Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations 31259

(f) 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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(g) 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.

(h) This amendment becomes effective on

June 21, 2000.

Note 4: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

AD’s 88–152–010(A)R5 and 88–153–

023(A)R5, both dated December 30, 1998.

Issued in Fort Worth, Texas, on May 9,

2000.

Henry A. Armstrong,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 00–12354 Filed 5–16–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–04–AD; Amendment

39–11730; AD 2000–10–06]

RIN 2120–AA64

Airworthiness Directives; MD

Helicopters Inc. Model MD900

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) for

MD Helicopters Inc. (MDHI) Model

MD900 helicopters. This action requires

visually inspecting the drive shaft to

determine the assembly part number

(P/N) and marking the drive shaft

assembly P/N and serial number (S/N)

on any unmarked drive shaft. This AD

also requires creating a component

history card or equivalent record for

certain drive shaft assemblies and

replacing any drive shaft assembly that

has reached its life limit. This

amendment is prompted by the

discovery of several drive shafts with no

assembly P/N marked on the part,

which could result in a drive shaft

remaining in service past its life limit.

The actions specified in this AD are

intended to prevent failure of the drive

shaft due to fatigue, which could result

in total loss of drive to the main rotor

hub and subsequent loss of control of

the helicopter.

DATES: Effective June 1, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

July 17, 2000.

ADDRESSES: Submit comments by mail

in triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

04–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.

FOR FURTHER INFORMATION CONTACT:

Elizabeth Bumann, Aviation Safety

Engineer, FAA, Los Angeles Aircraft

Certification Office, Propulsion Branch,

3960 Paramount Blvd., Lakewood,

California 90712–4137, telephone (562)

627–5265, fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: This

amendment adopts a new AD for MDHI

Model MD900 helicopters. On February

19, 1999, the FAA issued AD 99–05–08,

Amendment 39–11056 (64 FR 10209,

March 3, 1999), for MDHI Model MD900

helicopters to establish or reduce life

limits for various parts, including the

drive shaft assembly. That AD was

prompted by analysis that indicated a

need for establishing or reducing life

limits to avoid fatigue failure of certain

parts. Since issuance of that AD, several

drive shaft assemblies were found

without a P/N marked on the drive

shafts. This could result in the drive

shaft remaining in service past its life

limit since operators may mistakenly

use the subassembly P/N for

determining whether the life limit listed

in AD 99–05–08 applies. A drive shaft

in operation past its life limit could fail

due to fatigue. This condition, if not

corrected, could result in total loss of

drive to the main rotor hub and

subsequent loss of control of the

helicopter.

The FAA has reviewed MDHI Service

Bulletin (SB) SB900–062 R1, dated

December 16, 1999, which describes

procedures for visually inspecting the

drive shaft to determine the assembly

P/N and marking the drive shaft

assembly P/N and serial number (S/N)

on any unmarked drive shaft. The SB

also specifies creating component

history cards for certain drive shaft

assemblies, verifying the life limit, and

replacing the drive shaft assembly, if

necessary.

Since an unsafe condition has been

identified that is likely to exist or

develop on other MDHI Model MD900

helicopters of the same type design, this

AD is being issued to prevent failure of

the drive shaft. This AD requires

visually inspecting the drive shaft to

determine the assembly P/N and

marking the drive shaft assembly P/N

and S/N on any unmarked drive shaft.

This AD also requires creating

component history cards for certain

drive shaft assemblies and replacing the

drive shaft assembly if the drive shaft

assembly has reached its life limit. The

short compliance time involved is

required because the previously

described critical unsafe condition can

adversely affect controllability of the

helicopter. Therefore, the actions of this

AD are required prior to accumulating

1,450 hours time-in-service (TIS) on the

drive shaft or before further flight if TIS

equals or exceeds 1,450 hours, and this

AD must be issued immediately.

Since 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.

The FAA estimates that this AD will

affect 28 helicopters, that it will take

approximately 2 work hours to

accomplish the required actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $3,360.

Comments Invited

Although 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 should identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the 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.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

31260 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations

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.

Commenters wishing the FAA to

acknowledge receipt of their mailed

comments submitted in response to this

rule must submit a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Docket No. 2000–SW–

04–AD.’’ The postcard will be date

stamped and returned to the

commenter.

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.

The 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 ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, 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:

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

adding a new airworthiness directive to

read as follows:

AD 2000–10–06 MD Helicopters Inc.:

Amendment 39–11730. Docket No.

2000–SW–04–AD.

Applicability: Model MD900 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 failure of the drive shaft due to

fatigue, which could result in total loss of

drive to the main rotor hub and subsequent

loss of control of the helicopter; accomplish

the following:

(a) Before accumulating 1,450 hours timein-service (TIS), visually inspect the drive

shaft assembly to determine which part

number (P/N) is installed. If necessary,

remove the drive plate cover to access the

P/N located on the top edge of the drive shaft

assembly. If the number of hours TIS on the

drive shaft assembly is unknown, use the

total hours TIS on the helicopter.

Note 2: Do not confuse the P/N of the drive

shaft subassembly, P/N 900D2436028–101,

900D2436026–101, or 900D2436030–101 as

the P/N of the drive shaft assembly.

(1) If a drive shaft assembly, P/N

900D2436530–101, is installed, no further

action is required by this AD.

(2) If a drive shaft assembly other than P/

N 900D2436530–101 is installed and is not

marked with a P/N, before further flight, use

an indelible ink fine tip marking pen to mark

the following information on the edge of the

drive shaft assembly in line with the

engraved subassembly number:

(i) P/N 900D2436528–101 and the serial

number (S/N) of the drive shaft subassembly

if the subassembly is P/N 900D2436028–101.

When the ink dries, apply a clear coat over

the P/N and S/N, or

(ii) P/N 900D6400004–101 and the S/N of

the drive shaft subassembly if the

subassembly is P/N 900D2436026–101. When

the ink drives, apply a clear coat over the

P/N and S/N.

(b) For a drive shaft assembly with 1,450

or more hours TIS, before further flight,

accomplish paragraph (a) of this AD.

Note 3: MD Helicopters Inc. Service

Bulletin SB900–062 R1, dated December 16,

1999, applies to the subject of this AD.

(c) After accomplishing the requirements of

paragraph (a) of this AD, before further flight,

determine the hours TIS of the drive shaft

assembly. Record the hours TIS on a current

or newly created component history card or

equivalent record. If the drive shaft assembly

has reached or exceeded its life limit, replace

the drive shaft assembly with an airworthy

drive shaft assembly before further flight.

Note 4: The Airworthiness Limitations

Section, section 04, of the MD–900 Rotorcraft

Maintenance Manual (CSP–900RMM–2),

Revision 6, dated December 23, 1999,

pertains to the subject 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, Los

Angeles Aircraft Certification Office, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Los Angeles Aircraft

Certification Office.

Note 5: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles Aircraft

Certification Office.

(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.

(f) This amendment becomes effective on

June 1, 2000.

Issued in Fort Worth, Texas, on May 5,

2000.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–12353 Filed 5–16–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 19

[T.D. 00–33]

RIN 1515–AC53

Location of Duty-Free Stores

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations to conform with

the provisions of the Miscellaneous

Trade and Technical Corrections Act of

1999 regarding the permissible location

of a duty-free store. In addition to the

existing permissible locations, a dutyfree store that is an airport store as

defined in the law may also be located

in, or within 25 statute miles of, any

staffed port of entry, whether or not it

is the same port through which a

purchaser at the store will depart from