Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations 3801

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

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 the following new airworthiness

directive:

2000–02–04 Airbus Industrie: Amendment

39–11522. Docket 2000–NM–09-AD.

Applicability: Airbus Model A300 series

airplanes, having manufacturer’s serial

number 159, 168, 188, 202, 205, 213, 299, or

302; and all Model A300–600 and A310

series airplanes; certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes 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 (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 a sudden change in pitch due

to an out-of-trim condition combined with an

autopilot disconnect, which could result in

reduced controllability of the airplane,

accomplish the following:

Pitch Trim System Test

(a) Within 20 days after the effective date

of this AD: Perform a pitch trim system test

to detect any continuity defect in the

autotrim function, in accordance with All

Operators Telex (AOT) A300–22A0115 (for

Model A300 series airplanes), A300–600–

22A6042 (for Model A300–600 series

airplanes), or A310–22A2053 (for Model

A310 series airplanes), all dated December

23, 1999, as applicable.

(1) If no continuity defect is found, no

further action is required by this paragraph.

Corrective Actions

(2) If any continuity defect is found, prior

to further flight, accomplish the actions

required by paragraphs (a)(2)(i) and (a)(2)(ii)

of this AD, in accordance with the applicable

AOT.

(i) Repair any discrepant wiring found in

the pitch trim system.

(ii) Repeat the initial pitch trim system test

required by paragraph (a) of this AD.

Note 2: All Operators Telexes (AOT) A300–

22A0115, A300–600–22A6042, and A310–

22A2053, all dated December 23, 1999,

reference Aircraft Schematic Manual (ASM)

22–27–00 as an additional source of service

information to accomplish the repair.

Reporting Requirement

(b) Within 10 days after accomplishing the

pitch trim system test required by this AD,

or within 10 days after the effective date of

this AD, whichever occurs later: Submit a

report of the inspection results (both positive

and negative findings) to Airbus Customer

Services, Engineering and Technical Support,

Attention Mr. Vincent Frayssinet, AI/SE–E43;

phone number 33 (0)5.62.11.04.96; Sita Code

TLSBQ7X.

Alternative Methods of Compliance

(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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Special Flight Permits

(d) 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 airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(e) The actions shall be done in accordance

with Airbus All Operators Telex A300–

22A0115, dated December 23, 1999; Airbus

All Operators Telex A300–600–22A6042,

dated December 23, 1999; or Airbus All

Operators Telex A310–22A2053, dated

December 23, 1999; as applicable. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from Airbus

Industrie, 1 Rond Point Maurice Bellonte,

31707 Blagnac Cedex, France. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 4: The subject of this AD is addressed

in French airworthiness directive T2000–

007–301(B), dated January 4, 2000.

(f) This amendment becomes effective on

February 9, 2000.

Issued in Renton, Washington, on January

18, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–1595 Filed 1–24–00; 8:45 am]

BILLING CODE 4913–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–351–AD; Amendment

39–11521; AD 2000–02–03]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–300, –400, and –500 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 737–

300, –400 and –500 series airplanes, that

requires replacement, with new parts, of

the existing actuators or the rod ends on

the existing actuators at wing leading

edge slat positions 1, 2, 5, and 6. This

amendment is prompted by reports

indicating that the rod ends on several

leading edge slat actuators have

fractured. The actions specified by this

AD are intended to prevent fatigue

cracking of the rod ends of the leading

edge slat actuators, which could result

in uncommanded deployment of the

wing leading edge slat and consequent

reduced controllability of the airplane.

DATES: Effective February 29, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of February

29, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

3802 Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Robert C. Jones, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Transport Airplane

Directorate, Seattle Aircraft Certification

Office, 1601 Lind Avenue SW., Renton,

Washington 98055–4056; telephone

(425) 227–1118; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Boeing Model

737–300, –400 and –500 series airplanes

was published in the Federal Register

on August 19, 1999 (64 FR 45211). That

action proposed to require replacement,

with new parts, of the existing actuators

or the rod ends on the existing actuators

at wing leading edge slat positions 1, 2,

5, and 6.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

One commenter supports the

proposed rule.

Request To Reference New Revision of

Alert Service Bulletin

One commenter requests that the FAA

revise the proposed rule to reference

Boeing Alert Service Bulletin 737–

27A1211, Revision 1, dated December 9,

1999, as an appropriate source of service

information for accomplishment of the

actions specified by the proposal. The

proposed AD referenced the original

issue of the alert service bulletin, dated

November 19, 1998. The commenter

states that referencing the revised alert

service bulletin will minimize the

amount of rework and parts necessary

for airplanes that have received a certain

other modification.

The FAA concurs with the

commenter’s request. The FAA has

reviewed and approved Boeing Alert

Service Bulletin 737–27A1211, Revision

1. The instructions contained in

Revision 1 of the alert service bulletin

are substantially similar to those in the

original issue of the alert service

bulletin, but Revision 1 adds references

to new part numbers and kits that will

provide new alternatives for compliance

with this AD. In addition, as the

commenter states, Revision 1 of the alert

service bulletin provides alternative

procedures for accomplishing the

replacement on airplanes that have

received a certain other modification.

Therefore, paragraph (a) of this final

rule has been revised to state that

replacement of existing actuators or rod

ends with new parts may be

accomplished in accordance with either

the original issue or Revision 1 of the

alert service bulletin.

Explanation of Additional Change

The SUMMARY section of the preamble

of the proposed rule incorrectly states

that the proposed AD would be

applicable to all Boeing Model 737–300,

–400, and –500 series airplanes.

However, the applicability statement of

the proposal correctly states that the

proposed AD would be applicable to

Boeing Model 737–300, –400, and –500

series airplanes having line numbers

1001 through 3063 inclusive.

Accordingly, the SUMMARY section of

this final rule has been corrected to state

that this AD applies to certain Boeing

Model 737–300, –400 and –500 series

airplanes.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

There are approximately 1,897 Model

737–300, –400, and –500 series

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

720 airplanes of U.S. registry will be

affected by this AD.

Replacement of the leading edge slat

actuator with an actuator that has a new

rod end is one option for compliance

with this AD. Replacement of the

actuators on slat positions 1, 2, 5, and

6 will take approximately 3 hours per

airplane to accomplish, at an average

labor rate of $60 per work hour.

Required parts will cost approximately

$32,252 per airplane. Based on these

figures, the cost impact of the

installation of actuators with new rod

ends, as provided as one option by this

AD, on U.S. operators is estimated to be

$32,432 per airplane.

In lieu of installation of an actuator

with a new rod end, this AD provides

an option for replacement of the rod

ends on the existing actuators. This

action will take approximately 4 work

hours per airplane, at an average labor

rate of $60 per work hour. Required

parts will cost between approximately

$5,928 and $21,544 per airplane. Based

on these figures, the cost impact of the

replacement of the rod ends, as

provided as one option by this AD, on

U.S. operators is estimated to be

between $6,168 and $21,784 per

airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

Regulatory Impact

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.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

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

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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, Incorporation by reference,

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 the following new airworthiness

directive:

2000–02–03 Boeing: Amendment 39–11521.

Docket 98–NM–351–AD.

Applicability: Model 737–300, –400, and

–500 series airplanes; line numbers 1001

Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations 3803

through 3063 inclusive; certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes 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 (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 fatigue cracking of the rod ends

on the leading edge slat actuators, which

could result in uncommanded deployment of

the wing leading edge slat and consequent

reduced controllability of the airplane,

accomplish the following:

Replacement

(a) Within 24 months after the effective

date of this AD: Replace the leading edge slat

actuator with an actuator that has a new rod

end, or replace the rod end on the existing

slat actuator with a new rod end, at slat

positions 1, 2, 5, and 6; in accordance with

the Accomplishment Instructions in Boeing

Alert Service Bulletin 737–27A1211, dated

November 19, 1998, or Revision 1, dated

December 9, 1999.

Spares

(b) As of the effective date of this AD, no

person shall install any part having a part

number identified in the ‘‘Existing Part

Number’’ column of Section 2.E. of Boeing

Alert Service Bulletin 737–27A1211, dated

November 19, 1998, on any airplane.

Alternative Methods of Compliance

(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, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permits

(d) 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 airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(e) The actions shall be done in accordance

with Boeing Alert Service Bulletin 737–

27A1211, dated November 19, 1998; or

Boeing Alert Service Bulletin 737–27A1211,

Revision 1, dated December 9, 1999. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from Boeing

Commercial Airplane Group, P.O. Box 3707,

Seattle, Washington 98124–2207. Copies may

be inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(f) This amendment becomes effective on

February 29, 2000.

Issued in Renton, Washington, on January

18, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–1596 Filed 1–24–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 162, 171 and 191

[T.D. 00–5]

RIN 1515–AC21

Penalties for False Drawback Claims

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document adopts as a

final rule, with some changes, proposed

amendments to the Customs Regulations

that implement section 622 of the

Customs Modernization provisions of

the North American Free Trade

Agreement Implementation Act

concerning penalties for false drawback

claims. The document sets forth:

procedures that apply when false

drawback claims are filed and penalties

are thereby incurred; mitigation

guidelines that Customs would follow

in arriving at a just and reasonable

assessment and disposition of liabilities

when false drawback claims are filed

and penalties are incurred; and more

specific grounds and procedures for

removing a participant from the

drawback compliance program.

EFFECTIVE DATE: February 24, 2000.

FOR FURTHER INFORMATION CONTACT:

Wende Schuster, Penalties Branch,

Office of Regulations and Rulings, 202–

927–1537.

SUPPLEMENTARY INFORMATION:

Background

On December 8, 1993, the President

signed into law the North American

Free Trade Agreement Implementation

Act (Public Law 103–182, 107 Stat.

2057). Title VI of that Act contained

provisions pertaining to Customs

Modernization and thus is commonly

referred to as the Customs

Modernization Act or ‘‘Mod Act.’’

Paragraph (a) of section 622 of the Mod

Act amended the Tariff Act of 1930, as

amended, by adding section 593A,

which prohibits the filing of false

(fraudulent or negligent) drawback

claims and prescribes the actions that

Customs may take, including the

assessment of monetary penalties, if

such claims are filed. New section 593A

was codified as section 1593a of Title 19

of the United States Code (19 U.S.C.

1593a, hereinafter ‘‘the statute’’).

As in the case of penalties under

section 592 of the Tariff Act of 1930, as

amended (19 U.S.C. 1592), specific

procedures and other requirements are

set forth in the statute for prepenalty

notices and penalty claims, the former

not being required by the statute if the

penalty is $1,000 or less, and provision

is made for limited penalty assessment

if there is a prior disclosure. The statute

further provides for the applicability of

section 618 of the Tariff Act of 1930, as

amended (19 U.S.C. 1618), which

authorizes the administrative remission

or mitigation of penalties. Written

decisions, setting forth a final

determination and findings of fact and

conclusions of law upon which that

determination was based, are also

mandated by the statute.

The statute provides for the

assessment of monetary penalties in

amounts not to exceed a specific

percentage of the actual or potential loss

of revenue, with the applicable

percentage depending on the level of

culpability, whether there have been

prior violations involving the same

issue, and whether the violator is a

participant in the Customs drawback

compliance program. (The statute

provides for the establishment of a

drawback compliance program;

regulatory provisions relating to the

operation of that program were adopted

as part of the amendments to the

Customs Regulations regarding

drawback published in the Federal

Register as T.D. 98–16 on March 5,

1998, 63 FR 10970.) The statute also

provides for the issuance of a notice of

a violation (warning letter) in lieu of a

monetary penalty in the case of a

drawback compliance program

participant who commits a first (that is,

nonrepetitive) negligent violation.

On September 29, 1998, Customs

published a Notice of Proposed

Rulemaking in the Federal Register (63

FR 51868) setting forth proposed