This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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REGISTER issue of each week.

Rules and Regulations Federal Register

3583

Vol. 65, No. 15

Monday, January 24, 2000

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–SW–72–AD; Amendment

39–11523; AD 99–26–04]

RIN 2120–AA64

Airworthiness Directives; Kaman

Aerospace Corporation Model K1200

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Emergency Priority Letter

Airworthiness Directive (AD) 99–26–04,

which was sent previously to all known

U.S. owners and operators of Kaman

Aerospace Corporation (Kaman) Model

K1200 helicopters by individual letters.

This AD requires, before the first flight

of each day, inspecting for clutch

assembly integrity. Replacing any

unairworthy clutch assembly with an

airworthy clutch assembly is required

before further flight. This amendment is

prompted by two incidents of engine

adapter flange failure and loss of power

to the main rotors. The actions specified

by this AD are intended to prevent

failure of the engine adapter flange, loss

of power to the main rotors, and a

subsequent forced landing.

DATES: Effective February 8, 2000, to all

persons except those persons to whom

it was made immediately effective by

Emergency Priority Letter AD 99–26–04,

issued on December 8, 1999, which

contained the requirements of this

amendment.

Comments for inclusion in the Rules

Docket must be received on or before

March 24, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 99–SW–72–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT:

Wayne E. Gaulzetti, Aerospace

Engineer, FAA, Boston Aircraft

Certification Office, 12 New England

Executive Park, Burlington, MA 01803,

telephone (781) 238–7156, fax (781)

238–7199.

SUPPLEMENTARY INFORMATION: On

December 8, 1999, the FAA issued

Emergency Priority Letter AD 99–26–04,

applicable to Kaman Model K1200

helicopters, which requires, before the

first flight of each day, inspecting for

clutch assembly integrity. Replacing any

unairworthy clutch assembly with an

airworthy clutch assembly is required

before further flight. That action was

prompted by two incidents of engine

adapter flange failure and loss of power

to the main rotors. One incident

resulted in autorotation into trees with

resulting loss of main rotor blades. The

second incident resulted in a forced

autorotation and damage to the nose

landing gear. Subsequent investigation

revealed that internal transmission

clutch damage caused an engine adapter

flange failure. This condition, if not

corrected, could result in failure of the

engine adapter flange, loss of power to

the main rotors, and a subsequent forced

landing.

The FAA has reviewed Kaman K–

1200 K–MAX Maintenance Manual

Temporary Revision (TR) No. 284, dated

November 5, 1999, which revises the

procedures for engine area daily

inspections and TR No. 289, dated

November 12, 1999, which describes the

method of inspecting the transmission

assembly.

Since the unsafe condition described

is likely to exist or develop on other

Kaman Model K1200 helicopters of the

same type design, the FAA issued

Emergency Priority Letter AD 99–26–04

to prevent failure of the engine adapter

flange, loss of power to the main rotors,

and a subsequent forced landing. The

AD requires, before the first flight of

each day, inspecting for clutch assembly

integrity. Replacing any unairworthy

clutch assembly with an airworthy

clutch assembly is required before

further flight. The short compliance

time involved is required because the

previously described critical unsafe

condition can adversely affect the

structural integrity of the helicopter.

Therefore, inspecting for clutch

assembly integrity before the first flight

of each day and replacing any

unairworthy clutch assembly is required

prior to further flight, and this AD must

be issued immediately.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

letters issued on December 8, 1999 to all

known U.S. owners and operators of

Kaman Model K1200 helicopters. These

conditions still exist, and the AD is

hereby published in the Federal

Register as an amendment to section

39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective to all persons.

The FAA estimates that 21 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately 1

work hour per helicopter to inspect the

clutch assembly and 5 work hours per

helicopter to replace the clutch

assembly, if necessary. The average

labor rate is $60 per work hour.

Required parts, if replacement of a

clutch assembly is necessary, will cost

approximately $16,000 per helicopter.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $459,500 per year,

assuming 300 clutch assembly

inspections, per helicopter, per year,

and replacement of 5 unairworthy

clutch assemblies.

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

3584 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Rules and Regulations

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

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 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. 99–SW–72–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 99–26–04 Kaman Aerospace

Corporation: Amendment 39–11523.

Docket No. 99–SW–72–AD.

Applicability: Model K–1200 helicopters,

with clutch assembly, part number (P/N)

K974002–701, installed, 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 (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 before the first flight

of each day.

To prevent failure of the engine adapter

flange, loss of power to the main rotors, and

a subsequent forced landing, accomplish the

following:

(a) Inspect the integrity of the clutch

assembly, in a location where background

noise would not hinder evaluation, by firmly

and uniformly rotating the Kaflex shaft in the

anti-rotating direction (counter-clockwise

looking forward) while maintaining hand

contact. The anti-rotation speed should be

approximately one-fourth to one-half

revolution per second. An unairworthy

clutch will feel rough with a continuous dry

‘‘raspy’’ feel and sound, or it may feel as

though the clutch has heavy detents or

‘‘catches’’ on the interior surface that impede

the free rotary motion.

(b) Remove any unairworthy clutch

assembly, P/N K974002–701, before further

flight and replace with an airworthy clutch

assembly.

Note 2: Kaman K–1200 K–MAX

Maintenance Manual Temporary Revision

(TR) No. 284, dated November 5, 1999, which

revises the procedures for engine area daily

inspections and TR No. 289, dated November

12, 1999, which describes the method of

inspecting the transmission assembly, pertain

to the subject of this AD.

(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, Boston

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, Boston Aircraft Certification Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Boston Aircraft

Certification Office.

(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 helicopter

to a location where the requirements of this

AD can be accomplished.

(e) This amendment becomes effective on

February 8, 2000, to all persons except those

persons to whom it was made immediately

effective by Emergency Priority Letter AD

99–26–04, issued December 8, 1999, which

contained the requirements of this

amendment.

Issued in Fort Worth, Texas, on January 13,

2000.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–1642 Filed 1–21–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 801

[Docket No. 99N–4955]

Amendment of Various Device

Regulations to Reflect Current

American Society for Testing and

Material Citations

AGENCY: Food and Drug Administration,

HHS.

ACTION: Direct final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending

certain references in various medical

device regulations. The amendments

update the references in those

regulations to various standards of the

American Society for Testing and

Materials (ASTM) to reflect the current

standards designations. Elsewhere in

this issue of the Federal Register, FDA

is publishing a companion proposed

rule, under FDA’s usual procedures for

notice-and-comment, to provide a

procedural framework to finalize the

rule in the event that the agency

receives any significant adverse

comment and withdraws the direct final

rule.

DATES: The rule is effective June 7, 2000.

Submit written comments on or before