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

Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations 31261

the Customs territory of the United

States.

EFFECTIVE DATE: May 17, 2000.

FOR FURTHER INFORMATION CONTACT:

William G. Rosoff, Duty and Refund

Determination Branch, (202–927–2077).

SUPPLEMENTARY INFORMATION:

Background

Duty-free sales enterprises, also

known as duty-free stores, are Customs

bonded class 9 warehouses that operate

under special procedures that allow

merchandise to be offered for sale to

departing travelers without payment of

Customs duties and taxes, on condition

that the merchandise they purchase will

be exported by and with them from the

Customs territory of the United States.

The statutory authority under which

duty-free stores operate is found in 19

U.S.C. 1555(b). The regulations that

implement procedures for the

administration of these facilities are

contained in §§ 19.35 through 19.39 of

the Customs Regulations (19 CFR 19.35–

19.39).

The Miscellaneous Trade and

Technical Corrections Act of 1999, Pub.

L. 106–36, 113 Stat. 127 (June 25, 1999)

(MTTCA), amended a number of

Customs laws, including the provision

relating to duty-free stores (19 U.S.C.

1555(b)). Specifically, section 2417 of

the MTTCA amended section 1555(b) to

expand upon the places where a dutyfree store could properly be located in

the United States.

Location of a Duty-Free Store; Prior

Law

Section 1555(b) previously required

that a duty-free store be located within

the port of entry from which a purchaser

of duty-free store merchandise departs

from the Customs territory of the United

States, or within 25 statute miles of the

exit point from which the purchaser

departs from the Customs territory.

Section 19.35(b) repeats this

requirement regarding the permissible

location of a duty-free store.

Location of a Duty-Free Store;

Amended Law

Section 2417 of the MTTCA amended

19 U.S.C. 1555(b) to allow a duty-free

store to be located anywhere within a

staffed, Customs-defined port of entry,

or within 25 statute miles of a staffed

port of entry, whether or not it is the

same port through which a purchaser of

duty-free store merchandise will depart

from the Customs territory of the United

States, provided that the purchaser will

depart through an international airport

located in the Customs territory (19

U.S.C. 1555(b)(2)(C)). As such, the dutyfree store that is the subject of the

amendment must be an airport store as

defined in 19 U.S.C. 1555(b)(8)(A).

As is already the case under the law,

the Customs Service, before authorizing

a duty-free store at such a location, must

conclude that reasonable assurance has

been provided that merchandise

purchased at the store will be exported

from the Customs territory. To this end,

a duty-free store that is an airport store

must establish procedures that provide

reasonable assurance that merchandise

sold by the store will be exported from

the Customs territory through an

international airport located within the

Customs territory (19 U.S.C.

1555(b)(2)(C), (3)(A) and (8)(A); 19 CFR

19.36(b); see also 19 CFR 19.36(f) and

19.39(c)).

The statutory amendment was

intended to create additional

opportunities for duty-free stores to

increase sales by increasing the

locations where international travelers

departing from the United States may

make duty-free store purchases.

Accordingly, § 19.35(b), Customs

Regulations, is amended to conform to

the statutory amendment by providing

that an airport store may also be located

within any staffed port of entry, or

within 25 statute miles of a staffed port.

Regulatory Flexibility Act, Executive

Order 12866 and Inapplicability of

Public Notice and Comment and

Delayed Effective Date Requirements

Because the amendment in this final

rule merely conforms the Customs

Regulations to law, notice and public

procedure are inapplicable and

unnecessary pursuant to 5 U.S.C.

553(b)(B), and, pursuant to 5 U.S.C.

553(d)(3), a delayed effective date is not

required. Because no notice of proposed

rulemaking is required, it is not subject

to the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

Nor does the amendment result in a

‘‘significant regulatory action’’ under

E.O. 12866.

List of Subjects in 19 CFR Part 19

Customs duties and inspection,

Exports, Imports, Reporting and

recordkeeping requirements,

Warehouses.

Amendment to the Regulations

Part 19, Customs Regulations (19 CFR

part 19), is amended as set forth below.

PART 19—CUSTOMS WAREHOUSES,

CONTAINER STATIONS, AND

CONTROL OF MERCHANDISE

THEREIN

1. The general authority citation for

part 19 and the relevant sectional

authority citation continue to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202

(General Note 20, Harmonized Tariff

Schedule of the United States), 1624.

* * * * *

Sections 19.35–19.39 also issued under 19

U.S.C. 1555;

* * * * *

2. Section 19.35 is amended by

revising paragraph (b) to read as follows:

§ 19.35 Establishment of duty-free stores

(Class 9 warehouses).

* * * * *

(b) Location. A duty-free store (class 9

warehouse) may be established or

located only:

(1) Within the same port of entry from

which a purchaser of duty-free store

merchandise departs the Customs

territory;

(2) Within 25 statute miles from the

exit point through which a purchaser of

duty-free store merchandise departs the

Customs territory; or

(3) In the case of an airport store,

within any staffed port of entry, or

within 25 statute miles from any staffed

port of entry.

* * * * *

Raymond W. Kelly,

Commissioner of Customs.

Approved: March 30, 2000.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–12367 Filed 5–16–00; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 24, 159 and 174

[T.D. 00–32]

RIN 1515–AB76

Interest on Underpayments and

Overpayments of Customs Duties,

Taxes, Fees and Interest

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document adopts as a

final rule interim amendments to the

Customs Regulations which conformed

those regulations to existing statutory

provisions and judicial precedent

regarding the assessment of interest due

to underpayments or overpayments to

Customs of duties, taxes and fees

pertaining to imported merchandise,

including interest on those duties, taxes

and fees. The majority of the conforming