Federal Register / Vol. 65, No. 79 / Monday, April 24, 2000 / Proposed Rules 21673

Service. This form is used for the

closeout of architectural services

contracts.

* * * * *

Dated: April 12, 2000.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 00–10140 Filed 4–21–00; 8:45 am]

BILLING CODE 3410–15–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 32

[Docket No. PRM–32–05]

Metabolic Solutions: Denial of Petition

for Rulemaking

AGENCY: U.S. Nuclear Regulatory

Commission.

ACTION: Denial of petition for

rulemaking.

SUMMARY: The U.S. Nuclear Regulatory

Commission (NRC) is denying a petition

for rulemaking (PRM–32–05) submitted

by Metabolic Solutions. The petitioner

requested that the NRC extend the

regulatory distribution exemption for 1

microcurie of carbon-14 (C–14) urea to

include a product being developed by

its company. The product is the

Erythromycin Breath Test (EBT) which

uses a 111-kilobequerel (kBq) (3-

microcurie) dose of C–14 erythromycin.

ADDRESSES: Submit comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001. Attention: Rulemakings and

Adjudications Staff.

Deliver comments to 11555 Rockville

Pike, Rockville, Maryland, between 7:30

a.m. and 4:15 p.m. on Federal workdays.

You may also provide comments via

the NRC’s interactive rulemaking

website (http://ruleforum.llnl.gov). This

site provides the capability to upload

comments as files (any format), if your

web browser supports that function. For

information about the interactive

rulemaking website, contact Ms. Carol

Gallagher (301) 415–5905 (e-mail:

cag@nrc.gov).

Copies of any comments received may

be examined at the NRC Public

Document Room, 2120 L Street, NW

(Lower Level), Washington, DC.

FOR FURTHER INFORMATION, CONTACT:

James Smith, telephone (301) 415–6459,

e-mail: jas4@nrc.gov, of the Office of

Nuclear Material Safety and Safeguards,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001.

SUPPLEMENTARY INFORMATION:

The Petition

On May 4, 1999 (64 FR 23796), NRC

noticed receipt and requested comment

on the PRM filed by Metabolic Solutions

Inc. The comment period closed on July

20, 1999. Notice of receipt of the

Metabolic Solutions PRM resulted in the

NRC receiving comment letters from

two medical universities in support of

the petition.

The C–14 EBT measures the activity,

in-vivo, of an important liver enzyme

that is the most abundant drugmetabolizing enzyme in the body. This

test is currently used to determine the

safety of new drugs during clinical

trials; as such, it is used only as a

research tool. The petitioner states that

the doses associated with this test are

comparable to the doses for the C–14

urea test which is exempt from the

requirement for licensing pursuant to 10

CFR 30.21 (a).

Public Comments on the Petition

The notice of receipt of the PRM

invited interested persons to submit

comments. The two public comments

received in response to the notice, from

the University of Nebraska Medical

Center and Johns Hopkins Medical

Institutions, were in support of the

petition. The two comments generally

noted the low doses associated with the

test and the possible economic benefit

in reducing the expense of clinical trials

through elimination of the need for a

byproduct materials license.

Reasons for Denial

A denial is consistent with the

Commission’s previous decision on the

C–14 urea tests to require that research

be performed under a specific license

(62 FR 63634), since this product is to

be used only in research use. The doses

are not the limiting factor for extending

the distribution exemption to this test.

The previous decision was based upon

restrictions of such use under the

common rule entitled ‘‘Federal Policy

for the Protection of Human Subjects;

Notices and Rules’’ (56 FR 28002).

Although the NRC did not adopt the

common rule, our intention is to follow

the essential requirements of the rule,

which have been adopted into 10 CFR

35.6, ‘‘Provisions for Research Involving

Human Subjects.’’ Specifically, 10 CFR

35.6 requires a licensee that conducts

research involving human research

subjects to obtain informed consent and

obtain approval by an Institutional

Review Board. Because the common

rule did not allow for exemptions for

research involving minimal risk, the

Commission determined that such

research use should not be exempt from

10 CFR 35.6.

Dated at Rockville, Maryland, this 5th day

of April, 2000.

For the U.S. Nuclear Regulatory

Commission.

William D. Travers

Executive Director for Operations.

[FR Doc. 00–10147 Filed 4–21–00; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–SW–66–AD]

Airworthiness Directives; Eurocopter

Deutschland GMBH Model BO–105A,

BO–105C, BO–105 C–2, BO–105 CB–2,

BO–105 CB–4, BO–105S, BO–105 CS–

2, BO–105 CBS–2, BO–105 CBS–4, and

BO–105LS A–1 Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD) for Eurocopter

Deutschland GMBH (ECD) Model BO–

105A, BO–105C, BO–105 C–2, BO–105

CB–2, BO–105 CB–4, BO–105S, BO–105

CS–2, BO–105 CBS–2, BO–105 CBS–4,

and BO–105LS A–1 helicopters. That

AD currently requires creating a

component log card or equivalent record

and determining the calendar age and

number of flights on each tensiontorsion (TT) strap. That AD also requires

inspecting and removing, as necessary,

certain unairworthy TT straps. This

action would establish a life limit for

certain main rotor TT straps. This

proposal is prompted by a need to

establish a life limit for certain TT

straps because of an accident in which

a main rotor blade (blade) separated

from an ECD Model MBB–BK 117

helicopter due to fatigue failure of a TT

strap. The same part-numbered TT strap

is used on the ECD Model BO–105

helicopters. The actions specified by

this AD are intended to prevent fatigue

failure of the TT strap, loss of a blade,

and subsequent loss of control of the

helicopter.

DATES: Comments must be received on

or before June 23, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 99–SW–66–

21674 Federal Register / Vol. 65, No. 79 / Monday, April 24, 2000 / Proposed Rules

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137. You may also

send comments electronically to the

Rules Docket at the following address:

9-asw-adcomments@faa.gov. Comments

may be inspected at the Office of the

Regional Counsel between 9 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Charles Harrison, Aviation Safety

Engineer, FAA, Rotorcraft Directorate,

Rotorcraft Standards Staff, Fort Worth,

Texas 76193–0110, telephone (817)

222–5128, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their mailed

comments submitted in response to this

notice must submit a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Docket No. 99–SW–66–

AD.’’ The postcard will be date stamped

and returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Office of the Regional Counsel,

Southwest Region, Attention: Rules

Docket No. 99–SW–66–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

Discussion

On September 29, 1999, the FAA

issued AD 99–19–22, Amendment 39–

11357 (64 FR 54770, October 8, 1999),

for ECD Model BO–105 helicopters.

That AD currently requires, before

further flight, creating a component log

card or equivalent record, determining

the calendar age and number of flights

on each TT strap, and determining the

age and number of flights on each TT

strap. AD 99–19–22 also requires

inspecting and removing, as necessary,

certain unairworthy TT straps. That

action was prompted by an accident in

which a blade separated from an ECD

Model MBB–BK 117 helicopter due to

fatigue failure of a TT strap. The same

part-numbered TT strap is also used on

the ECD Model BO–105 helicopters. The

requirements of that AD are intended to

prevent failure of a TT strap, loss of a

blade, and subsequent loss of control of

the helicopter.

Since the issuance of that AD, we

have determined the need to establish a

life limit for the TT strap. We have also

determined that the graduated

inspection criteria and TT strap lives

specified in AD 99–19–22 are no longer

necessary when a life limit is

established. ECD issued Alert Service

Bulletin BO 105 No. ASB–BO 105–10–

114, Revision 2, dated August 31, 1999

(ASB). The ASB describes procedures

for determining the total accumulated

installation time and number of flights

on each TT strap. The ASB also

specifies inspecting and replacing, as

necessary, certain unairworthy TT

straps. The Luftfahrt Bundesamt (LBA),

which is the airworthiness authority for

the Federal Republic of Germany,

classified this ASB as mandatory and

issued AD 1999–300/3, dated August

31, 1999, to ensure the continued

airworthiness of these helicopters in the

Federal Republic of Germany.

Since an unsafe condition has been

identified on the MBB–BK–117 that is

likely to exist or develop on the ECD

Model BO–105A, BO–105C, BO–105 C–

2, BO–105 CB–2, BO–105 CB–4, BO–

105S, BO–105 CS–2, BO–105 CBS–2,

BO–105 CBS–4, and BO–105LS A–1

helicopters registered in the United

States, the proposed AD would require

establishing a life limit for the TT straps

effective January 1, 2001, of 120 months

or 40,000 flights, whichever occurs first.

The FAA estimates that 200

helicopters of U.S. registry would be

affected by this proposed AD, that it

would take approximately 16 work

hours per helicopter to accomplish the

proposed actions, and that the average

labor rate is $60 per work hour.

Required parts would cost

approximately $10,400 per helicopter.

Based on these figures, the total cost

impact of the proposed AD on U.S.

operators is estimated to be $2,272,200.

The regulations proposed herein

would not have a substantial direct

effect on the States, on the relationship

between the national Government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

it is determined that this proposal does

not have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

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

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–11357 (64 FR

54770, October 8, 1999), and by adding

a new airworthiness directive (AD), to

read as follows:

Eurocopter Deutschland GMBH: Docket No.

99–SW–66–AD. Supersedes AD 99–19–

22, Amendment 39–11357, Docket No.

99–SW–52–AD.

Applicability: Model BO–105A, BO–105C,

BO–105 C–2, BO–105 CB–2, BO–105 CB–4,

BO–105S, BO–105 CS–2, BO–105 CBS–2,

BO–105 CBS–4, and BO–105LS A–1

helicopters, with part number (P/N) 2604067

(Bendix) or J17322–1 (Lord) rotor tensiontorsion (TT) strap, installed, certificated in

any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For helicopters that have been modified,

Federal Register / Vol. 65, No. 79 / Monday, April 24, 2000 / Proposed Rules 21675

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent fatigue failure of a TT strap,

loss of a main rotor blade (blade), and

subsequent loss of control of the helicopter,

accomplish the following:

(a) Before further flight,

(1) Create a component log card or

equivalent record for each TT strap.

(2) Review the history of the helicopter and

each TT strap. Determine the age since initial

installation on any helicopter (age) and the

number of flights on each TT strap. Enter

both the age and the number of flights for

each TT strap on the component log card or

equivalent record. When the number of

flights is unknown, multiply the number of

hours time-in-service (TIS) by 5 to determine

the number of flights. If a TT strap has been

previously used at any time on Model BO–

105LS A–3 ‘‘SUPER LIFTER’’, BO–105 CB–5,

BO–105 CBS–5, BO–105 DBS–5, or any

MBB–BK 117 series helicopter, multiply the

number of flights accumulated on those other

models by a factor of 1.6 and then add that

result to the number of flights accumulated

on the helicopters affected by this AD.

(3) Remove any TT strap from service if the

total hours TIS or number of flights and age

cannot be determined.

(b) On or before January 1, 2001, remove

any TT strap that has been in service 120

months since initial installation on any

helicopter or accumulated 40,000 flights (a

flight is a takeoff and a landing), on any

helicopter. Replace the TT strap with an

airworthy TT strap.

(c) This AD revises the Airworthiness

Limitations Section of the maintenance

manual by establishing a life limit for the TT

strap, P/N 2604067 and J17322–1, of 120

months or 40,000 flights, whichever occurs

first.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Regulations

Group, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

Note 3: The subject of this AD is addressed

in the Luftfahrt Bundesamt (Federal Republic

of Germany) AD 1999–300/3, dated August

31, 1999.

Issued in Fort Worth, Texas, on April 17,

2000.

Mark R. Schilling,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–10086 Filed 4–21–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–313–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747–100, –200, –300, –400, and

747SR Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

Boeing Model 747–100, –200, –300,

–400, and 747SR series airplanes. This

proposal would require repetitive

inspections to detect cracks and

corrosion around the lower bearing of

the actuator attach fittings of the

inboard and outboard flaps. This

proposal also would require repetitive

overhauls for certain attach fittings or

repetitive replacement of the attach

fittings with new attach fittings, as

applicable, which would constitute

terminating action for certain repetitive

actions. This proposal is prompted by

reports of cracks on the lower bearing

journal of the inboard actuator attach

fittings of the outboard trailing edge

flaps due to stress corrosion. The

actions specified by the proposed AD

are intended to detect and correct

cracking on the actuator attach fittings

of the trailing edge flaps, which could

result in abnormal operation or

retraction of a trailing edge flap, and

consequent reduced controllability of

the airplane.

DATES: Comments must be received by

June 8, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

313–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Tamara L. Anderson, Aerospace

Engineer, Airframe Branch, ANM–120S,

FAA, Transport Airplane Directorate,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2771; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 99–NM–313–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

99–NM–313–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received reports of

stress corrosion cracks on the lower