Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Proposed Rules 35869

falsely made, issued, altered, forged, or

counterfeited mark or identification;

(vii) Has applied the designation

‘‘USDA Accepted Equipment’’, ‘‘AMS

Accepted Equipment’’, ‘‘USDA

Approved Equipment’’, ‘‘AMS

Approved Equipment’’, ‘‘Approved By

USDA’’, ‘‘Approved By AMS’’,

‘‘Accepted By USDA’’, ‘‘Accepted By

AMS’’, ‘‘USDA Approved’’, ‘‘USDA

Accepted’’, ‘‘AMS Approved’’, ‘‘AMS

Accepted’’, or any other variation of

wording which states or implies official

sanction by the United States

Department of Agriculture by stamp, or

brand directly on any equipment or

utensil, or used as part of any

promotional materials which has not

been inspected and deemed in

compliance with this subpart; or,

(viii) Has in any manner not specified

in this paragraph violated subsection

203(h) of the AMA: Provided, That

paragraph (a)(1)(vi) of this section shall

not be deemed to be violated if the

person in possession of any item

mentioned therein notifies the Deputy

Administrator or Chief without such

delay that such person has possession of

such item and, in the case of an official

identification, surrenders it to the Chief,

and, in the case of any other item,

surrenders it to the Deputy

Administrator or Chief or destroys it or

brings it into compliance with the

regulations by obliterating or removing

the violative features under supervision

of the Deputy Administrator or Chief:

And provided further, That paragraphs

(a)(1) (ii) through (vii) of this section

shall not be deemed to be violated by

any act committed by any person prior

to the making of an application of

service under the regulations by the

principal person. An application or a

request for service may be rejected or

the benefits of the service may be

otherwise denied to, or withdrawn from,

any person who operates an

establishment for which such person

has made application for service if, with

the knowledge of such operator, any

other person conducting any operations

in such establishment has committed

any of the offenses specified in

paragraphs (a)(1) (i) through (vii) of this

section after such application was made.

Moreover, an application or a request

for service made in the name of a person

otherwise eligible for service under the

regulations may be rejected, or the

benefits of the service may be otherwise

denied to, or withdrawn from, such a

person.

(A) In case the service is or would be

performed at an establishment operated:

(1) By a corporation, partnership, or

other person from whom the benefits of

the service are currently being withheld

under this paragraph, or

(2) By a corporation, partnership, or

other person having an officer, director,

partner, or substantial investor from

whom the benefits of the service are

currently being withheld and who has

any authority with respect to the

establishment where service is or would

be performed; or

(B) In case the service is or would be

performed with respect to any product

in which any corporation, partnership,

or other person within paragraph

(a)(1)(viii)(A)(1) of this section has a

contract or other financial interest.

(2) Procedure. All cases arising under

this paragraph shall be conducted in

accordance with the Rules of Practice

Governing Formal Adjudicatory

Proceedings Instituted by the Secretary

Under Various Statutes set forth in 7

CFR §§ 1.130 through 1.151 and the

Supplemental Rules of Practice in part

50, 7 CFR § 50.1 et seq.

(b) Filing of records. The final orders

in formal proceedings under paragraph

(a) of this section to deny or withdraw

the service under the regulations (except

orders required for good cause to be

held confidential and not cited as

precedents) and other records in such

proceedings (except those required for

good cause to be held confidential) shall

be filed with the Hearing Clerk and shall

be available for inspection by persons

having a proper interest therein.

§ 54.1033 Confidential treatment.

Every design review specialist

providing service under these

regulations shall keep confidential all

information secured and not disclose

such information to any person except

an authorized representative of the

Department.

§ 54.1034 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

The following control number has

been assigned to the information

collection requirements in 7 CFR Part

54, Subpart C, by the Office of

Management and Budget pursuant to the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35).

7 CFR section where requirements are described

Current

OMB

control No.

54.1008(a) ............................ 0581–0126

54.1017 ................................. 0581–0126

54.1018(e) ............................ 0581–0126

54.1019 ................................. 0581–0126

54.1020 ................................. 0581–0126

54.1021 ................................. 0581–0126

Dated: June 1, 2000.

Barry L. Carpenter,

Deputy Administrator, Livestock and Seed

Program.

[FR Doc. 00–14113 Filed 6–5–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–03–AD]

Airworthiness Directives; MD

Helicopters, Inc. Model MD–900

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) for MD Helicopters, Inc.

(MDHI) Model MD–900 helicopters. The

AD would require modifying the nonrotating swashplate assembly and reidentifying it and the swashplate

assembly with a new part number (P/N).

The AD would also require creating a

component history card or equivalent

record to track the life of the newly

identified non-rotating swashplate

assembly and establishing a life limit of

1800 hours time-in-service (TIS). In

addition, the AD would require

inspecting and modifying, if necessary,

the longitudinal drive link assembly.

This proposal is prompted by reports of

damage to the longitudinal drive link

assembly caused by the sharp inner

edge of the bushing in the non-rotating

swashplate assembly. The actions

specified by the proposed AD are

intended to prevent damage to the

longitudinal drive link, loss of control of

the main rotor system, and subsequent

loss of control of the helicopter.

DATES: Comments must be received on

or before August 7, 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–

03–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.

35870 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: Greg

DiLibero, Aviation Safety Engineer,

FAA, Los Angeles Aircraft Certification

Office, Airframe Branch, 3960

Paramount Blvd., Lakewood, California

90712, telephone (562) 627–5231, fax

(562) 627–5210.

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–

03–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–03–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

Discussion

This document proposes the adoption

of a new AD for MDHI Model MD–900

helicopters, serial numbers 0008

through 0068. The AD would require

modifying the non-rotating swashplate

and re-identifying it and the swashplate

assembly with a new P/N. The AD

would also require creating or

modifying the existing component

history card or equivalent record to

track the life of the newly identified

non-rotating swashplate assembly and

establishing a life limit of 1800 hours

TIS. In addition, the AD would require

inspecting and modifying, if necessary,

the longitudinal drive link assembly.

This proposal is prompted by reports of

damage to the longitudinal drive link

assembly. The damage is caused by the

small clearance between the nonrotating swashplate bushing and the

longitudinal drive link combined with

the sharp outer edges of the non-rotating

swashplate bushing. This condition, if

not corrected, could result in damage to

the longitudinal drive link, loss of

control of the main rotor system, and

subsequent loss of control of the

helicopter.

The FAA has reviewed MDHI Service

Bulletin SB900–071, dated January 10,

2000 (SB), which describes procedures

for reworking of the bushing in the nonrotating swashplate assembly, reidentifying the swashplate and the nonrotating swashplate assemblies, and

inspecting and repairing the

longitudinal drive link assembly.

Since an unsafe condition has been

identified that is likely to exist or

develop on other MDHI Model MD–900

helicopters of the same type design, the

proposed AD would require the

following:

• Within the next 100 hours TIS or 3

months, whichever occurs first,

• Modify the non-rotating swashplate

assembly, P/N 900C2010192–111

and reidentify as P/N

900C2010192–113 after

modification;

• Re-identify swashplate assembly, P/N

900C1010004–125, as P/N

900C1010004–127;

• Create or modify the existing

component history card or

equivalent record to track the life of

the newly identified non-rotating

swashplate assembly, P/N

900C2010192–113, including the

hours TIS accumulated when it was

identified as P/N 900C2010192–

111;

• Visually and dye-penetrant inspect

and modify, if necessary, the

longitudinal drive link assembly, P/

N 900C2010212–101.

• Establish a life limit of 1800 hours TIS

for the non-rotating swashplate

assembly, P/N 900C2010192–113.

The actions would be required to be

accomplished in accordance with the

SB described previously.

The FAA estimates that 28 helicopters

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 2 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 $1164 per

helicopter. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be

$35,952.

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

adding a new airworthiness directive to

read as follows:

MD Helicopters Inc.: Docket No. 2000–SW–

03–AD

Applicability: Model MD–900 helicopters,

serial numbers 0008 through 0068,

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

Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Proposed Rules 35871

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (c) 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 damage to the longitudinal

drive link, loss of control of the main rotor

system, and subsequent loss of control of the

helicopter, accomplish the following:

(a) Within the next 100 hours time-inservice (TIS) or 3 months, whichever occurs

first:

(1) Modify the non-rotating swashplate

assembly, part number (P/N) 900C2010192–

111, in accordance with the Accomplishment

Instructions, paragraphs 2.A.(1). and 2.A.(2).,

of MD Helicopters (MDHI) Service Bulletin

SB900–071, dated January 10, 2000 (SB).

(2) Re-identify swashplate assembly, P/N

900C1010004–125, as P/N 900C1010004–127,

and non-rotating swashplate assembly, P/N

900C2010192–111, as P/N 900C2010192–113

using contrasting color permanent ink. When

the ink is dry, apply varnish over the P/N.

(3) Create or modify the existing

component history card or equivalent record

to track the life of the non-rotating

swashplate assembly, P/N 900C2010192–113.

Include the hours TIS accumulated when

P/N 900C2010192–113 was identified as P/N

900C2010192–111.

(4) Visually and dye-penetrant inspect the

longitudinal drive link assembly, P/N

900C2010212–101, for gouging and cracking

in accordance with the Accomplishment

Instructions, paragraph 2.B.(1). and 2.B.(2). of

the SB except that returning scrap parts to

MDHI is not required by this AD.

(i) If a crack is found, before further flight,

replace the longitudinal drive link assembly,

P/N 900C2010212–101, with an airworthy

longitudinal drive link assembly.

(ii) If gouging is found, modify the

longitudinal drive link assembly, P/N

900C2010212–101, in accordance with the

Accomplishment Instructions, paragraph

2.B.(3). of the SB.

(b) This AD revises the Airworthiness

Limitations Section of the applicable

maintenance manual by establishing a

retirement life of 1800 hours TIS for the nonrotating swashplate assembly, P/N

900C2010192–113.

(c) 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.

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 2: 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.

(d) 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.

Issued in Fort Worth, Texas, on May 25,

2000.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–14195 Filed 6–5–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

Correction to the Florida Keys National

Marine Sanctuary Regulations

AGENCY: National Marine Sanctuaries

Program (NMSP), National Ocean

Service (NOS), National Oceanic and

Atmospheric Administration (NOAA),

Department of Commerce (DOC).

ACTION: Proposed rule; correction

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA) is

adding language to a Proposed Rule

concerning the Florida Keys National

Marine Sanctuary (Docket No.

0005100129–0120–01) that was

published in the Federal Register on

May 18, 2000 (Volume 65, Number 97,

Pages 31633–31680), to provide

additional information in response to

the requirements of the Paperwork

Reduction Act.

DATES: Comments on this correction

may be submitted with comments on

the proposed rule which will be

considered if received by July 31, 2000.

ADDRESSES: Written comments must be

submitted to Sanctuary Superintendent,

Florida Keys National Marine

Sanctuary, P.O. Box 500368, Marathon,

Florida, 33050. Comments may also be

sent by facsimile to: (305) 743–2357.

Comments will not be considered if

submitted by e-mail or internet.

FOR FURTHER INFORMATION CONTACT:

Billy Causey, Sanctuary Superintendent,

at (305) 743–2437.

SUPPLEMENTARY INFORMATION: The

following new paragraph is to be added

to the second paragraph in the

classification section for the Paperwork

Reduction Act, on page 31670:

‘‘Collection-of-information

requirements for certification of

preexisting leases, licenses, permits,

approvals, or other authorizations in

National Marine Sanctuaries, have been

approved under OMB #0648–0141. The

proposed rule would apply the

certification requirement of Section

922.168 to holders of preexisting leases,

licenses, permits, approvals, or other

authorizations, in the boundary

expansion area of the Tortugas

Ecological Reserve. The estimated

response time for this requirement is 30

minutes.’’

In addition, the following language is

to be added to the end of the

classification section for the Paperwork

Reduction Act, also at page 31670:

‘‘Send comments on these or any

other aspects of the collection of

information to Billy Causey, Sanctuary

Superintendent, Florida Keys National

Marine Sanctuary, P.O. Box 500368,

Marathon, Florida, 33050; and to OMB

at the Office of Information and

Regulatory Affairs, Office of

Management and Budget, Washington,

D.C., 20503 (Attention: NOAA Desk

Officer).’’

Authority: DSEIS/SMP is developed

pursuant to section 304(a)(2) of the NMSA,

16 U.S.C. Sec. 1434(a)(2), consistent with,

and in fulfillment of, the requirements of the

National Environmental Policy Act of 1969.

(Federal Domestic Assistance Catalog

Number 11.429 Marine Sanctuary Program)

Dated: June 1, 2000.

Ted Lillestolen,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

[FR Doc. 00–14116 Filed 6–1–00; 2:40 pm]

BILLING CODE 3510–08–M

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 9

[Notice No. 898]

RIN 1512–AA07

Proposal to Revise the Boundary of

the Walla Walla Valley Viticultural Area

and the Eastern Boundary of the

Columbia Valley Viticultural Area (99R–

141P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Bureau of Alcohol,

Tobacco and Firearms (ATF) is

proposing to extend the boundary of the

Walla Walla Valley viticultural area.

This proposal is the result of petitions

filed by growers and winemakers

located within the existing area and in