Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Proposed Rules 31291

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subject in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, we propose to amend 9

CFR part 94 as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

would continue to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162,

and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a,

134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR

2.22, 2.80, and 371.2(d).

§ 94.18 [Amended]

2. Section 94.18 would be amended as

follows:

a. In paragraph (a)(1), by adding the

word ‘‘Denmark,’’ immediately after

‘‘Belgium,’’.

b. In paragraph (a)(2) by removing the

word ‘‘Denmark,’’.

Done in Washington, DC, this 12th day of

May 2000.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 00–12438 Filed 5–16–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–10–AD]

Airworthiness Directives; Bell

Helicopter Textron Canada Model 407

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to Bell

Helicopter Textron Canada (BHTC)

Model 407 helicopters, that currently

requires installing a tail rotor pitchlimiting left-pedal stop (pedal stop),

installing an airspeed limitation

placard, marking a never-exceed

velocity (Vne) placard on all airspeed

indicators, and revising the Limitations

section of the Rotorcraft Flight Manual

(RFM). This action would require

installing a redesigned tail rotor system

and modifying the vertical fin and

horizontal stabilizer to allow restoring

the Vne to 140 knots indicated airspeed

(IAS). This proposal is prompted by

design changes to the tail rotor system

and modification of the pedal stop for

airspeed actuation to eliminate a tail

rotor strike to the tailboom. The actions

specified by the proposed AD are

intended to prevent the tail rotor blades

from striking the tailboom, separation of

the aft section of the tailboom with the

tail rotor gearbox and vertical fin, and

subsequent loss of control of the

helicopter.

DATES: Comments must be received on

or before June 16, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

10–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

9:00 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

BHTC, 12,800 Rue de l’Avenir, Mirabel,

Quebec JON1LO, telephone (800) 463–

3036, fax (514) 433–0272. This

information may be examined at the

FAA, Office of the Regional Counsel,

Southwest Region, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas.

FOR FURTHER INFORMATION CONTACT:

Sharon Miles, Aviation Safety Engineer,

FAA, Rotorcraft Directorate, Regulations

Group, Fort Worth, Texas 76193–0111,

telephone (817) 222–5122, 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. 2000–SW–

10–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. 2000–SW–10–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

Discussion

On March 30, 1999, the FAA issued

AD 99–06–15, Amendment 39–11111

(64 FR 16801, April 7, 1999), to require

installing a pedal stop and adjusting the

rigging of the directional controls,

installing an airspeed limitation

placard, marking a new never-exceed

velocity (Vne) limit on all airspeed

indicators, and revising the Limitations

section of the RFM. That action was

31292 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Proposed Rules

prompted by three accidents involving

in-flight tail rotor blade strikes against

the tailboom. The requirements of that

AD are intended to prevent the tail rotor

blades from striking the tailboom,

separation of the aft section of the

tailboom with the tail rotor gearbox and

vertical fin, and subsequent loss of

control of the helicopter.

Since the issuance of that AD, the

manufacturer has made a design change

to the tail rotor system to eliminate tail

rotor strikes to the tailboom, and also

made design changes to the pedal stop.

BHTC has issued Bell Helicopter

Textron Alert Service Bulletin (ASB)

No. 407–99–27, Rev. A, dated June 9,

1999, and Bell Helicopter Textron

Technical Bulletin No. 407–99–17,

dated April 15, 1999, both of which

concern replacing the tail rotor; ASB

407–99–33, Revision A, dated March 10,

2000, which concerns installing a pedal

stop and restoring the Vne to 140 knots

IAS; and Bell Helicopter Textron

Technical Bulletin No. 407–96–2,

Revision A, dated March 11, 1997,

which concerns modifying the vertical

fin and horizontal stabilizer. Transport

Canada classified these service bulletins

as mandatory and issued AD No. CF–

1998–36R7, dated February 1, 2000, in

order to assure the continued

airworthiness of these helicopters in

Canada.

This helicopter model is

manufactured in Canada and is type

certificated for operation in the United

States under the provisions of § 21.29 of

the Federal Aviation Regulations (14

CFR 21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

Transport Canada, which is the

airworthiness authority for Canada, has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the Transport

Canada, reviewed all available

information, and determined that AD

action is necessary for products of this

type design that are certificated for

operation in the United States.

Since an unsafe condition has been

identified that is likely to exist or

develop on other BHTC Model 407

helicopters of the same type design, the

proposed AD would supersede AD 99–

06–15 to require installing a redesigned

tail rotor system, modifying the vertical

fin and horizontal stabilizer, and

restoring the Vne to 140 knots IAS.

The FAA estimates that 200

helicopters of U.S. registry would be

affected by this proposed AD, that it

would take approximately 80 work

hours per helicopter to perform the

modifications and installations, and that

the average labor rate is $60 per work

hour. Required parts would cost

approximately $24,161 per helicopter;

however, the manufacturer has stated

they will provide these parts at no cost.

Additionally, the manufacturer has

stated they will reimburse the cost of

labor up to $4,400. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $5,792,200 or $28,961

per helicopter, assuming no costs are

reimbursed.

The regulations proposed herein

would not have a substantial direct

effect on the States, on the relationship

between the national Government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

it is determined that this proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

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

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–11111 (64 FR

16801, April 7, 1999), and by adding a

new airworthiness directive (AD), to

read as follows:

Bell Helicopter Textron Canada: Docket No.

2000–SW–10–AD. Supersedes AD 99–

06–15, Amendment 39–11111, Docket

No. 99–SW–16–AD.

Applicability: Model 407 helicopters,

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,

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 the tail rotor blades from

striking the tailboom, which could result in

separation of the aft section of the tailboom

with the tail rotor gearbox and vertical fin,

and subsequent loss of control of the

helicopter, accomplish the following:

(a) Before further flight:

(1) Install a stop that limits the maximum

distance that the left pedal can travel in

accordance with Part I of the

Accomplishment Instructions in Bell

Helicopter Textron Canada Technical

Bulletin 407–98–13, dated December 12,

1998 (TB).

(2) Adjust the rigging of the directional

controls in accordance with Part II of the

Accomplishment Instructions in the TB.

(3) Install the airspeed limitation placard

shown in Figure 1 of this AD so that it

completely covers and obscures the airspeed

limitation placard, P/N 407–070–201–103.

Ensure that the replacement placard is at

least 21⁄16-inches tall and 3 9⁄16-inches long.

Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Proposed Rules 31293

FIGURE 1.—407 AIRSPEED LIMITATIONS—KNOTS—IAS

[AD 99–06–15]

OAT Pressure altitude FX × 1000

C° 0 2 4 6 8 10 12 16 16 18 20

52 ........................................................................... 98 93 88

40 ........................................................................... 100 95 91 86 81 76

20 ........................................................................... 100 100 95 90 85 80 76 71 66 61

0 ............................................................................. 100 100 100 95 90 85 80 75 70 65 60

¥20 ........................................................................ 100 100 100 100 95 90 85 80 75 70 65

¥40 ........................................................................ 97 93 88 83 79 74 70 65 61

Maximum Autorotation VNE 100 KIAS

(4) Install a redline at a Vne of 100 KIAS

on all airspeed indicators. Remove or obscure

any previously installed lines or arcs above

100 KIAS. If the redline is installed on the

instrument glass, also install a slippage mark

on the glass and on the instrument case.

(5) Add the following statement to the

Limitations section of the Rotorcraft Flight

Manual (RFM):

When operating at an airspeed of 60 to 100

KIAS, maintain yaw trim within one ball

diameter of the centered position of the turn

and bank (slip) indicator, and avoid sudden

or large directional control inputs in flight.

(6) Mark the airspeed limitations placard in

Figure 1–3 in the RFM to indicate that it has

been superseded by this AD, and insert a

copy of this AD into the RFM. Also, mark the

airspeed indicator in Figure 1–5 of the RFM

to indicate a Vne of 100 KIAS.

(7) This AD revises the limitations section

of BHTC Model 407 RFM by replacing sheet

1 of Figure 1–3 in the RFM with Figure 1 of

this AD, revising sheet 3 of Figure 1–5 of the

RFM, and adding an operational limitation

for allowable yaw trim and directional

control input.

(8) Report any uncommanded right yaw,

uncommanded movement of the pedals

during flight, or tail rotor blade contact with

the tailboom within 24 hours of the

occurrence to the Manager, Regulations

Group, telephone (817) 222–5111. Reporting

requirements have been approved by the

Office of Management and Budget and

assigned OMB control number 2120–0056.

(b) Before further flight after January 31,

2001:

(1) Remove and replace the existing tail

rotor with tail rotor installation, P/N 407–

012–100–109, in accordance with Part II of

Bell Helicopter Textron Technical Bulletin

407–99–17, dated April 15, 1999.

(2) Modify the vertical fin and horizontal

stabilizer in accordance with Bell Helicopter

Textron Technical Bulletin No. 407–96–2,

Revision A, dated March 11, 1997.

(3) Install the tail rotor airspeed-actuated

pedal stop kit, install the new airspeed

limitation decals, and remove the temporary

instrument markings and RFM changes in

accordance with the Accomplishment

Instructions in Parts I, II, and III of Bell

Helicopter Textron Alert Service Bulletin

407–99–33, Revision A, dated March 10,

2000.

(c) Accomplishing the requirements of

paragraph (b) of this AD is terminating action

for the requirements of this AD.

(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 §§ 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 Transport Canada (Canada) AD CF–98–

36R7, dated February 1, 2000.

Issued in Fort Worth, Texas, on May 5,

2000.

Eric Bries,

Acting Manager, Rotorcraft Directorate,,

Aircraft Certification Service.

[FR Doc. 00–12357 Filed 5–16–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–009]

RIN 2115–AA97

Safety Zone: OPSAIL 2000 Fireworks

Displays and Search and Rescue

Demonstrations, Port of New York/New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish four temporary safety zones for

fireworks displays located on New York

Harbor, the East River, and Hudson

River, and one temporary safety zone for

Search and Rescue demonstrations on

the Hudson River. This action is

necessary to provide for the safety of life

on navigable waters during the events.

This action is intended to restrict vessel

traffic in portions of New York Harbor,

the East River, and the Hudson River.

DATES: Comments and related material

must reach the Coast Guard on or before

May 31, 2000.

ADDRESSES: You may mail comments

and related material to Waterways

Oversight Branch (CGD01–00–009),

Coast Guard Activities New York, 212

Coast Guard Drive, room 205, Staten

Island, New York 10305. The

Waterways Oversight Branch of Coast

Guard Activities New York maintains

the public docket for this rulemaking.

Comments and material received from

the public, as well as documents

indicated in this preamble as being

available in the docket, will become part

of this docket and will be available for

inspection or copying at room 205,

Coast Guard Activities New York,

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.