of any alternatives

FAA already has approved.

§ 39.21 How can I get a special flight

permit to operate my aircraft to a repair

facility to do the work required by an

airworthiness directive?

Unless the airworthiness directive

states otherwise, FAA may issue you a

special flight permit to fly your aircraft

to a place where you can meet the

airworthiness directive’s requirements.

To ensure aviation safety, the FAA may

add special requirements for operating

your aircraft to a place where the repairs

or modifications can be accomplished.

The FAA may also decline to issue a

special flight permit in particular cases

if we determine you cannot move the

aircraft safely.

§ 39.25 What do I do if the airworthiness

directive conflicts with the Service Bulletin

on which it is based?

In some cases an airworthiness

directive incorporates by reference a

manufacturer’s service bulletin. In these

cases, the service bulletin becomes part

of the airworthiness directive. In some

cases the directions in the service

bulletin may be modified by the

airworthiness directive. If there is a

conflict between the service bulletin

and the airworthiness directive, you

must follow the requirements of the

directive.

Issued in Washington, DC, on November

29, 2000.

Ronald T. Wojnar,

Acting Director, Aircraft Certification Service.

[FR Doc. 01–420 Filed 1–11–01; 8:45 am]

BILLING CODE 4910–13–P