F4700I90T4Federal RegisterT1 / Vol. 68 , No. 125 / Monday, June 30, 2003 / Rules and Regulations I01Vol. 68 , No. 125 I02Monday, June 30, 2003 S4700 ¨38583­I50DEPARTMENT OF TRANSPORTATION I52Federal Aviation Administration I5214 CFR Part 39 I41[Docket No. 2003ÿ09NMÿ09101ÿ09AD; Amendment 39ÿ0913209; AD 2003ÿ0913ÿ0909] I91RIN 2120ÿ09AA64 I55Airworthiness Directives; Boeing Model 747 Series Airplanes I10T2AGENCY: T1Federal Aviation Administration, DOT. Q02I10T2ACTION: T1Final rule; request for comments.I59 I10T2SUMMARY: T1This amendment adopts a new airworthiness directive (AD) that is applicable to certain Boeing Model 747 series airplanes. This action requires repetitive inspections for cracking of the upper skin of the outboard and center sections of the horizontal stabilizer and the rear spar structure, hinge fittings, terminal fittings, and splice plates; and repair if necessary. This action is necessary to find and fix such cracking, which could lead to reduced structural capability of the outboard and center sections of the horizontal stabilizer, and result in loss of controllability of the airplane. This action is intended to address the identified unsafe condition. Q02I10T2DATES: T1Effective July 15, 2003. I11The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 15, 2003. I11Comments for inclusion in the Rules Docket must be received on or before August 29, 2003. Q02I10T2ADDRESSES: T1Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANMÿ09114, Attention: Rules Docket No. 2003ÿ09NMÿ09101ÿ09AD, 1601 Lind Avenue, SW., Renton, Washington 98055ÿ094056. 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) 227ÿ091232. Comments may also be sent via the Internet using the following address: T39-anm-iarcomment@faa.gov.T1 Comments sent via fax or the Internet must contain ``Docket No. 2003ÿ09NMÿ09101ÿ09AD'' 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 or 2000 or ASCII text. I11The service information referenced in this AD may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124ÿ092207. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Q02I10T2FOR FURTHER INFORMATION CONTACT: T1Tamara Anderson, Aerospace Engineer, Airframe Branch, ANMÿ09120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055ÿ094056; telephone (425) 917ÿ096421; fax (425) 917ÿ096590. Q02I10T2SUPPLEMENTARY INFORMATION: I85Related AD I11This AD is related to AD 2002ÿ0906ÿ0902, amendment 39ÿ0912678 (67 FR 12464, March 19, 2002). Boeing Alert Service Bulletin 747ÿ0955A2050, dated February 28, 2002, was referenced in that AD as the applicable source of service information for accomplishment of the required actions. That AD is applicable to all Boeing Model 747 series airplanes and requires repetitive inspections for cracking of the upper skin of the horizontal stabilizer center section and the rear spar upper chord, and repair if necessary. That AD was prompted by a report that a 3.5-inch crack was found in the upper skin of the horizontal stabilizer center section on a Boeing Model 747SR series airplane. The actions specified by that AD are intended to find and fix cracking of the upper skin of the horizontal stabilizer center section and the rear spar upper chord, which could lead to reduced structural capability of the horizontal stabilizer center section, and result in loss of controllability of the airplane. I85Since the Issuance of That AD I11The FAA has received 22 reports from two operators of cracking found on six Model 747 series airplanes with between 20,800 and 37,000 total flight cycles, and between 41,700 and 115,700 total flight hours. Of the 22 reports of cracking received, the cracking specified in 20 of the reports was in an area not covered by the Zone A inspections required by AD 2002ÿ0906ÿ0902. One operator reported finding two fractured and three cracked Maraging steel fasteners on an airplane with approximately 18,700 total flight cycles and 87,300 total flight hours. Such cracking, if not fixed, could lead to reduced structural capability of the outboard and center sections of the horizontal stabilizer, which could result in loss of controllability of the airplane. I85Explanation of Relevant Service Information I11We have reviewed and approved Boeing Alert Service Bulletin 747ÿ0955A2050, Revision 1, dated May 1, 2003, which describes procedures for repetitive inspections for cracking of the upper skin of the outboard and center sections of the horizontal stabilizer and the rear spar structure, hinge fittings, terminal fittings, and splice plates; and repair if necessary. The areas and inspection types are as follows: I11[sbull] Zone A Inspections (inspections required by AD 2002ÿ0906ÿ0902): Part 1_Detailed inspections for cracking in the upper skin of the center section and rear spar upper chord. Part 2_High frequency eddy current (HFEC) inspections for cracking of the upper skin of the center section and rear spar upper chord. If no cracking is found, the service bulletin specifies either repeating the detailed inspection or the doing the Zone A_Part 2 inspection. If cracking is found, the service bulletin specifies doing the Zone B_Part 4 inspection and repairing any cracking. Following that inspection and repair, the service bulletin specifies either repeating the Zone A_Part 1 detailed inspection or doing the Zone A_Part 2 HFEC inspection. I11[sbull] Zone B Inspections (inspections required by this AD): I11Part 3_Nondestructive test (NDT) inspections for Groups 1, 2, and 3 airplanes: Includes an ultrasonic inspection for cracking of the outboard and center sections, rear spar upper ¨38584­chords under the hinge fitting halves, upper skins under the splice plates, and the rear spar webs behind the terminal fittings; a HFEC inspection for cracking in the terminal fittings around the fasteners; a low frequency eddy current inspection for cracking in the splice plates around the fasteners; a surface HFEC inspection for cracking in the rear spar upper chords in the radius area above the terminal fittings and the lower surface of the horizontal flange; and a HFEC inspection for cracking in the rear spar webs in the exposed area above the terminal fittings. I11Part 4_Alternate open hole NDT inspection for Groups 1, 2, and 3 airplanes; recommended for Groups 4, 5, and 6 airplanes: Includes an open hole HFEC inspection for cracking of the splice plates, terminal fittings, hinge fitting halves, rear spar upper chords, rear spar webs, and upper skins; and a magnetic particle inspection or fluorescent penetrant inspection of the bolts for damage, if applicable. If no cracking or no damaged hole is found, the service bulletin specifies either repeating the Part 3 NDT inspections or doing the Part 4 open hole NDT inspection, as applicable. If cracking or a damaged hole is found, the service bulletin specifies repairing the cracking and the damaged hole and repeating the Part 3 NDT inspections or doing the Part 4 open hole NDT inspection, as applicable. I11Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. I85Explanation of the Requirements of the Rule I11Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design, this AD is being issued to find and fix cracking of the upper skin of the outboard and center sections of the horizontal stabilizer and the rear spar structure, hinge fittings, terminal fittings, and splice plates. Such cracking could lead to reduced structural capability of the outboard and center sections of the horizontal stabilizer, and result in loss of controllability of the airplane. This AD requires accomplishment of the Zone B inspections for Groups 1, 2, and 3 airplanes as specified in Parts 3 and 4 of the service bulletin described previously, except as discussed in the ``Differences'' section below. I11This AD does not supersede AD 2002ÿ0906ÿ0902; therefore, accomplishment of that AD is still required. Please note that as stated in the approval section of Boeing Alert Service Bulletin 747ÿ0955A2050, Revision 1, dated May 1, 2003, that bulletin has been approved as an alternative method of compliance to certain portions of AD 2002ÿ0906ÿ0902. I85Interim Action I11At this time the FAA is considering a separate rulemaking action to supersede this AD to address the procedures for repetitive inspections of Zone C to find additional cracking, and repair of any cracking found, as described in the service bulletin. That action would also mandate repetitive inspections of Zone B for Groups 4, 5, and 6 airplanes. Due to the urgency of the need to inspect the fleet and repair any cracking found, this AD will address only the sections in the service bulletin that pertain to inspections and repair of Zone B for Groups 1, 2, and 3 airplanes. I11In addition to superseding this AD, that rulemaking action would also supersede AD 2002ÿ0906ÿ0902 to mandate long-term inspections of all affected zones specified in the referenced service bulletin for all 747 series airplanes. However, the planned compliance time for these actions is sufficiently long so that prior notice and time for public comment will be practicable. I85Differences Between This AD and the Service Bulletin I11The effectivity listing of the service bulletin identifies all Model 747 series airplanes, line number 1 and on, divided into 6 groups, as being subject to the actions described therein. However, only Model 747 series airplanes having line numbers 1 through 695 inclusive (Groups 1, 2, and 3 airplanes) are included in the applicability of this AD, as the required actions apply only to the Zone B inspections for those airplanes. I11The service bulletin recommends accomplishing the initial Zone B inspections for Groups 1, 2, and 3 airplanes within 90 days (after the issue date of the service bulletin) for airplanes with 27,000 or more flight cycles or 117,000 or more flight hours. We have determined, however, that limiting the inspections to airplanes with 27,000 or more flight cycles or 117,000 or more flight hours would not address all affected airplanes, in light of the fact that the unsafe condition is likely to exist or develop on other Model 747 series airplanes. In developing an appropriate compliance time for all airplanes that are affected by this AD, the FAA considered not only the manufacturer's recommendation, but the degree of urgency associated with addressing the subject unsafe condition, the average utilization of the affected fleet, and the time necessary to perform the required inspections. In light of all of these factors, we find that a compliance time of the later of the following times is warranted for initiating the required inspections: (1) Before the accumulation of 27,000 total flight cycles or 117,000 total flight hours, whichever is first; and (2) within 90 days after the effective date of this AD. We find that this compliance time represents an appropriate interval of time allowable for affected airplanes to continue to operate without compromising safety. I11The service bulletin specifies that the manufacturer may be contacted for disposition of certain repair conditions; however, this AD requires the repair of those conditions to be accomplished per a method approved by the FAA, or per data meeting the type certification basis of the airplane approved by a Boeing Company Designated Engineering Representative who has been authorized by the Manager, Seattle Aircraft Certification Office, to make such findings. I85Changes to 14 CFR part 39/Effect on the AD I11On July 10, 2002, the FAA issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's airworthiness directives system. The regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. Because we have now included this material in part 39, we no longer need to include it in each individual AD; however, this AD identifies the office authorized to approve alternative methods of compliance. I85Determination of Rule's Effective Date I11Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. I85Comments Invited I11Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this 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 under the caption T2ADDRESSES.T1 All communications received on or before ¨38585­the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. I11Submit comments using the following format: I11[sbull] 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. I11[sbull] For each issue, state what specific change to the AD is being requested. I11[sbull] Include justification (T3e.g.T1, reasons or data) for each request. I11Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. I11Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 2003ÿ09NMÿ09101ÿ09AD.'' The postcard will be date stamped and returned to the commenter. I85Regulatory Impact I11The regulations adopted herein 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, it is determined that this final rule does not have federalism implications under Executive Order 13132. I11The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it 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. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption T2ADDRESSEST1. I84List of Subjects in 14 CFR Part 39 I11Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. I85Adoption of the Amendment Q02I460I47Accordingly, pursuant to 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: I52PART 39_AIRWORTHINESS DIRECTIVES Q02I460I471. The authority citation for part 39 continues to read as follows: Q04I21T4Authority: T149 U.S.C. 106(g), 40113, 44701. I80ÿ1A 39.13 I89[Amended] I460I472. Section 39.13 is amended by adding the following new airworthiness directive: Q04 I26T42003ÿ0913ÿ0909 Boeing:T1 Amendment 39ÿ0913209. Docket 2003ÿ09NMÿ09101ÿ09AD. Q02 I21T3Applicability:T1 Model 747 series airplanes, line numbers 1 through 695 inclusive; certificated in any category. I21T3Compliance:T1 Required as indicated, unless accomplished previously. I21To find and fix cracking of the upper skin of the outboard and center sections of the horizontal stabilizer and the rear spar structure, hinge fittings, terminal fittings, and splice plates, which could lead to reduced structural capability of the outboard and center sections of the horizontal stabilizer, and result in loss of controllability of the airplane; accomplish the following: I75Repetitive Inspections I21(a) At the time specified in paragraph (b) of this AD, do the Zone B inspections for Groups 1, 2, and 3 airplanes, as required by either paragraph (a)(1) or (a)(2) of this AD, per the Work Instructions of Boeing Alert Service Bulletin 747ÿ0955A2050, Revision 1, dated May 1, 2003. Repeat the applicable inspection at the applicable time specified in Sheet 2 of Figure 1 of the service bulletin. I21(1) Do nondestructive test (NDT) inspections for cracking of the upper skin of the outboard and center sections of the horizontal stabilizer and the rear spar structure, hinge fittings, terminal fittings, and splice plates, per Part 3 of the service bulletin. The inspections include an ultrasonic inspection of the outboard and center sections, rear spar upper chords under the hinge fitting halves, upper skins under the splice plates, and the rear spar webs behind the terminal fittings; a high frequency eddy current (HFEC) inspection of the terminal fitting around the fasteners; a low frequency eddy current inspection of the splice plates around the fasteners; a surface HFEC inspection of the rear spar upper chords in the radius area above the terminal fitting and the lower surface of the horizontal flange; and an HFEC inspection of the rear spar webs in the exposed area above the terminal fitting. I21(2) In lieu of the inspections required by paragraph (a)(1) of this AD: Do an alternate open hole HFEC inspection for cracking of the splice plates, terminal fittings, hinge fitting halves, rear spar upper chords, rear spar webs, and upper skins; and a magnetic particle inspection or fluorescent penetrant inspection for fracture or cracking of the bolts, if applicable; per Part 4 of the service bulletin. I21(b) Do the inspections required by paragraph (a) of this AD at the later of the times specified in paragraphs (b)(1) and (b)(2) of this AD. I21(1) Before the accumulation of 27,000 total flight cycles or 117,000 total flight hours, whichever is first. I21(2) Within 90 days after the effective date of this AD. I75Repair I21(c) If any discrepancy (cracking or damage) is found during any inspection per paragraph (a) of this AD: Before further flight, repair per the Work Instructions of Boeing Alert Service Bulletin 747ÿ0955A2050, Revision 1, dated May 1, 2003. Where the service bulletin specifies contacting the manufacturer for a repair method: Before further flight, repair per a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA; or per data meeting the type certification basis of the airplane approved by a Boeing Company Designated Engineering Representative who has been authorized by the Manager, Seattle ACO, to make such findings. For a repair method to be approved by the Manager, Seattle ACO, as required by this paragraph, the Manager's approval letter must specifically reference this AD. I75Alternative Methods of Compliance I21(d)(1) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, is authorized to approve alternative methods of compliance (AMOC) for this AD. I21(2) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by a Boeing Company Designated Engineering Representative who has been authorized by the Manager, Seattle ACO, to make such findings. I75Incorporation by Reference I21(e) Unless otherwise specified in this AD, the actions shall be done in accordance with Boeing Alert Service Bulletin 747ÿ0955A2050, Revision 1, dated May 1, 2003. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124ÿ092207. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. ¨38586­I75Effective Date I21(f) This amendment becomes effective on July 15, 2003. Q04 I21Issued in Renton, Washington, on June 18, 2003. I06Kalene Yanamura, I04Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. I40[FR Doc. 03ÿ0915855 Filed 6ÿ0927ÿ0903; 8:45 am] I68BILLING CODE 4910ÿ0913ÿ09P I69I50DEPARTMENT OF TRANSPORTATION I52Federal Aviation Administration I5214 CFR Part 39 I41[Docket No. 2003ÿ09CEÿ0925ÿ09AD; Amendment 39ÿ0913208; AD 2003ÿ0913ÿ0908] I91RIN 2120ÿ09AA64 I55Airworthiness Directives; Goodrich Avionics Systems, Inc. TAWS8000 Terrain Awareness Warning System I10T2AGENCY: T1Federal Aviation Administration, DOT. Q02I10T2ACTION: T1Final rule; request for comments.I59 I10T2SUMMARY: T1This amendment adopts a new airworthiness directive (AD) that applies to all Goodrich Avionics Systems, Inc. (Goodrich) TAWS8000 terrain awareness warning systems (TAWS) that are installed on airplanes. This AD requires you to inspect the TAWS installation and remove any TAWS where both the TAWS and any other device are connected to the same baro set potentiometer. This AD also prohibits future installation of any TAWS8000 TAWS that incorporates hardware ``Mod None'', ``Mod A'', or ``Mod B''. This AD is the result of a test that showed that TAWS8000 TAWS cause altitude errors in other instruments. The actions specified by this AD are intended to prevent the loading of the baro set potentiometer, which could result in an unacceptable attitude error. Such a condition could cause the pilot to make flight decisions that put the airplane in unsafe flight conditions. Q02I10T2DATES: T1This AD becomes effective on July 21, 2003. I11The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation as of July 21, 2003. I11The Federal Aviation Administration (FAA) must receive any comments on this rule on or before August 29, 2003. Q02I10T2ADDRESSES: T1Submit comments to FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2003ÿ09CEÿ0925ÿ09AD, 901 Locust, Room 506, Kansas City, Missouri 64106. You may view any comments at this location between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. You may also send comments electronically to the following address: T39-ACE-7-Docket@faa.gov.T1 Comments sent electronically must contain ``Docket No. 2003ÿ09CEÿ0925ÿ09AD'' in the subject line. If you send comments electronically as attached electronic files, the files must be formatted in Microsoft Word 97 for Windows or ASCII text. I11You may get the service information referenced in this AD from Goodrich Avionics Systems, Inc., 5353 52nd Street, SE., Grand Rapids, Michigan 49512ÿ099704; telephone: (616) 949ÿ096600; facsimile: (616) 977ÿ096898. You may view this information at FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2003ÿ09CEÿ0925ÿ09AD, 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. Q02I10T2FOR FURTHER INFORMATION CONTACT: T1Brenda S. Ocker, Aerospace Engineer, FAA, Chicago Aircraft Certification Office, 2300 East Devon Avenue, Des Plaines, Illinois 60018; telephone: (847) 294ÿ097126; facsimile: (847) 294ÿ097834. Q02I10T2SUPPLEMENTARY INFORMATION: I85Discussion I11T3What events have caused this AD?T1 The manufacturer has reported that the TAWS8000 TAWS causes altitude errors in other instruments when both the TAWS and any other device are connected to the same baro set potentiometer. The unsafe condition was discovered during the installation of a TAWS8000 TAWS in a Cessna 500 series airplane. The TAWS8000 TAWS was connected to the baro set potentiometer output of a Honeywell (Sperry) BAÿ09141 altimeter that was also connected to a Honeywell AZÿ09241 Air Data Computer. The altimeter showed that the aircraft was 60 feet higher than the actual altitude. This unsafe condition was confirmed with the laboratory test of a TAWS8000 TAWS installation. I11T3What are the consequences if the condition is not corrected?T1 This condition, if not corrected, could cause the pilot to make flight decisions that put the airplane in unsafe flight conditions. I11T3Is there service information that applies to this subject?T1 Goodrich has issued Service Memo SM #134, dated May 2, 2003. I11T3What are the provisions of this service information?T1 The service memo specifies the following information: I11[sbull] The TAWS8000 should not be connected to a baro set potentiometer if that potentiometer is also connected to any other device; and I11[sbull] In existing installations where both the TAWS and any other device are connected to the same baro set potentiometer, the TAWS8000 should be removed from the aircraft. I85The FAA's Determination and an Explanation of the Provisions of This AD I11T3What has FAA decided?T1 The FAA has reviewed all available information, including the service information referenced above; and determined that: I11[sbull] The unsafe condition referenced in this document exists or could develop on type design airplanes equipped with a Goodrich TAWS8000 TAWS that incorporates hardware ``Mod None'', ``Mod A'', or ``Mod B''; I11[sbull] Any airplane with one of these TAWS8000 TAWS units should have the actions specified in the above service memo incorporated; and I11[sbull] AD action should be taken in order to correct this unsafe condition. I11T3What does this AD require?T1 This AD: I11[sbull] Requires inspection of the TAWS8000 TAWS to determine if both the TAWS8000 TAWS and any other device are connected to the same baro set potentiometer; I11[sbull] Requires removal of any TAWS8000 TAWS with such an installation configuration, which includes capping and stowing the connecting wires; and I11[sbull] Prohibits the future installation of any TAWS8000 TAWS that incorporates hardware ``Mod None'', ``Mod A'', or ``Mod B'. I11In preparation of this rule, we contacted type clubs and aircraft operators to obtain technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we would have included, in the rulemaking docket, a discussion of any information that may have influenced this action. I11T3How does the revision to 14 CFR part 39 affect this AD?T1 On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to special flight permits, alternative methods of compliance, and altered products. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions. I11T3Will I have the opportunity to comment prior to the issuance of the rule?T1 Because the unsafe condition ¨38587­described in this document could result in the pilot making flight decisions that put the airplane in unsafe flight conditions, we find that notice and opportunity for public prior comment are impracticable. Therefore, good cause exists for making this amendment effective in less than 30 days. I85Comments Invited I11T3How do I comment on this AD?T1 Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, FAA invites 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 to the address specified under the caption T2ADDRESSEST1. 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. I11T3Are there any specific portions of the AD I should pay attention to?T1 We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. You may view 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. I11T3How can I be sure FAA receives my comment?T1 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. 2003ÿ09CEÿ0925ÿ09AD.'' We will date stamp and mail the postcard back to you. I85Regulatory Impact I11T3Does this AD impact various entities?T1 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. I11T3Does this AD involve a significant rule or regulatory action?T1 We have 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. I84List of Subjects in 14 CFR Part 39 I11Air transportation, Aircraft, Aviation safety, Incorporation by Reference, Safety. I85Adoption of the Amendment Q02I460I47Accordingly, 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: I52PART 39_AIRWORTHINESS DIRECTIVES Q02I460I471. The authority citation for part 39 continues to read as follows: Q02 Q04I21T4Authority: T149 U.S.C. 106(g), 40113, 44701. I80ÿ1A 39.13I89[Amended] Q02I460I472. FAA amends ÿ1A 39.13 by adding a new airworthiness directive (AD) to read as follows: Q04 I26T42003ÿ0913ÿ0908 Goodrich Avionics Systems, Inc.:T1 Amendment 39ÿ0913208; Docket No. 2003ÿ09CEÿ0925ÿ09AD. I21(a) T3What airplanes are affected by this AD?T1 Any Goodrich TAWS8000 terrain awareness warning system (TAWS), part number (P/N) 805ÿ0918000ÿ09001, that incorporates hardware ``Mod None'', ``Mod A'', or ``Mod B'', that is installed in, but not limited to, the following airplanes that are certificated in any category. Airplanes that are not in this list and have the TAWS installed through field approval or other methods are still affected by this AD: c2,L2,tp0,i1,s100,r200 I95 h1Company h1Models j I01Cessna Aircraft Company D421, 500, 501, 525, 525A, 550, 551, 650, and S550. I01DASSAULT AVIATION DMystere-Falcon 20 series. I01Gulfstream Aerospace LP D1125 Westwind Astra. I01Raytheon Aircraft Company D100, 200, 300, 400A, and F90. I01Sabreliner Corporation DNAÿ09265. I01The New Piper Aircraft Inc DPAÿ0942ÿ091000. e I21(b) T3Who must comply with this AD?T1 Anyone who wishes to operate any airplane with one of the above referenced Goodrich TAWS installed must comply with this AD. I21(c) T3What problem does this AD address?T1 The actions specified by this AD are intended to prevent the loading of the baro set potentiometer, which could result in an unacceptable attitude error. Such a condition could cause the pilot to make flight decisions that put the airplane in unsafe flight conditions. I21(d) T3What must I do to address this problem?T1 To address this problem, you must accomplish the following actions: c3,L2,tp0,i1,s100,r100,r100 I95 h1Actions h1Compliance h1Procedures j I01(1) Inspect the TAWS8000 TAWS (part number 805ÿ0918000ÿ09001 that incorporates hardware ``Mod None'', ``Mod A'', or ``Mod B'') installation to determine if both the TAWS8000 TAWS and any other device are connected to the same baro set potentiometerDWithin the next 5 hours time-in-service (TIS) after July 21, 2003 (the effective date of this AD), unless already accomplishedDIn accordance with Goodrich Avionics Systems, Inc. Service Memo SM #134, dated May 2, 2003, and the applicable installation manual. ¨38588­I01(2) If both the TAWS8000 TAWS and any other device are connected to the same baro set potentiometer, then remove the TAWS8000 TAWS and cap and stow the connecting wiresDBefore further flight after the inspection required in paragraph (d)(1) of this ADDIn accordance with Goodrich Avionics Systems, Inc. Service Memo SM #134, dated May 2, 2003, and the applicable installation manual. I01(3) Do not install any TAWS8000 TAWS (part number 805ÿ0918000ÿ09001 that incorporates hardware ``Mod None'', ``Mod A'', or ``Mod B'')DAs of July 21, 2003 (the effective date of this AD) DNot Applicable. e I21(e) T3Can I comply with this AD in any other way?T1 To use an alternative method of compliance or adjust the compliance time, follow the procedures in 14 CFR 39.19. Send these requests to the Manager, Chicago Aircraft Certification Office (ACO). For information on any already approved alternative methods of compliance, contact Brenda S. Ocker, Aerospace Engineer, FAA, Chicago ACO, 2300 East Devon Avenue, Des Plaines, Illinois 60018; telephone: (847) 294ÿ097126; facsimile: (847) 294ÿ097834. I21(f) T3Are any service bulletins incorporated into this AD by reference?T1 Actions required by this AD must be done in accordance with Goodrich Avionics Systems, Inc. Service Memo SM #134, dated May 2, 2003. The Director of the Federal Register approved this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get copies from Goodrich Avionics Systems, Inc., 5353 52nd Street, SE, Grand Rapids, Michigan 49512ÿ099704; telephone: (616) 949ÿ096600; facsimile: (616) 977ÿ096898. You may view this information 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. I21(g) T3When does this amendment become effective?T1 This amendment becomes effective on July 21, 2003. Q04 I21Issued in Kansas City, Missouri, on June 18, 2003. I06Michael K. Dahl, I04Acting Manager, Small Airplane Directorate, Aircraft Certification Service. I40[FR Doc. 03ÿ0915854 Filed 6ÿ0927ÿ0903; 8:45 am] I68BILLING CODE 4910ÿ0913ÿ09P I69I50DEPARTMENT OF TRANSPORTATION I52Federal Aviation Administration I5214 CFR Part 39 I41[Docket No. 2003ÿ09CEÿ0915ÿ09AD; Amendment 39ÿ0913207; AD 2003ÿ0913ÿ0907] I91RIN 2120ÿ09AA64 I55Airworthiness Directives; Short Brothers and Harland Ltd. Models SCÿ097 Series 2 and SCÿ097 Series 3 Airplanes I10T2AGENCY: T1Federal Aviation Administration, DOT. Q02I10T2ACTION: T1Final rule.I59 I10T2SUMMARY: T1This amendment adopts a new airworthiness directive (AD) that applies to all Short Brothers and Harland Ltd. (Shorts) Models SCÿ097 Series 2 and SCÿ097 Series 3 airplanes. This AD requires you to repetitively inspect all flight control system rods for corrosion and cracks, replace any cracked rod, and repair corrosion damage or replace any corroded rod depending on the extent of the damage. This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for the United Kingdom. The actions specified by this AD are intended to prevent failure of any flight control system rod caused by cracks or corrosion. Such failure could lead to complete failure of the flight control system with consequent loss of control of the airplane. Q02I10T2DATES: T1This AD becomes effective on August 11, 2003. I11The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of August 11, 2003. Q02I10T2ADDRESSES: T1You may get the service information referenced in this AD from Short Brothers PLC, P.O. Box 241, Airport Road, Belfast BT3 9DZ Northern Ireland; telephone: +44 (0) 28 9045 8444; facsimile: +44 (0) 28 9073 3396. You may view this information at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2003ÿ09CEÿ0915ÿ09AD, 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. Q02I10T2FOR FURTHER INFORMATION CONTACT: T1Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329ÿ094059; facsimile: (816) 329ÿ094090. Q02I10T2SUPPLEMENTARY INFORMATION: I85Discussion I11T3What events have caused this AD?T1 The Civil Airworthiness Authority (CAA), which is the airworthiness authority for the United Kingdom, recently notified FAA that an unsafe condition may exist on all Models SCÿ097 Series 2 and SCÿ097 Series 3 airplanes. The CAA reports 27 flight control rods with corrosion beyond acceptable limits and 15 rods with cracks. This is on a total of 26 different aircraft. I11T3What is the potential impact if FAA took no action?T1 Cracked or corroded flight control rods, if not detected or corrected, could lead to complete failure of the flight control system with consequent loss of control of the airplane. I11T3Has FAA taken any action to this point?T1 We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Shorts Models SCÿ097 Series 2 and SCÿ097 Series 3 airplanes. This proposal was published in the T4Federal RegisterT1 as a notice of proposed rulemaking (NPRM) on April 10, 2003 (68 FR 17563). The NPRM proposed to require you to repetitively inspect all flight control system rods for corrosion and cracks, replace any cracked rod, and repair corrosion damage or replace any corroded rod depending on the extent of the damage. I11The NPRM also proposed to give initial inspection credit to those operators who had previously inspected the flight control rods in accordance with Shorts Service Bulletin 27ÿ0974 (any revision level). I11T3Was the public invited to comment?T1 The FAA encouraged interested persons to participate in the making of this amendment. We did not receive any comments on the proposed rule or on our determination of the cost to the public. I85FAA's Determination I11T3What is FAA's final determination on this issue?T1 After careful review of all available information related to the subject presented above, we have determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. We have determined that these minor corrections: I11[sbull] Provide the intent that was proposed in the NPRM for correcting the unsafe condition; and ¨38589­I11[sbull] do not add any additional burden upon the public than was already proposed in the NPRM. I11T3How does the revision to 14 CFR part 39 affect this AD?T1 On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to special flight permits, alternative methods of compliance, and altered products. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions. I85Cost Impact I11T3How many airplanes does this AD impact?T1 We estimate that this AD affects 24 airplanes in the U.S. registry. I11T3What is the cost impact of this AD on owners/operators of the affected airplanes?T1 We estimate the following costs to accomplish the initial inspection: c4,L2,tp0,i1,xs100,xl100,xl100,xl100 I95 h1Labor cost h1Parts cost h1Total cost per airplane h1Total cost on U.S. operators j I01250 hours x $60 per hour = $15,000 DNo parts necessary to accomplish inspection.D$15,000 per airplane. D$15,000 x 24 airplanes = $360,000. e I11The follow-up inspections will be substantially less than the initial inspection because the flight control rods only have to be removed in the initial inspection. Replacement control rods cost $2,000. We have no way of determining the number of airplanes that may need such repair/replacement. I85Compliance Time of This AD I11T3What will be the compliance time of this AD?T1 The initial inspection compliance time of this AD is ``within the next 3 months after the effective date of this AD or within 24 months after the last inspection accomplished in accordance with Shorts Service Bulletin 27ÿ0974 (any revision level), whichever occurs later.'' The repetitive inspection compliance time of this AD is ``thereafter at intervals not to exceed 24 months.'' I11T3Why is the compliance time presented in calendar time instead of hours time-in-service (TIS)?T1 The unsafe condition specified by this AD is caused by corrosion. Corrosion can occur regardless of whether the aircraft is in operation or is in storage. Therefore, to ensure that the unsafe condition specified in this AD does not go undetected for a long period of time, the compliance is presented in calendar time instead of hours TIS. I85Regulatory Impact I11T3Does this AD impact various entities?T1 The regulations adopted herein 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, it is determined that this final rule does not have federalism implications under Executive Order 13132. I11T3Does this AD involve a significant rule or regulatory action?T1 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) 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 final 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 T2ADDRESSEST1. I84List of Subjects in 14 CFR Part 39 I11Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. I85Adoption of the Amendment Q02I460I47Accordingly, 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: I52PART 39_AIRWORTHINESS DIRECTIVES Q02I460I471. The authority citation for part 39 continues to read as follows: Q04I21T4Authority: T149 U.S.C. 106(g), 40113, 44701. I80ÿ1A 39.13 I89[Amended] Q04 Q02I460I472. FAA amends ÿ1A 39.13 by adding a new AD to read as follows:Q04 I26T42003ÿ0913ÿ0907 Short Brothers and Harland Ltd.:T1 Amendment 39ÿ0913207; Docket No. 2003ÿ09CEÿ0915ÿ09AD.Q02 I21(a) T3What airplanes are affected by this AD?T1 This AD affects Models SCÿ097 Series 2 and SCÿ097 Series 3 airplanes, all serial numbers, that are certificated in any category. I21(b) T3Who must comply with this AD?T1 Anyone who wishes to operate any of the airplanes identified in paragraph (a) of this AD must comply with this AD. I21(c) T3What problem does this AD address?T1 The actions specified by this AD are intended to prevent failure of any flight control system rod caused by cracks or corrosion. Such failure could lead to complete failure of the flight control system with consequent loss of control of the airplane. I21(d) What actions must I accomplish to address this problem? To address this problem, you must accomplish the following: c3,L2,tp0,i1,s100,xl100,xl100 I95 h1Actions h1Compliance h1Procedures j I01(1) Inspect all flight control system rods for cracks and corrosion damageDInitially inspect within the next 3 months after August 11, 2003 (the effective date of this AD or within 24 months after the last inspection accomplished in accordance with Shorts Service Bulletin 27ÿ0974 (any revision level), whichever occurs later, unless already accomplished. Repetitively inspect thereafter at intervals not to exceed 24 months.DIn accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Shorts Service Bulletin Number 27ÿ0977, Original Issue 27/FEB/03. ¨38590­I01(2) If corrosion is found during any inspection that does not exceed the limits specified in Shorts Service Bulletin 27ÿ0977, repair the corrosion damage on the affected flight control rodDPrior to further flight after the inspection where the damage is found.DIn accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Shorts Service Bulletin Number 27ÿ0977, Original Issue 27/FEB/03. I01(3) If any crack is found or if corrosion damage that exceeds the limits specified in Shorts Service Bulletin 27ÿ0977 is found during any inspection required by this AD, replace the affected flight control rodDPrior to further flight after the inspection where the damage or cracks are found.DIn accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Shorts Service Bulletin Number 27ÿ0977, Original Issue 27/FEB/03. I01(4) Do not install any used flight control rod on any affected airplane unless it has been inspected and found to be corrosion and crack free as specified in this AD. Then repetitively inspect as required in paragraph (d)(1) of this ADDAs of August 11, 2003 (the effective date of this AD).DIn accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Shorts Service Bulletin Number 27ÿ0977, Original Issue 27/FEB/03. e I21(e) T3Can I comply with this AD in any other way?T1 To use an alternative method of compliance or adjust the compliance time, use the procedures in 14 CFR 39.19. Send these requests to the Manager, Standards Office, Small Airplane Directorate. For information on any already approved alternative methods of compliance, contact Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329ÿ094059; facsimile: (816) 329ÿ094090. I21(f) T3Are any service bulletins incorporated into this AD by reference?T1 Actions required by this AD must be done in accordance with Shorts Service Bulletin Number 27ÿ0977, Original Issue February 27, 2003. 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 from Short Brothers PLC, P.O. Box 241, Airport Road, Belfast BT3 9DZ Northern Ireland; telephone: +44 (0) 28 9045 8444; facsimile: +44 (0) 28 9073 3396. You may view copies at the 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. Q02I21T4Note: T1The United Kingdom Civil Airworthiness Authority (CAA) classified Shorts Service Bulletin Number 27ÿ0977, Original Issue 27/FEB/03, as mandatory. The CAA classifying a service bulletin as mandatory is the equivalent for airplanes on the British registry as an AD is for airplanes on the U.S. registry.Q02 I21(g) T3When does this amendment become effective?T1 This amendment becomes effective on August 11, 2003. Q04 Q04 I21Issued in Kansas City, Missouri, on June 16, 2003. I06Michael Gallagher, I04Manager, Small Airplane Directorate, Aircraft Certification Service. I40[FR Doc. 03ÿ0915853 Filed 6ÿ0927ÿ0903; 8:45 am] I68BILLING CODE 4910ÿ0913ÿ09P I69I50DEPARTMENT OF TRANSPORTATION I52Federal Aviation Administration I5214 CFR Part 39 I41[Docket No. 2003ÿ09NEÿ0923ÿ09AD; Amendment 39ÿ0913210; AD 2003ÿ0913ÿ0910] I91RIN 2120ÿ09AA64 I55Airworthiness Directives; Rolls-Royce Corporation (Formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison) Models 250ÿ09C30R/3, ÿ09C30R/3M, ÿ09C47B, and ÿ09C47M Turboshaft Engines I10T2AGENCY: T1Federal Aviation Administration (FAA), DOT. Q02I10T2ACTION: T1Final rule; request for comments. I59 I10T2SUMMARY: T1The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Corporation (formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison) models 250ÿ09C30R/3, ÿ09C30R/3M, ÿ09C47B, and ÿ09C47M turboshaft engines. This AD requires initial and repetitive electrical signal inspections of the hydromechanical unit (HMU) Power Lever Angle (PLA) potentiometer. This AD is prompted by an investigation by the National Transportation Safety Board (NTSB), which revealed that a potential undetected failure of the PLA potentiometer electrical signal could cause uncommanded and sudden changes in engine power. The actions specified in this AD are intended to prevent uncommanded and sudden changes in engine power. Q02I10T2DATES: T1Effective July 15, 2003. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of July 15, 2003. I11We must receive any comments on this AD by August 29, 2003. Q02I10T2ADDRESSES: T1Use one of the following addresses to submit comments on this AD: Q02 I11[sbull] By mail: The Federal Aviation Administration (FAA), New England Region, Office of the Regional Counsel, Attention: Rules Docket No. 2003ÿ09NEÿ0923ÿ09AD, 12 New England Executive Park, Burlington, MA 01803ÿ095299. I11[sbull] By fax: (781) 238ÿ097055. I11[sbull] By e-mail: T39-ane-adcomment@faa.govT1 I11You may get the service information referenced in this AD from Rolls-Royce Corporation, P.O. Box 420, Indianapolis, IN 46206ÿ090420; telephone (317) 230ÿ096400; fax (317) 230ÿ094243. I11You may examine the AD docket at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA. You may examine the service information 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. Q02I10T2FOR FURTHER INFORMATION CONTACT: T1Khailaa Hosny, Aerospace Engineer, Chicago Aircraft Certification Office, FAA, 2300 East Devon Avenue, Des Plaines, IL 60018ÿ094696; telephone (847) 294ÿ097134; fax (847) 294ÿ097834. Q02I10T2SUPPLEMENTARY INFORMATION: T1This AD applies to Rolls-Royce Corporation models 250ÿ09C30R/3, ÿ09C30R/3M, ÿ09C47B, and ÿ09C47M turboshaft engines. This AD requires initial and repetitive electrical signal inspections of the HMU PLA ¨38591­potentiometer. This AD is prompted by an investigation by the NTSB into uncommanded and sudden changes in engine power on a Bell 407 helicopter on March 27, 2003. The NTSB investigation revealed that a potential undetected failure of the PLA potentiometer electrical signal, provided by the HMU of the full-authority digital electronic control (FADEC) system, could cause uncommanded and sudden changes in engine power. The actions specified in this AD are intended to prevent uncommanded and sudden changes in engine power. I85Relevant Service Information I11We have reviewed and approved the technical contents of section 2.B. of the Accomplishment Instructions of Rolls-Royce Corporation combined Service Bulletin (SB) CEB Aÿ0973ÿ093103 (250ÿ09C30 engines) and CEB Aÿ0973ÿ096030 (250ÿ09C47 engines), Revision 3, dated June 5, 2003, that describes procedures for inspecting the PLA potentiometer signal. I85Differences Between This Proposed AD and the Manufacturer's Service Information I11Although the combined SB CEB Aÿ0973ÿ093103 (250ÿ09C30 engines) and CEB Aÿ0973ÿ096030 (250ÿ09C47 engines), Revision 3, dated June 5, 2003, also includes 250ÿ09C40 engines, as CEB Aÿ0973ÿ095021, the 250ÿ09C40 engine model is not affected by this AD because it is used in twin engine applications. I85FAA's Determination and Requirements of This AD I11The unsafe condition described previously is likely to exist or develop on other Rolls-Royce Corporation (formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison) models 250ÿ09C30R/3, ÿ09C30R/3M, ÿ09C47B, and ÿ09C47M turboshaft engines of the same type design. Therefore, we are issuing this AD to prevent uncommanded and sudden changes in engine power. This AD requires an initial electrical signal inspection of the HMU PLA potentiometer within 50 flight hours after the effective date of this AD, but no later than July 15, 2003, and thereafter, repetitive inspections every 300 flight hours. You must do these inspections in accordance with the service information described previously. I85FAA's Determination of the Effective Date I11Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for prior public comment are impracticable, and that good cause exists for making this amendment effective in less than 30 days. I85Changes to 14 CFR Part 39_Effect on the AD I11On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs our AD system. This regulation now includes material that relates to special flight permits, alternative methods of compliance, and altered products. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions. I85Comments Invited I11This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under T2ADDRESSES.T1 Include ``AD Docket No. 2003ÿ09NEÿ0923ÿ09AD'' in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us through a nonwritten communication, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments. I11We are reviewing the writing style we currently use in regulatory documents. We are interested in your comments on whether the style of this document is clear, and your suggestions to improve the clarity of our communications with you. You may get more information about plain language at T3http://www.plainlanguage.gov.T1 I85Regulatory Findings I11We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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. I11For the reasons discussed above, I certify that the regulation: I111. Is not a ``significant regulatory action'' under Executive Order 12866; I112. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and I113. 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. I11We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under T2ADDRESSES.T1 Include ``AD Docket No. 2003ÿ09NEÿ0923ÿ09AD'' in your request. I84List of Subjects in 14 CFR Part 39 I11Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. I85Adoption of the Amendment I11Accordingly, 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: I52PART 39_AIRWORTHINESS DIRECTIVES Q02I460I471. The authority citation for part 39 continues to read as follows: Q04I21T4Authority: T149 U.S.C. 106(g), 40113, 44701. I80ÿ1A 39.13I89[Amended] Q02I460I472. The FAA amends ÿ1A 39.13 by adding the following new airworthiness directive: Q04 I26T42003ÿ0913ÿ0910 Rolls-Royce Corporation (formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison):T1 Amendment 39ÿ0913210. Docket No. 2003ÿ09NEÿ0923ÿ09AD. I75Effective Date I21(a) This airworthiness directive (AD) becomes effective July 15, 2003. I75Affected ADs I21(b) None. I75Applicability I21(c) This AD is applicable to Rolls-Royce Corporation (formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison) models 250ÿ09C30R/3, ÿ09C30R/3M, ÿ09C47B, and ÿ09C47M turboshaft engines. These engines are installed on, but not limited to, Bell OHÿ0958D, Bell Helicopter Textron 407, Boeing AH/MHÿ096M, and MD Helicopters Inc. 600N helicopters. I75Unsafe Condition I21(d) This AD was prompted by an investigation by the National Transportation Safety Board that revealed that a potential undetected failure of the Power Lever Angle (PLA) potentiometer electrical signal could cause uncommanded and sudden changes in ¨38592­engine power. The actions specified in this AD are intended to prevent uncommanded and sudden changes in engine power. I75Compliance I21(e) Compliance with this AD is required as indicated, unless already done. I75Initial Inspection I21(f) Perform an initial electrical signal inspection of the hydromechanical unit (HMU) PLA potentiometer, within 50 flight hours after the effective date of this AD, but no later than July 15, 2003, in accordance with paragraph 2.B. of the Accomplishment Instructions of Rolls-Royce Corporation combined service bulletin (SB) No. CEB Aÿ0973ÿ093103 (250ÿ09C30 engines), or CEB Aÿ0973ÿ096030 (250ÿ09C47 engines), Revision 3, dated June 5, 2003. I21(g) Replace the HMU before further flight if the electrical signal inspection result is unacceptable. I75Repetitive Inspections I21(h) Thereafter, perform repetitive electrical signal inspections of the HMU PLA potentiometer within 300 flight hours of the previous inspection, in accordance with section 2.B. of the Accomplishment Instructions of Rolls-Royce Corporation combined SB No. CEB Aÿ0973ÿ093103 (250ÿ09C30 engines), or CEB Aÿ0973ÿ096030 (250ÿ09C47 engines), Revision 3, dated June 5, 2003. I21(i) Replace the HMU before further flight if the electrical signal inspection is unacceptable. I75Alternative Methods of Compliance I21(j) Alternative methods of compliance must be requested in accordance with 14 CFR part 39.19, and must be approved by the Manager, Chicago Aircraft Certification Office, FAA. I75Material Incorporated by Reference I21(k) The inspections in this AD must be done in accordance with section 2.B. of the Accomplishment Instructions of Rolls-Royce Corporation combined Service Bulletin (SB) CEB Aÿ0973ÿ093103 (250ÿ09C30 engines) and CEB Aÿ0973ÿ096030 (250ÿ09C47 engines), Revision 3, dated June 5, 2003. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy from Rolls-Royce Corporation, P.O. Box 420, Indianapolis, IN 46206ÿ090420; telephone (317) 230ÿ096400; fax (317) 230ÿ094243. You may review copies 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. I75Related Information I21(l) None. Q04 I21Issued in Burlington, Massachusetts, on June 19, 2003. I06Robert G. Mann, I04Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. I40[FR Doc. 03ÿ0915993 Filed 6ÿ0927ÿ0903; 8:45 am] I68BILLING CODE 4910ÿ0913ÿ09P I69I50DEPARTMENT OF TRANSPORTATION I52Federal Aviation Administration I5214 CFR Part 39 I41[Docket No. 2003ÿ09NEÿ0924ÿ09AD; Amendment 39ÿ0913211; AD 2003ÿ0913ÿ0911] I91RIN 2120ÿ09AA64 I55Airworthiness Directives; Pratt & Whitney PW4074, PW4074D, PW4077, PW4077D, PW4090, and PW4090ÿ093 Turbofan Engines I10T2AGENCY: T1Federal Aviation Administration (FAA), DOT. Q02I10T2ACTION: T1Final rule; request for comments. I59 I10T2SUMMARY: T1The FAA is adopting a new airworthiness directive (AD) for Pratt & Whitney (PW) PW4074, PW4074D, PW4077, PW4077D, PW4090, and PW4090ÿ093 turbofan engines with high pressure compressor (HPC) rear cases, part numbers (P/Ns) 55H425ÿ0901, 55H385ÿ0901, and 56H396ÿ0901 installed. This AD requires initial and repetitive visual or fluorescent penetrant inspections (FPI) of the J flange on the HPC rear case, and removal from service of the rear case based on certain inspection results. This AD is prompted by reports of cracks propagating from bolt holes in the HPC rear case J flange, and reports of high-cycle HPC rear cases exhibiting cracks propagating into the shell wall. The actions specified in this AD are intended to prevent fracturing and rupturing of the HPC rear case, resulting in uncontained engine failure. Q02I10T2DATES: T1Effective July 15, 2003. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of July 15, 2003. I11We must receive any comments on this AD by August 29, 2003. Q02I10T2ADDRESSES: T1Use one of the following addresses to submit comments on this AD: I11[sbull] By mail: The Federal Aviation Administration (FAA), New England Region, Office of the Regional Counsel, Attention: Rules Docket No. 2003ÿ09NEÿ0924ÿ09AD, 12 New England Executive Park, Burlington, MA 01803ÿ095299. I11[sbull] By fax: (781) 238ÿ097055. I11[sbull] By e-mail: T39-ane-adcomment@faa.govT1 I11You may get the service information referenced in this AD from Pratt & Whitney, 400 Main St., East Hartford, CT 06108, telephone (860) 565ÿ096600; fax (860) 565ÿ094503. I11You may examine the AD docket at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA. You may examine the service information 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. Q02I10T2FOR FURTHER INFORMATION CONTACT: T1Keith Lardie, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803ÿ095299; telephone (781) 238ÿ097189; fax (781) 238ÿ097199. Q02I10T2SUPPLEMENTARY INFORMATION: T1This AD applies to PW PW4074, PW4074D, PW4077, PW4077D, PW4090, and PW4090ÿ093 turbofan engines with HPC rear cases, P/Ns 55H425ÿ0901, 55H385ÿ0901, and 56H396ÿ0901 installed. This AD requires initial and repetitive visual or FPI inspections of the J flange on HPC rear cases, P/Ns 55H425ÿ0901, 55H385ÿ0901, and 56H396ÿ0901, which were previously produced with or modified to a scalloped flange configuration using PW Service Bulletin (SB) No. PW4Gÿ09112ÿ0972ÿ09150, dated April 16, 1998, or SB No. PW4Gÿ09112ÿ0972ÿ09151, dated April 16, 1998, or SB No. PW4Gÿ09112ÿ0972ÿ09195, dated May 5, 1999. This AD also requires removal from service of the rear case based on certain inspection results. This AD is prompted by 32 reports of cracks propagating from bolt holes in the HPC rear case J flange, and reports of high-cycle HPC rear cases exhibiting cracks propagating into the shell wall. The HPC rear cases, P/Ns 55H425ÿ0901, 55H385ÿ0901, and 56H396ÿ0901 were produced with or modified by PW SBs to incorporate a scalloped J flange design as corrective action to eliminate flange cracking at the bolt holes. The scalloped flange has not been effective in eliminating J flange cracking. Cracks found propagating into the shell wall could result in loss of case integrity, and require immediate removal before further flight. The actions specified in this AD are intended to prevent fracturing and rupturing of the HPC rear case, resulting in uncontained engine failure. I85Relevant Service Information I11We have reviewed and approved the technical contents of PW SB No. PW4Gÿ09112ÿ0972ÿ09256, dated April 2, 2003, that describes procedures for initial and repetitive visual or FPI inspections of the J flange on HPC rear cases, and removal from service of the rear case based on certain inspection results. ¨38593­I85Differences Between This AD and the Service Information I11This AD adds an additional inspection at bolt hole location number 69, which was not originally listed in PW SB No. PW4Gÿ09112ÿ0972ÿ09256, because one report of a crack at that location has been received since the service bulletin was released. Future revisions of PW SB No. PW4Gÿ09112ÿ0972ÿ09256 will include this inspection location. I85FAA's Determination and Requirements of This AD I11The unsafe condition described previously is likely to exist or develop on other PW PW4074, PW4074D, PW4077, PW4077D, PW4090, and PW4090ÿ093 turbofan engines of the same type design. Therefore, we are issuing this AD to prevent fracturing and rupturing of the HPC rear case, resulting in uncontained engine failure. This AD requires: I11[sbull] Initial and repetitive visual or FPI inspections of the J flange on HPC rear cases, P/Ns 55H425ÿ0901, 55H385ÿ0901, and 56H396ÿ0901. I11[sbull] Removal of the rear case from service based on certain inspection results. I11You must do these actions in accordance with the service information described previously. I85FAA's Determination of the Effective Date I11Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for prior public comment are impracticable, and that good cause exists for making this amendment effective in less than 30 days. I85Changes to 14 CFR Part 39_Effect on the AD I11On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs our AD system. This regulation now includes material that relates to special flight permits, alternative methods of compliance, and altered products. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions. I85Interim Action I11These actions are interim actions and we may take further rulemaking actions in the future. I85Comments Invited I11This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under T2ADDRESSES.T1 Include ``AD Docket No. 2003ÿ09NEÿ0924ÿ09AD'' in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us through a nonwritten communication, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments. I11We are reviewing the writing style we currently use in regulatory documents. We are interested in your comments on whether the style of this document is clear, and your suggestions to improve the clarity of our communications with you. You may get more information about plain language at T3http://www.plainlanguage.gov.T1 I85Regulatory Findings I11We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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. I11For the reasons discussed above, I certify that the regulation: I111. Is not a ``significant regulatory action'' under Executive Order 12866; I112. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and I113. 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. I11We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under T2ADDRESSES.T1 Include ``AD Docket No. 2003ÿ09NEÿ0924ÿ09AD'' in your request. I84List of Subjects in 14 CFR Part 39 I11Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. I85Adoption of the Amendment Q02I460I47Accordingly, 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: I52PART 39_AIRWORTHINESS DIRECTIVES I460I471. The authority citation for part 39 continues to read as follows: Q04I21T4Authority: T149 U.S.C. 106(g), 40113, 44701. I80ÿ1A 39.13I89[Amended] Q02I460I472. The FAA amends ÿ1A 39.13 by adding the following new airworthiness directive: Q04 I26T42003ÿ0913ÿ0911 Pratt & Whitney:T1 Amendment 39ÿ0913211. Docket No. 2003ÿ09NEÿ0924ÿ09AD. Q04 I75Effective Date I21(a) This airworthiness directive (AD) becomes effective July 15, 2003. I75Affected ADs I21(b) None. I75Applicability I21(c) This AD is applicable to Pratt & Whitney (PW) PW4074, PW4074D, PW4077, PW4077D, PW4090, and PW4090ÿ093 turbofan engines with high pressure compressor (HPC) rear cases, part numbers (P/Ns) 55H425ÿ0901, 55H385ÿ0901, and 56H396ÿ0901 installed. These engines are installed on, but not limited to, Boeing 777 series airplanes. I75Unsafe Condition I21(d) This AD is prompted by 32 reports of cracks propagating from bolt holes in the HPC rear case J flange, two of which were reports of high-cycle HPC rear cases with cracks propagating into the shell wall, which required immediate removal before further flight. The actions specified in this AD are intended to prevent fracturing and rupturing of the HPC rear case, resulting in uncontained engine failure. I75Compliance I21(e) Compliance with this AD is required as indicated, unless already done. I75Initial Inspection I21(f) Perform an initial visual or fluorescent penetrant inspection (FPI) of the HPC rear case J flange for cracks at bolt hole location numbers 22, 67, 68, and 69, in accordance with Accomplishment Instructions of PW Service Bulletin (SB) No. PW4Gÿ09112ÿ0972ÿ09256, dated April 2, 2003, using the compliance times specified in the following Table 1: ¨38594­c3,L2,i1,s75,r75,r75 I95Table 1._Initial Inspection Schedule h1HPC rear case P/N h1For cycles accumulated of: h1Then: j I01(1) 55H425ÿ0901 modified by PW SB No. PW4Gÿ09112ÿ0972ÿ09150, dated April 16, 1998D(i) 4,000 or more cycles-since SB modification (CSM)DInspect within 50 cycles-in-service (CIS) after the effective date of this AD. I22 D(ii) 2,500 CSM or more, but fewer than 4,000 CSMDInspect within 75 CIS after the effective date of this AD. I22 D(iii) 1,850 CSM or more, but fewer than 2,500 CSMDInspect within 150 CIS after the effective date of this AD. I22 D(iv) More than 1,700 CSM, but fewer than 1,850 CSMDInspect within 300 CIS after the effective date of this AD. I22 D(v) 1,700 CSM, or fewerDInspect before accumulating 2,000 CSM rs[qdrt] I01(2) 55H385ÿ0901, 55H396ÿ0901, and 55H425ÿ0901 incorporating a scalloped JD(i) 7,200 or more CSNDInspect within 300 CIS after the effective date of this AD. I22 D(ii) Fewer than 7,200 CSNDInspect before accumulating 7,500 CSN. e I75Previous Credit I21(g) Previous credit is allowed for initial inspections for cracks at bolt hole location numbers 22, 67, and 68 that were done in accordance with PW SB PW4Gÿ09112ÿ0972ÿ09256, dated April 2, 2003, before the effective date of this AD. Previous credit is also allowed for initial inspection of bolt hole location number 69 if bolt hole location number 68 was previously inspected before the effective date of this AD. I21(h) Disposition the HPC rear cases using the criteria in the following Table 2: c2,L2,i1,s50,r50 I95Table 2._HPC Rear Case Disposition Criteria h1LIf HPC rear case has: h1Then: j I01(1) One or more inboard cracks that have penetrated beyond the pedestal and into the shell wallDRemove HPC rear case before further flight. rs[qdrt] I01(2) One or more inboard cracks that have penetrated into the pedestal but not into the shell wallDRemove HPC rear case within 25 cycles-since-last inspection (CSLI). rs[qdrt] I01(3) One or more inboard cracks that have not penetrated into the pedestal DRemove HPC rear case within 250 CSLI. rs[qdrt] I01(4) One or more outboard cracks DPerform repetitive inspections as specified in paragraph (i) of this AD. rs[qdrt] I01(5) No cracksDPerform repetitive inspections as specified in paragraph (i) of this AD. e I75Repetitive Inspections I21(i) Perform repetitive inspections of the HPC rear case J flange for cracks at bolt hole location numbers 22, 67, 68, and 69 in accordance with the Accomplishment Instructions of PW SB No. PW4Gÿ09112ÿ0972ÿ09256, dated April 2, 2003, and the following: I21(1) If last inspection of HPC rear case was a visual inspection, then visually inspect or FPI within: I21(i) 600 CSLI if no cracks are found. I21(ii) 300 CSLI if one or more outboard cracks are found. I21(2) If last inspection of HPC rear case was an FPI, then visually inspect or FPI within: I21(i) 1,000 CSLI if no cracks are found. I21(ii) 600 CSLI if one or more outboard cracks are found. I21(3) Remove HPC rear cases from service or re-inspect rear cases using Table 2 of this AD. I75Alternative Methods of Compliance I21(j) Alternative methods of compliance must be requested in accordance with 14 CFR part 39.19, and must be approved by the Manager, Engine Certification Office, FAA. I75Material Incorporated by Reference I21(k) The inspections and removal from service of HPC rear cases must be done in accordance with Pratt & Whitney Service Bulletin No. PW4Gÿ09112ÿ0972ÿ09256, dated April 2, 2003. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy from Pratt & Whitney, 400 Main St., East Hartford, CT 06108, telephone (860) 565ÿ096600; fax (860) 565ÿ094503. You may review copies 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. I75Related Information I21(l) None. Q04 I21Issued in Burlington, Massachusetts, on June 18, 2003. I06Robert Mann, I04Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. I40[FR Doc. 03ÿ0915992 Filed 6ÿ0927ÿ0903; 8:45 am] I68BILLING CODE 4910ÿ0913ÿ09P I69I50DEPARTMENT OF TRANSPORTATION I52Federal Aviation Administration I5214 CFR Part 193 I41[Docket No. FAAÿ092003ÿ0915468] I55Flight Operational Quality Assurance Program (FOQA) I10T2AGENCY: T1Federal Aviation Administration (FAA), DOT. Q02I10T2ACTION: T1Notice of order designating FOQA information as protected from public disclosure.I59 I10T2SUMMARY: T1Federal Aviation Administration (FAA) Order 8000.81 designates information provided to the agency from an approved voluntary FOQA Program as protected from public disclosure and in accordance with the provisions of 14 CFR part 193, including disclosure under the Freedom of Information Act or other laws. This designation is intended to encourage sharing of FOQA information between the FAA and operators participating in an approved voluntary FOQA program. The substance of Order 8000.81 is published in the T4Federal RegisterT1 in accordance with the policy stated by the agency when it adopted 14 CFR part 193. Q02I10T2DATES: T1FAA Order 8000.81 became effective on April 14, 2003. Q02I10T2FOR FURTHER INFORMATION CONTACT: T1Dr. Thomas Longridge, Flight Standards Service, AFSÿ09230, Federal Aviation Administration, 800 Independence Ave., SW., Washington DC 20591, telephone (703) 661ÿ090275. e-mail T3Thomas.Longridge@faa.gov.T1 Q02I10T2SUPPLEMENTARY INFORMATION: I85Background I11Under Title 49 of the United States Code (49 U.S.C.) section 40123, certain voluntarily provided safety and security information is protected from disclosure ¨38595­in order to encourage people to provide the information to the Federal Aviation Administration (FAA). The FAA must first find that the information should be protected in accordance with 49 U.S.C. section 40123. The FAA's rules for implementing section 40123 are in 14 CFR part 193. If the Administrator issues an order designating information as protected under section 40123, that information will not be disclosed under the Freedom of Information Act (5 U.S.C. section 552) or other laws, except as provided in section 40123, part 193, and the order that designates the information as protected. This FAA order for FOQA is issued under part 193, section 193.11, which sets out the notice procedure for designating information as protected. I11A notice of proposed order designating FOQA information as protected from disclosure was published in 67 FR 56770 on September 5, 2002. In response to the notice, comments were received by the FAA. Appendix 1 of Order 8000.81 summarizes those comments and provides the FAA's responses thereto. A summary of changes made to the proposed order is provided in Appendix 2 of Order 8000.81. I85Applicability I11Order 8000.81 is applicable to any FAA office that receives information covered under this designation from a FOQA program. The order is also applicable to any other government agency that receives such information from the FAA. In order for any other government agency to receive FOQA information protected from disclosure under this designation from the FAA, an agency must first stipulate, in writing, that it will abide by the provisions of part 193 and this order. I85Summary of the FOQA Voluntary Information-Sharing Program I11A. T3Who may participate?T1 Aircraft operators that have an FAA-approved FOQA Implementation and Operations Plan may participate. I11B. T3What voluntarily provided information would be protected from disclosure under this proposed designation?T1 I111. FOQA data, which is defined as any digital flight data that has been collected from an individual aircraft pursuant to an FAA-approved FOQA program, regardless of the electronic format of that data.Q02 Q04I21T4Note: T1Operators are not expected or required to provide the FAA with FOQA data as a condition for approval of a FOQA Implementation and Operations Plan. However, if an operator elects to voluntarily provide such information to the FAA on its own initiative, it will be protected from disclosure under this order of designation.Q04Q02 I112. The identities of pilots provided to the FAA who are associated with any FOQA data submitted to the FAA.Q02 Q04I21T4Note: T1The FAA does not anticipate that FOQA data containing pilot identity information, or information that could be employed to enable the determination of pilot identity, will be submitted to the agency. However, if such information is submitted to the agency, it will be protected from disclosure under this order of designation.Q04Q02 I113. Aggregate FOQA data from an individual operator, which is defined as summary statistical indices based on analysis of FOQA data from multiple aircraft operations, when such data is provided pursuant to an FAA-approved FOQA program. I114. Reports prepared by an individual operator that are based on analysis of the individual operator's FOQA data or aggregate data pursuant to an FAA-approved FOQA program. (Before release of any such reports prepared by the FAA, information protected from disclosure under this order will be redacted.) I115. The identity of an individual operator associated with specific FOQA data, specific aggregate FOQA data, or a specific report derived from analysis of the individual operator's FOQA data, pursuant to an FAA-approved FOQA program. I116. The specific results of any FAA analysis of FOQA data or FOQA aggregate data from an individual operator or multiple operators, when such data has been provided pursuant to an FAA-approved FOQA program and the release of the specific results would constitute the release of FOQA data or aggregate data protected from disclosure under this order. I117. The specific corrective actions reported to the FAA that are initiated by the operator of an FAA-approved FOQA program to correct an adverse safety trend revealed by analysis of that operator's FOQA data. I118. A data base of aggregate FOQA data collected over time from an individual operator's approved FOQA program. I119. A data base of events, outcomes, and reports prepared by an individual operator collected over time from its approved FOQA program.Q02 Q04I21T4Note: T1The type of information or circumstances in which the information listed above would not be protected from disclosure is discussed in paragraph 6(e)(2) of Order 8000.18 [and under Findings, paragraph E.2 of this notice].Q04Q02 I11C. T3How do you participate?T1 An operator participates by obtaining FAA approval of its FOQA Implementation and Operations Plan, adhering to that approved plan, and voluntarily sharing FOQA data, aggregate FOQA data, or other FOQA information as specified in this order with the FAA. I11D. T3What is the duration of this information-sharing program?T1 This information-sharing program continues until the operator terminates its FOQA Implementation and Operations Plan or until the FAA withdraws the approval of the operator's FOQA Implementation and Operations Plan. I85Findings I11The FAA designates information received from an approved FOQA program as protected under 49 U.S.C. section 40123 and 14 CFR part 193, ÿ1A 193.7, based on the following findings: I11A. T3Summary of why the FAA finds that the information will be provided voluntarily.T1 The FAA finds that the information will be provided voluntarily. No operator is required to have a FOQA program. No operator that has a FOQA program is required to obtain FAA approval of that program. Any operator that has an FAA-approved FOQA program may terminate that program at the operator's discretion. The FAA anticipates that information from an operator's approved FOQA program will be shared with the FAA, because the voluntary establishment of an approved FOQA program constitutes a partnership between the FAA and operator in the interest of achieving joint goals for the improvement of safety and efficiency. I11B. T3Description of the type of information that may be voluntarily provided under the program, and a summary of why the FAA finds that the information is safety or security related.T1 I111. The FAA anticipates that the types of information that may be voluntarily provided under the program will be: I11(a) Summary statistical indices based on analysis of an individual operator's FOQA data I11(b) Graphical depictions of trend information obtained from analysis of an individual operator's FOQA data I11(c) Written findings that describe the results of FOQA data analysis and identify any adverse safety trends revealed by that data I11(d) Corrective actions planned, in process, or completed to correct adverse safety trends revealed by FOQA data I11(e) The results of FOQA analysis conducted to determine the effectiveness over time of corrective action accomplished by the operator ¨38596­I112. The FAA finds that this information is safety related because FOQA data and FOQA aggregate data provide objective information on the extent to which aircraft are operated in accordance with established procedures and acceptable margins of safety. I11C. T3Summary of why the FAA finds that the disclosure of the information would inhibit persons from voluntarily providing that type of information.T1 The FAA finds that disclosure of the information would inhibit the voluntary provision of that type of information. Operators are reluctant to share information from FOQA programs with the FAA, if such information might be subject to public disclosure. I11(1) A significant impediment to the sharing of FOQA information with the FAA is the aviation industry's concern over public disclosure of the information and, if disclosed, the potential for it to be used for purposes other than the safety enhancement purposes that constitute the primary reason for the establishment of such programs. As a result, before this order, U.S. airlines participating in FAA-approved FOQA programs have not permitted aggregate FOQA data, and any written information derived from analysis of such programs, to leave the airline's premises. This information is considered to be confidential by the participating operators and their pilots. I11(2) The FAA finds that reports prepared by an individual operator based on analysis of the individual operator's FOQA data or aggregate data, should be protected from public disclosure because the identity of the operator may be derived from that information. Unless the FAA can assure protection of identity information, such reports will not be submitted by the operator or specific information that could enhance the safety value of the report will not be included in the submission. I11D. T3Summary of why the receipt of that type of information aids in fulfilling the FAA's safety and security responsibilities.T1 The FAA finds that receipt of FOQA information aids in fulfilling the FAA's safety and security responsibilities. Because of its capacity to provide early objective information on emerging adverse safety trends, which enables remedial intervention, FOQA offers significant potential for incident and accident avoidance. Currently, FAA experience has clearly established that a FOQA program can produce objective safety-related data that is not available from any other source. For example, FOQA data concerning the frequency of unstable approaches on landing as a function of specific airport and runway environment has identified areas where improvements were needed in airline approach and landing checklists, airline training, air traffic control procedures, and published airport approach and landing procedures. Receipt of this previously unavailable objective information enabled airlines and the FAA to modify procedures and policies in order to improve safety and efficiency. If operators voluntarily support providing the FAA with aggregate FOQA data, the FAA can better serve as a national safety information resource for aircraft operators. I11E. T3Summary of why withholding such information from disclosure would be consistent with the FAA's safety and security responsibilities, including a statement as to the circumstances under which, and a summary of why, withholding such information from disclosure would not be consistent with the FAA's safety and security responsibilities, as described in 14 CFR 193.9.T1 The FAA finds that withholding FOQA data or aggregate FOQA data provided to the FAA from an approved FOQA program is consistent with the FAA's safety and security responsibilities. I11(1) An approved FOQA Implementation and Operations Plan specifically provides that corrective action for adverse safety trends will be initiated by the operator and that the operator will inform the FAA about that action. For example, an operator could modify its pilot training program to place greater emphasis on approach and landing procedures and inform the FAA of that training program modification. The FAA can then monitor the implementation of that modification, as well as review follow-on FOQA trend data pertinent to approach and landing maneuvers, to determine the effectiveness of the corrective action. The FAA can therefore accomplish its safety responsibilities without disclosure of FOQA data to the public. Withholding the information is consistent with the FAA's safety responsibilities, because, except for disclosure protection the FAA would not receive the information, and by virtue of its receipt, the FAA is able to not only assure that the corrective action necessary to maintain public safety has been taken, but that such action continues to be effective for that purpose. I11(2) The FAA will release FOQA information submitted to the agency, as specified in part 193 and this proposed order. For example, in order to explain the need for changes in FAA policies, procedures, and regulations, the FAA may disclose de-identified (no operator or pilot identity), summarized, information that has been derived from FOQA aggregate data or extracted from the protected information listed under paragraph 6b of Order 8000.81 [and under Findings, paragraph B, of this notice]. The FAA may disclose de-identified, summarized FOQA information that identifies a systemic problem in the aviation system, when other people need to be advised of the problem in order to take corrective action. The FAA may release the names of operators who have approved FOQA Implementation and Operations Plans. In addition, in accordance with 14 CFR section 13.401(e), the FAA may release FOQA information in support of enforcement actions that involve criminal or deliberate acts. To withhold disclosure of information in circumstances that involve criminal or deliberate acts would be inconsistent with the agency's safety responsibilities because it could prevent the agency, or at least diminish its ability, to effectively address such misconduct. I11F. T3Summary of how the FAA will distinguish information protected under part 193 from information the FAA receives from other sources.T1 An operator's approved FOQA Implementation and Operations Plan must specifically identify what digital flight data will be considered FOQA data, how that data is defined, and provisions for FAA access to aggregate FOQA data. Since an operator's aggregate FOQA data is derived by a process of aggregation from the operator's FOQA data, as defined in the FOQA Implementation and Operations Plan, and reports and other FOQA information, as specified in this order, are derived from analysis of the FOQA data as defined in that plan, the FOQA Implementation and Operations Plan on file with the FAA will serve as the primary reference source for distinguishing information protected under part 193 from information the FAA receives from other sources. I11(1) The FAA acknowledges that operators are highly reluctant to share sensitive FOQA information with the FAA, in part because of concerns that even if the information is designated as protected under part 193, it may still be inappropriately released by someone in the agency. Therefore, the FAA anticipates that, to be successful, any program for FOQA information sharing will have to proceed on an incremental basis. The FAA must demonstrate, on a stepwise basis, that the measures it puts in place to protect FOQA information from disclosure are completely effective. ¨38597­The FAA intends to work in a collaborative fashion with airlines and labor associations towards that end. A FOQA Aviation Rulemaking Committee (ARC) comprised of airline, labor association, and FAA representatives has been established for that purpose. I11(2) The FAA anticipates that the venue for submission to the FAA of aggregate FOQA data or other FOQA information, as specified in this order, will evolve over time in a fashion acceptable to all stakeholders. In order to be protected under this designation, all such submissions, regardless of the venue, must be clearly labeled as follows:Q04 I20T4Warning:T1 This FOQA information is protected from disclosure under 49 U.S.C. 40123 and 14 CFR part 193. It may be released only with written permission of the Associate Administrator for Regulation and Certification. I85Designation I11The FAA designates information described above to be protected from disclosure, in accordance with 49 U.S.C. section 40123 and 14 CFR part 193, when submitted pursuant to an approved FOQA program. Q04 I21Issued in Washington, DC, on June 19, 2003. I06James J. Ballough, I04Acting Associate Administrator for Regulation and Certification. I85Appendix 1 of Order 8000.81 (Summary of Significant Comments Received and the FAA's Response) I21A proposed FAA order designating FOQA information as protected from disclosure under part 193 was published in the T4Federal RegisterT1 on September 5, 2002 (T4Federal RegisterT1, Volume 67, Number 172, pages 56770ÿ0956774). Comments on the proposed order were received from one major trade association and one major labor association. These comments and the FAA responses are as follows: I75A. Disclosure To Support Rulemaking/Regulatory Action I211. T3Comment:T1 Disclosure to support rulemaking/regulatory action should be limited. The FAA should not disclose de-identified (no operator or pilot identity), summarized information that has been derived from FOQA aggregate data or extracted from protected information. Instead, to support regulatory or policy changes, the FAA should disclose only its generalized findings and conclusions derived from its review of protected data and related information. I212. T3The FAA Response:T1 The FAA's intent in its proposed use of the word ``summarized'' appears to be consistent with the commenter's concerns regarding the specificity of any information that is disclosed to explain the basis for rulemaking, procedural changes, or policy changes. However, the language of this order must retain use of the word ``summarized'' rather than ``generalized'', because that is the regulatory language specified in part 193 concerning the circumstances under which the FAA may release information obtained from an approved FOQA program. I75B. Protected Data I211. T3Comment:T1 Protected data should be more broadly defined in the FOQA Order. The proposed order defines FOQA data as any digital data collected pursuant to a FAA-approved FOQA program, and the order would provide disclosure protection only to data obtained from such approved programs. In the course of aggregating, reviewing, or analyzing FOQA data, other data may be inadvertently (or purposefully) included, in order to make the information more robust or complete. In such instances, the fact that the data was not obtained or collected ``pursuant to an FAA-approved FOQA program'' should not prevent the data or aggregated data or analysis from being protected from disclosure. The commenter believes that it is consistent with the statute and Congressional intent to protect such data. The commenter recommends that the FAA revise the final order to protect all data shared with the FAA pursuant to an approved FOQA program, even if such data does not fall within the precise definition of FOQA data as it is defined in the proposed order. I212. T3The FAA Response:T1 The FAA cannot anticipate when to protect undefined information in accordance with the notice procedure of 14 CFR part 193. Since the digital data that would be collected pursuant to an FAA-approved FOQA program is specified in an FAA-approved FOQA Implementation and Operations Plan, there is no ambiguity as to the nature of the information protected under this order. However, that protection cannot be extended through this order to ``other data'' without specifying what that ``other data'' is. Otherwise, it would be possible for an operator to inappropriately acquire disclosure protection by virtue of simply including other information together with submitted FOQA data. The FAA notes that the most likely category of ``other data'' that might be included with FOQA data, in order to provide more robust or complete information, would be from an Aviation Safety Action Program (ASAP). The FAA is in the process of establishing disclosure protection for ASAP data and information in a separate order of designation under 14 CFR part 193. I75C. Protecting Reports and the Identity of the Operator I211. T3Comment:T1 The proposed order is unduly restrictive with regard to only protecting reports prepared by the operator or the FAA and the identity of an operator associated with FOQA data or reports, when such reports or information are prepared ``pursuant to an FAA-approved FOQA program.'' If a report is based on FOQA data or analysis of FOQA data, then the report should be protected. It need not necessarily have been prepared ``pursuant to an FAA-approved FOQA program.'' The identity of an operator associated with FOQA data or a report based on FOQA data should always be protected. The analysis need not have been developed ``pursuant to an FAA-approved FOQA program.'' I212. T3The FAA Response:T1 The FAA concurs that a report or analysis of FOQA data, as well as the identity of an operator associated with FOQA data, should be protected from disclosure. As 14 CFR part 13, section 13.401 requires operators of FAA-approved FOQA programs to provide the FAA with aggregate FOQA data in a form and manner acceptable to the Administrator, the principal intent of this order is to make clear that any FOQA data submitted to the FAA pursuant to an approved FOQA program will be protected from disclosure in accordance with the provisions of part 193 and this order. In addition, the FAA believes that the first prerequisite for establishing what is to be protected through the part 193 notice procedure is an unambiguous specification of what constitutes the FOQA data to be protected. As part 13 requires that operators who seek the enforcement protection of that rule identify their FOQA data in an FAA-approved FOQA Implementation and Operations Plan, the language of this order, which limits disclosure protection to data submitted pursuant to an approved FOQA program, provides the needed specificity. This order does not preclude operators who do not have an approved FOQA program from submitting digital flight data to the FAA under the no-notice procedure of part 193 or from petitioning the FAA to issue a separate designation specific to pre-identified digital flight data outside of an approved FOQA program under the notice procedure of part 193. I75D. Corrective Actions I211. T3Comment:T1 The proposed notice protects corrective actions, but only if based on an analysis of that operator's FOQA data. Here, any corrective action based on any FOQA data, including reports, analyses, or recommendations from the FAA based on another operator's FOQA data, should be protected from disclosure. The FAA contemplates that it will notify operators of systemic problems it uncovers. Thus, corrective actions taken by an operator may not, in fact, be based on its own FOQA data. I212. T3The FAA Response:T1 Although section 13.401 requires operators to undertake corrective action, which analysis of its own FOQA data has determined is necessary in the interest of safety (and this order protects such operator specific corrective actions from disclosure), the rule does not require operators to undertake corrective action based solely on analysis of another operator's FOQA data. However, if FOQA data or aggregate FOQA data provided to the FAA from multiple operators indicates a systemic problem for which corrective action on a national basis is warranted in the interest of safety, the FAA anticipates that it would initiate appropriate procedural, policy, or regulatory changes to correct the problem. The FAA anticipates that summarized FOQA information might be released to the public to explain or justify such changes. It is also theoretically possible that analysis of a single ¨38598­operator's FOQA might identify a problem for which corrective action applicable to all operators might be warranted in the interest of safety (T3e.g.T1, a safety related engineering or maintenance issue specific to a particular aircraft make, model, series, or variant). Under either of the preceding two circumstances, the FAA does not believe that it is in the public interest to protect identification of the corrective action to be undertaken. I75E. Submission of FOQA Data versus Aggregate FOQA Data I211. T3Comment:T1 One commenter stated that paragraph C in the proposed order, ``How Persons Would Participate,'' requires operators to voluntarily share FOQA data and information with the FAA in order to participate. This statement contradicts paragraph B1 of the proposed notice, which states that operators are ``not expected or required'' to provide FOQA data as a condition of approval of their FOQA Implementation and Operations Plans. The paragraph is confusing and should be deleted. In a similar vein, another commenter stated that since there is a requirement to submit ``aggregate FOQA data'' and there is no requirement to submit ``FOQA data'', the commenter believes that the references in the proposed order to the submission of ``FOQA data'' to the FAA, and the use of ``FOQA data'' by the FAA for the production of reports, should be removed. I212. T3The FAA Response:T1 As noted by the second commenter, part 13, section 13.401 distinguishes between FOQA data and aggregate FOQA data. The rule only requires that operators provide the FAA with aggregate FOQA data. The intent of the referenced language from paragraph B1 in the proposed order was not only to acknowledge this distinction, but to also make clear, with reference to FOQA data (not aggregate FOQA data), that ``if an operator elects on its own initiative to voluntarily provide such information to the FAA, it will be protected from disclosure under the proposed order of designation,'' as is stated in the remainder of the referenced paragraph of the proposed order. The intent of the reference to FOQA data is not to establish or imply a requirement for submission of that data to the FAA. Rather, it is to provide disclosure protection for FOQA data in the event that, although not required to do so, an operator submits that data to the FAA. However, the FAA agrees that the related language of paragraph C could be confusing on this point. In the final designation, paragraph 6c has therefore been modified to read, ``* * * and by voluntarily sharing FOQA data, aggregate FOQA data, or other FOQA information as specified in this order with the FAA.'' I75F. Electronic Data I211. T3Comment:T1 In Finding 6 of the proposed order, the FAA states that it hopes to establish an internet-based method for receiving aggregate FOQA data. We are concerned in this particular instance about assuming that an internet-based system will be the best system. Given the sensitive nature of FOQA (and ASAP) data, it may be the case that a different method of delivering this data in electronic format to the FAA will be preferred. Likewise, it may not be the case that initial submissions under part 193 will be in the form of paper reports, as this finding contemplates. The statement also suggests that the FAA intends to be a repository of FOQA data, an issue which is outside the scope of part 193. Furthermore, appropriate consideration has not been given to how FOQA data might be aggregated, analyzed, and used. FAA should work with industry to allow flexibility in the manner in which initial reports are submitted and to address issues associated with the maintenance and disposition of FOQA data. The discussion of this finding should be revised accordingly. I212. T3The FAA Response:T1 The FAA concurs with this comment and has revised the language in Finding 6 accordingly. I85Appendix 2 of Order 8000.81 [Summary of significant changes to the Notice of Proposed Order Designating FOQA information as protected from disclosure (T4Federal Register, Volume 67, Number 172, Pages 56770ÿ0956774, September 5, 2002)] I21In addition to minor editorial corrections, the following changes from the above referenced proposed notice were made in the final order to assure consistency with 49 U.S.C. 40123 and 14 CFR 13.401, as well as in response to those public comments with which the FAA concurred as described in Appendix 1: I21A. The word ``proposed'' is deleted in the final order from wherever it appeared in the notice. I21B. Paragraph B2 of the notice has been modified by inserting the words ``provided to the FAA who are'' in the final order. I21C. Paragraph B3 has been modified by replacing the word ``obtained'' with ``provided'' in the final order. I21D. Paragraph B4 of the notice has been modified by deleting the words ``or the FAA'' and by adding the following parenthetical in the final order: (Before release of any such reports prepared by the FAA, information protected from disclosure under this order will be redacted.). I21E. Paragraph B6 of the notice has been modified by replacing the words ``is obtained'' with ``has been provided'' and by adding the following language, ``and the release of the specific results would constitute the release of FOQA data or aggregate data'' in the final order. I21F. Paragraph B7 of the notice has been modified by inserting the words ``reported to the FAA that are'' in the final order. I21G. Paragraph B9 of the notice has been modified by deleting the word ``reports'' and the word ``and'' and inserting the words ``and reports prepared by an operator'' in the final order. I21H. Under paragraph C of the notice, the words ``and by voluntarily sharing data and information from the FOQA program with the FAA'' have been replaced in the final order with, ``and by voluntarily sharing FOQA data, and aggregate FOQA data, or other FOQA information as specified in this order with the FAA.'' I21I. Under proposed findings, paragraph (3) of the notice, the following sentence has been deleted from the final order: ``Withholding such information from public disclosure is consistent with the FAA's safety and security responsibilities because, unless the FAA can provide an assurance that it will not be disclosed, the FAA will not receive the information. If the FAA does not receive the information, the FAA and the public will be deprived of the opportunity to make the safety improvements that receipt of the information enables.'' I21J. Under proposed findings, paragraph (4) of the notice, the grammar in the example cited in the paragraph has been changed from conditional tense to past tense in the final order, T3i.e.T1, ``could identify'' has been replaced with ``has identified'', ``are needed'' has been replaced with ``were needed'', etc. I21K. Under proposed findings, paragraph (5) of the notice, the following sentence has been deleted from the final order, ``Corrective action under FOQA can be accomplished without disclosure of protected information.'' The following sentences have been added to the final order: ``The FAA can then monitor the implementation of that modification, as well as review follow-on FOQA trend data pertinent to approach and landing maneuvers, to determine the effectiveness of the corrective action. The FAA can therefore accomplish its safety responsibilities without disclosure of FOQA data to the public. Withholding the information is consistent with the FAA's safety responsibilities, because, except for disclosure protection the FAA would not receive the information, and by virtue of its receipt, the FAA is able to not only assure that the corrective action necessary to maintain public safety has been taken, but that such action continues to be effective for that purpose.'' I21L. Under proposed findings, paragraph (5) of the notice, the following sentences have been added to the final order, ``In addition, in accordance with 14 CFR section 13.401(e), the FAA may release FOQA information in support of enforcement actions that involve criminal or deliberate acts. To withhold disclosure of information in circumstances that involve criminal or deliberate acts would be inconsistent with the agency's safety responsibilities because it could prevent the agency, or at least diminish its ability, to effectively address such misconduct.'' I21M. Under proposed designation in the notice, the word ``hereby'' has been deleted, the reference to paragraph 6b has been corrected to 5b, and the words ``with the exceptions noted in paragraph 6(e)(2)'' have been added. I21N. Under proposed findings, paragraph 6, of the notice, the last paragraph referring to a secure internet based methodology has been deleted in its entirety from the final order. Q03 I40[FR Doc. 03ÿ0916002 Filed 6ÿ0927ÿ0903; 8:45 am] I68BILLING CODE 4910ÿ0913ÿ09P ¨38599­I94I69I50DEPARTMENT OF COMMERCE I52Bureau of Industry and Security I5215 CFR Part 774 I41[Docket No. 021009232ÿ093125ÿ0902] I91RIN 0694ÿ09AC57 I55Exports and Reexports to the Federal Republic of Yugoslavia: Lifting of UN Arms Embargo-Based Controls; Clarification of UN Arms Embargo-Based Controls on Rwanda I10T2AGENCY: T1Bureau of Industry and Security, Commerce. Q02I10T2ACTION: T1Final rule; correcting amendments. I59 I10T2SUMMARY: T1On November 25, 2002, the Bureau of Industry and Security (BIS) published a final rule that amended the Export Administration Regulations (EAR) by removing the special controls on the export and reexport of arms-related items imposed on July 14, 1998 on the Federal Republic of Yugoslavia (Serbia and Montenegro) (FRY). This rule corrects inadvertent errors in Category 6_Sensors and Lasers_of the Commerce Control List made by the November 25, 2002 rule. Q02I10T2DATES: T1This rule is effective June 30, 2003. Q02I10T2ADDRESSES: T1Although there is no public comment period, written comments on this rule may be sent to Sheila Quarterman, Office of Exporter Services, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044 or to E-mail address T3squarter@bis.doc.gov.T1 Q02I10T2FOR FURTHER INFORMATION CONTACT: T1Sheila Quarterman in the Office of Exporter Services, Regulatory Policy Division, Bureau of Industry and Security, at (202) 482ÿ092440. Q02I10T2SUPPLEMENTARY INFORMATION: T1This document corrects errors made by the November 25, 2002 rule (67 FR 70545) (FRY Rule) relating to changes made by two earlier rules published in August and September, 2002. These errors appear in the License Requirements and License Exceptions sections for Export Control Classification Numbers (ECCNs) 6E001 and 6E002. These ECCNs had been revised in two final rules, Licensing Jurisdiction for ``Space Qualified'' Items and Telecommunications Items for Use on Board Satellites, published by BIS on September 23, 2002 (67 FR 59722), and Revisions and Clarifications to the Export Administration Regulations_Nuclear Nonproliferation Controls: Nuclear Suppliers Group, published August 29, 2002 (67 FR 55594). I85License Requirements for ECCNs 6E001 and 6E002 I11Subsequent to the issuance of these two earlier rules, the FRY Rule omitted the September 23, 2002 rule's revision to the Reason for Control section of ECCNs 6E001 and 6E002 that reads as follows: RS applies to ``technology'' for equipment controlled by 6A002.a.1, .a.2, .a.3, .c, or .e, 6A003.b.3, or .b.4, or 6A008.j.1. In addition, the FRY Rule omitted the Non-Proliferation controls for ``technology'' for items controlled by ECCN 6D001 from the Reason for Control section of ECCN 6E001, as was revised by the August 29, 2002 rule. This document corrects the stated inadvertent omissions. I85License Exceptions for ECCNs 6E001 and 6E002 I11This document also corrects two other inadvertent omissions made by the FRY Rule. The September 23, 2002 rule had revised the License Exceptions for ECCNs 6E001 and 6E002. The FRY rule omitted the revision in the License Exception section of ECCN 6E001, which noted that ``technology'' for commodities controlled by 6A002.e or 6A008.j.1, and technology for ``software'' defined in 6A008.j.1 and controlled by 6D001or 6D002 are not eligible for License Exception TSR. The FRY rule also did not include the revision of the License Exception section of ECCN 6E002 that noted that ``technology'' for commodities controlled by ECCNs 6A002.e or 6A008.j.1 is not eligible for License Exception TSR. I85Rulemaking Requirements I111. This final rule has been determined not to be significant for purposes of E.O. 12866. I112. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act (PRA), unless that collection of information displays a currently valid Office of Management and Budget Control Number. This rule involves collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 T3et seq.T1) These collections have been approved by the Office of Management and Budget (OMB) under control number 0694ÿ090088, ``Multi-Purpose Application,'' which carries a burden hour estimate of 40 minutes to prepare and submit electronically and 45 minutes to submit manually form BISÿ09748P. Send comments regarding these burden estimates or any other aspect of these collections of information, including suggestions for reducing the burden, to OMB Desk Officer, New Executive Office Building, Washington, DC 20503; and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. I113. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. I114. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (Sec. 5 U.S.C. 553 (a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 5 U.S.C. 553 or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 T3et seq.T1) are not applicable. Therefore, this regulation is issued in final form. Although there is no public comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Sheila Quarterman, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. I84List of Subjects in 15 CFR Part 774 I11Exports, Foreign trade. Q02 Q02I460I47Accordingly, Part 774 of the Export Administration Regulations (15 CFR parts 730ÿ09799) is amended as follows: I460I471. The authority citation for Part 774 continues to read as follows: Q04I21T4Authority: T150 U.S.C. app. 2401 T3et seq.T1; 50 U.S.C. 1701 T3et seq.T1; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 T3et seq.T1; 22 U.S.C. 287c, 22 U.S.C. 3201 T3et seq.T1, 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901ÿ09911, Publ. L. 106ÿ09387; Sec. 221, Publ. L. 107ÿ0956; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 C.F.R., 2001 Comp., p. 783; Notice of August 14, 2002, 67 FR 53721, August 16, 2002. I52PART 774_[CORRECTED] Q02I460I472. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6_Sensors and Lasers, the following Export ¨38600­Control Classification Numbers (ECCNs) are amended by revising the License Requirements section and License Exceptions section for ECCNs 6E001 and 6E002 to read as follows: I116E001 ``Technology'' according to the General Technology Note for the ``development'' of equipment, materials or ``software'' controlled by 6A (except 6A018, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, or 6A998), 6B (except 6B995), 6C (except 6C992 or 6C994), or 6D (except 6D991, 6D992, or 6D993). I85License Requirements I11T3Reason for Control:T1 NS, MT, NP, RS, CC, AT, UN. c2,L2,tp0,i1,s25,xs56 I95 h1Control(s) h1Country chart j I01NS applies to ``technology'' for items controlled by 6A001 to 6A008, 6B004 to 6B008, 6C002 to 6C005, or 6D001 to 6D003 DNS Column 1. I01MT applies to ``technology'' for items controlled by 6A002, 6A007, 6A008, 6A102, 6A107, 6A108, 6B008, 6B108, 6D001, 6D002, 6D102 or 6D103 for MT reasons DMT Column 1. I01NP applies to ``technology'' for equipment controlled by 6A003, 6A005, 6A202, 6A203, 6A205, 6A225, 6A226 or 6D001 for NP reasons DNP Column 1. I01RS applies to ``technology'' for equipment controlled by 6A002.a.1, .a.2, .a.3, .c, or .e, 6A003.b.3 or .b.4, or 6A008.j.1 DRS Column 1. I01CC applies to ``technology'' for equipment controlled by 6A002 for CC reasons DCC Column 1. I01AT applies to entire entryDAT Column 1. I01UN applies to ``technology'' for equipment controlled by 6A002 or 6A003 for UN reasons DRwanda. e Q04I21T4License Requirement Notes: T1See ÿ1A 743.1 of the EAR for reporting requirements for exports under License Exceptions.Q04 I85License Exceptions I11CIV: N/A. I11TSR: Yes, except for the following: I11(1) Items controlled for MT reasons; I11(2) ``Technology'' for commodities controlled by 6A002.e, 6A004.e, or 6A008.j.1; I11(3) ``Technology'' for ``software'' specially designed for ``space qualified'' ``laser'' radar or Light Detection and Ranging (LIDAR) equipment defined in 6A008.j.1 and controlled by 6D001 or 6D002; I11(4) Exports or reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ``technology'' for the ``development'' of the following: (a) Items controlled by 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.5, 6A001.a.2.b, 6A001.a.2.e., 6A002.a.1.c, 6A008.l.3, 6B008, 6D003.a; (b) Equipment controlled by 6A001.a.2.c or 6A001.a.2.f when specially designed for real time applications; T3orT1 (c) ``Software'' controlled by 6D001 and specially designed for the ``development'' or ``production'' of equipment controlled by 6A008.l.3 or 6B008; or I11(5) Exports or reexports to Rwanda. I37* * * * * I11 I116E002 ``Technology'' according to the General Technology Note for the ``production'' of equipment or materials controlled by 6A (except 6A018, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except 6B995) or 6C (except 6C992 or 6C994). I85License Requirements I11T3Reason for Control:T1 NS, MT, NP, RS, CC, AT, UN. c2,L2,tp0,i1,s25,xs56 I95 h1Control(s) h1Country chart j I01NS applies to ``technology'' for equipment controlled by 6A001 to 6A008, 6B004 to 6B008, or 6C002 to 6C005 DNS Column 1. I01MT applies to ``technology'' for equipment controlled by 6A002, 6A007, 6A008, 6A102, 6A107, 6A108, 6B008, or 6B108 for MT reasons DMT Column 1. I01NP applies to ``technology'' for equipment controlled by 6A003, 6A005, 6A202, 6A203, 6A205, 6A225 or 6A226 for NP reasons DNP Column 1. I01RS applies to ``technology'' for equipment controlled by 6A002.a.1, .a.2, .a.3, .c or .e, 6A003.b.3 or .b.4, or 6A008.j.1 DRS Column 1. I01CC applies to ``technology'' for equipment controlled by 6A002 for CC reasons DCC Column 1. I01AT applies to entire entryDAT Column 1. I01UN applies to ``technology'' for equipment controlled by 6A002 or 6A003 for UN reasons DRwanda. e Q04I21T4License Requirement Notes: T1See ÿ1A 743.1 of the EAR for reporting requirements for exports under License Exceptions.Q04 I85License Exceptions I11CIV: N/A. I11TSR: Yes, except for the following: I11(1) Items controlled for MT reasons; I11(2) ``Technology'' for commodities controlled by 6A002.e, 6A004.e, 6A008.j.1; I11(3) Exports or reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ``technology'' for the ``development'' of the following: (a) Items controlled by 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.5, 6A001.a.2.b, and 6A001.a.2.c; and (b) Equipment controlled by 6A001.a.2.e and 6A001.a.2.f when specially designed for real time applications; or (c) ``Software'' controlled by 6D001 and specially designed for the ``development'' or ``production'' of equipment controlled by 6A002.a.1.c, 6A008.l.3 or 6B008; or I11(4) Exports or reexports to Rwanda. I37* * * * * Q04 I21Dated: June 24, 2003. I06Eileen M. Albanese, I04Director, Office of Exporter Services, Export Administration. I40[FR Doc. 03ÿ0916469 Filed 6ÿ0927ÿ0903; 8:45 am] I68BILLING CODE 3510ÿ0933ÿ09P I94I69I50DEPARTMENT OF HEALTH AND HUMAN SERVICES I52Food and Drug Administration I5221 CFR Part 520 I55Oral Dosage Form New Animal Drugs; Ivermectin and Praziquantel Paste I10T2AGENCY: T1Food and Drug Administration, HHS. Q02I10T2ACTION: T1Final rule.I59 I10T2SUMMARY: T1The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Merial, Ltd. The NADA provides for use of an ivermectin and praziquantel oral paste for the control of various species of internal parasites in horses. Q02I10T2DATES: T1This rule is effective June 30, 2003. Q02I10T2FOR FURTHER INFORMATION CONTACT: T1Melanie R. Berson, Center for Veterinary Medicine (HFVÿ09110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301ÿ09827ÿ097543, e-mail: T3mberson@cvm.fda.govT1. Q02I10T2SUPPLEMENTARY INFORMATION: T1Merial Ltd., 3239 Satellite Blvd., Bldg. 500, Duluth, GA 30096ÿ094640, filed NADA 141ÿ09214 for ZIMECTERIN GOLD ¨38601­(ivermectin 1.55 percent/praziquantel 7.75 percent) Paste. The application provides for use of an ivermectin and praziquantel oral paste for the control of various species of internal parasites in horses. The NADA is approved as of April 17, 2003, and 21 CFR part 520 is amended by adding new ÿ1A 520.1198 to reflect the approval. The basis of approval is discussed in the freedom of information summary. I11In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Dockets Management Branch (HFAÿ09305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. I11Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for 3 years of marketing exclusivity beginning April 17, 2003. I11The agency has determined under 21 CFR 25.33(d)(1) 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. I11This rule does not meet the definition of ``rule'' in 5 U.S.C. 804(3)(A) because it is a rule of ``particular applicability.'' Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801ÿ09808. I84List of Subjects in 21 CFR Part 520 I11Animal drugs. Q02I460I47Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: I52PART 520ÿ09ORAL DOSAGE FORM NEW ANIMAL DRUGS Q02I460I471. The authority citation for 21 CFR part 520 continues to read as follows: Q04I21T4Authority: T121 U.S.C. 360b. Q02I460I472. Section 520.1198 is added to read as follows: I80ÿ1A 520.1198 I89Ivermectin and praziquantel paste. I11(a) T3SpecificationsT1. Each milligram (mg) of paste contains 0.0155 mg (1.55 percent) ivermectin and 0.0775 mg (7.75 percent) praziquantel. I11(b) T3SponsorT1. See No. 050604 in ÿ1A 510.600(c) o