346 Federal Register / Vol. 65, No. 3 / Wednesday, January 5, 2000 / Rules and Regulations

Saudi Arabia, which is recognized by

the OIE as AHS free. The land border is

strictly controlled by the Government of

Qatar.

APHIS also evaluated Qatar’s

veterinary service infrastructure and the

animal health policies and

infrastructures for animal disease

control. Our review of information

submitted by Qatar indicates that these

infrastructures and policies are adequate

for disease control.

Both commenters stated that the

supplementary information that Qatar

submitted should have been made

available to the public for review.

Such information was available from

the person listed under FOR FURTHER

INFORMATION CONTACT. In addition, we

now publish on the Internet supporting

documentation provided by a region

when it requests a change in its disease

status; however, the request for Qatar

was submitted before these procedures

were in place. The Internet address is

http://www.aphis.usda.gov/vs/regrequest.html. This Internet address can

be accessed by the public. The public

may also call or write the individual

listed under FOR FURTHER INFORMATION

CONTACT.

Therefore, for the reasons given in the

proposed rule and in this document, we

are adopting the proposed rule as a final

rule, without change.

Effective Date

This is a substantive rule that relieves

restrictions and, pursuant to the

provisions of 5 U.S.C. 553, may be made

effective less than 30 days after

publication in the Federal Register.

This rule relieves restrictions that

require horses imported from Qatar to

enter the United States only at the port

of New York and be quarantined at the

New York Animal Import Center in

Newburgh, NY, for at least 60 days. This

rule allows horses from Qatar to be

shipped to and quarantined at ports

designated in § 93.303 and reduces the

quarantine period to an average of 3

days to meet the quarantine and testing

requirements specified in § 93.308.

Therefore, the Administrator of the

Animal and Plant Health Inspection

Service has determined that this rule

should be made effective less than 30

days after the date of publication in the

Federal Register.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

This final rule will recognize Qatar as

free of AHS. This action will allow

horses from Qatar to be shipped to and

quarantined at ports designated in

§ 93.303 and will reduce the quarantine

and testing period to an average of 3

days to meet quarantine requirements

specified in § 93.308.

U.S. importers of competition and

breeding horses from Qatar will be

affected by this rule. These importers

will no longer be required to quarantine

horses from Qatar for 60 days at the

New York Animal Import Center in

Newburgh, NY, at a cost of

approximately $5,296 per horse.

In 1998, the United States imported

41,876 horses, valued at $206 million.

However, there have been no horses

imported into the United States from

Qatar since 1992. Removing the

requirement for a 60-day quarantine for

horses from Qatar will make the

importation of these horses less

expensive and logistically easier. As a

result, we anticipate that U.S. importers

might begin importing horses from

Qatar. However, because the horse

population in Qatar in 1998 was

approximately 1,500 head, we do not

expect that the number of horses

exported to the United States will be

significant. In fact, in 1997, Qatar

exported only 10 horses. Furthermore,

most horses imported from Qatar will

probably be in the United States on a

temporary basis for particular events,

such as for races or breeding, and then

transported back to Qatar. For these

reasons, we anticipate the overall

economic effect on U.S. entites will be

minimal.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no information

collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 93

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

Accordingly, we are amending 9 CFR

part 93 as follows:

PART 93—IMPORTATION OF CERTAIN

ANIMALS, BIRDS, AND POULTRY,

AND CERTAIN ANIMAL, BIRD, AND

POULTRY PRODUCTS;

REQUIREMENTS FOR MEANS OF

CONVEYANCE AND SHIPPING

CONTAINERS

1. The authority citation for part 93

continues to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 136, and 136a; 31 U.S.C.

9701; 7 CFR 2.22, 2.80, and 371.2(d).

§ 93.308 [Amended]

2. In § 93.308, paragraph (a)(2) is

amended by removing ‘‘Qatar;’’.

Done in Washington, DC, this 21st day of

December 1999.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 00–219 Filed 1–4–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–SW–91–AD; Amendment

39–11493; AD 99–27–12]

RIN 2120–AA64

Airworthiness Directives; Agusta

S.p.A. Model A109A and A109A II

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Agusta Model A109A and

A109A II helicopters, that currently

requires, before further flight, inspecting

any tail rotor blade (blade) with 400 or

more hours time-in-service (TIS) for a

crack and replacing any cracked blade

before further flight. This amendment

contains the same requirements as the

current AD but corrects the paragraph

that requires ‘‘replacing any cracked

blade with an unairworthy blade.’’ This

amendment is prompted by the need to

correct the requirement to mandate

Federal Register / Vol. 65, No. 3 / Wednesday, January 5, 2000 / Rules and Regulations 347

‘‘replacing any cracked blade with an

airworthy blade.’’ The actions specified

by this AD are intended to prevent

fatigue failure of the blade, loss of the

tail rotor, and subsequent loss of control

of the helicopter.

DATES: Effective January 5, 2000. The

incorporation by reference of certain

publications listed in the regulations

was approved previously by the Director

of the Federal Register as of January 4,

2000.

Comments for inclusion in the Rules

Docket must be received on or before

March 6, 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–91–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

The service information referenced in

this AD may be obtained from Agusta,

21017 Cascina Costa di Samarate (VA),

Via Giovanni Agusta 520, telephone

(0331) 229111, fax (0331) 229605–

222595. This information may be

examined at the FAA, Office of the

Regional Counsel, Southwest Region,

2601 Meacham Blvd., Room 663, Fort

Worth, Texas 76137; or at the Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT:

Richard A. Monschke, Aerospace

Engineer, FAA, Rotorcraft Directorate,

Rotorcraft Standards Staff, 2601

Meacham Blvd., Fort Worth, Texas

76137, telephone (817) 222–5116, fax

(817) 222–5961.

SUPPLEMENTARY INFORMATION: On

December 9, 1999, the FAA issued AD

99–26–13, Amendment 39–11472,

Docket No. 99–SW–64–AD, effective

January 4, 2000, to require inspecting

any tail rotor blade, part number (P/N)

109–0132–02 (all dash numbers), with

400 or more hours TIS for a crack and

replacing any cracked blade with an

airworthy blade. That action was

prompted by three reports of cracked

blades and two reports of separation of

a tail rotor gearbox. That condition, if

not corrected, could result in fatigue

failure of a blade, loss of the tail rotor,

and subsequent loss of control of the

helicopter.

Agusta S.p.A. issued Bollettino

Tecnico 109–110, dated July 28, 1999

(technical bulletin), which supersedes

Telegraphic Technical Bulletin 109–5,

dated January 27, 1987. The technical

bulletin specifies dye-penetrant

inspecting any blade, P/N 109–0132–02

(all dash numbers), with 400 or more

hours TIS, for a crack before further

flight and thereafter at intervals not to

exceed 100 hours TIS. The technical

bulletin also specifies visually

inspecting each blade before the first

flight of each day and replacing any

cracked blade. In the technical bulletin,

the manufacturer reemphasizes the

importance of performing a detailed

inspection of the blade by publishing

additional procedures and requirements

for personnel conducting the

inspections. Agusta S.p.A. is attempting

to develop an improved blade, which

would provide a basis for terminating

the inspection requirement.

Since the issuance of that AD, the

FAA has discovered that the

requirement in paragraph (b) of AD–99–

26–13 mandates replacing a cracked

blade with an unairworthy blade. This

was an error. The requirement should

mandate that any cracked blade be

replaced with an airworthy blade.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Agusta Model A109A

and A109A II helicopters of the same

type design, this AD supersedes AD 99–

26–13, effective January 4, 2000. This

AD corrects the mistake in AD 99–26–

13 and requires that any cracked blade

be replaced with an airworthy blade.

This AD also requires dye-penetrant

inspecting any blade, P/N 109–0132–02

(all dash numbers), with 400 or more

hours TIS, for a crack before further

flight and thereafter at intervals not to

exceed 100 hours TIS. Also, this AD

requires visually inspecting each blade

before the first flight of each day. The

actions are required to be accomplished

in accordance with the technical

bulletin described previously. The short

compliance time involved is required

because the previously described

critical unsafe condition can adversely

affect the controllability and structural

integrity of the helicopter. Therefore,

dye-penetrant inspecting each blade for

a crack is required before further flight

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 54 helicopters

will be affected by this AD, that it will

take approximately 2.5 work hours to

accomplish the inspections, 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 $48,600 assuming 6 dye

penetrant inspections a year.

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

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–91–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

348 Federal Register / Vol. 65, No. 3 / Wednesday, January 5, 2000 / Rules and Regulations

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, 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

removing Amendment 39–11472 and by

adding a new airworthiness directive

(AD), Amendment 39–11493, to read as

follows:

AD 99–27–12 Agusta S.p.A.: Amendment

39–11493. Docket No.99–SW–91–AD.

Supersedes AD 99–26–13, Amendment

39–11472, Docket No. 99–SW–64–AD.

Applicability: Model A109A and A109A II

helicopters, with tail rotor blade (blade), part

number (P/N) 109–0132–02-all dash

numbers, with 400 or more hours time-inservice (TIS), 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 as indicated, unless

accomplished previously.

To prevent fatigue failure of a blade, loss

of the tail rotor, and subsequent loss of

control of the helicopter, accomplish the

following:

(a) Before further flight, dye-penetrant

inspect each blade for a crack in accordance

with the Compliance Instructions, Part I, of

Agusta S.p.A. Bollettino Tecnico 109–110,

dated July 28, 1999 (technical bulletin).

Thereafter, at intervals not to exceed 100

hours TIS, dye-penetrant inspect each blade

for a crack in accordance with the

Compliance Instructions, Part III, of the

technical bulletin. If a crack is found, replace

the cracked blade with an airworthy blade

before further flight.

(b) Before the first flight each day, visually

inspect each blade for a crack using a 3 to

5 power magnifying glass in accordance with

the Compliance Instructions, Part II, of the

technical bulletin. If a crack is found, replace

the cracked blade with an airworthy blade

before further flight.

(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, Regulations

Group, FAA, Rotorcraft Directorate.

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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(d) Special flight permits will not be

issued.

(e) The inspections shall be done in

accordance with the Compliance Instructions

of Agusta S.p.A. Bollettino Tecnico 109–110,

dated July 28, 1999. The incorporation by

reference of that document was approved

previously by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51 as of January 4, 2000.

Copies may be obtained from Agusta, 21017

Cascina Costa di Samarate (VA), Via

Giovanni Agusta 520, telephone (0331)

229111, fax (0331) 229605–222595. Copies

may be inspected at the FAA, Office of the

Regional Counsel, Southwest Region, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas; or at the Office of the Federal Register,

800 North Capitol Street, NW., suite 700,

Washington, DC.

(f) This amendment becomes effective on

January 5, 2000.

Note 3: The subject of this AD is addressed

in Registro Aeronautico Italiano, Italy, AD

99–325, dated August 2, 1999.

Issued in Fort Worth, Texas, on December

27, 1999.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate

Aircraft Certification Service.

[FR Doc. 00–17 Filed 1–4–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99–ACE–54]

Amendment to Class E Airspace;

Estherville, IA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends Class E

airspace area at Estherville Municipal

Airport, Estherville, IA. A review of the

Class E Airspace area for Estherville

Municipal Airport indicates it does not

comply with the criteria for 700 feet

Above Ground Level (AGL) airspace

required for diverse departures as

specified in FAA Order 7400.2D. The

Class E airspace has been enlarged to

conform to the criteria of FAA Order

7400.2D.

The intended effect of this rule is to

provide additional controlled Class E

airspace for aircraft operating under

Instrument Flight Rules (IFR) and

comply with the criteria of FAA Order

7400.2D.

DATES: Effective date: 0901 UTC., April

20, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

February 29, 2000.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division,

ACE–520, DOT Regional Headquarters

Building, Federal Aviation

Administration, Docket Number 99–

ACE–54, 901 Locust, Kansas City, MO

64106.

The official docket may be examined

in the Office of the Regional Counsel for

the Central Region at the same address

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays.

An informal docket may also be

examined during normal business hours

in the Air Traffic Division at the same

address listed above.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, Dot

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This

amendment to 14 CFR 71 revises the

Class E airspace at Estherville, IA. A

review of the Class E airspace for

Estherville Municipal Airport, IA,

indicates it does not meet the criteria for

700 feet AGL airspace required for

diverse departures as specified in FAA

Order 7400.2D. The criteria in FAA

Order 7400.2D for an aircraft to reach

1200 feet AGL is based on a standard

climb gradient of 200 feet per mile plus

the distance from the Airport Reference

Point (ARP) to the end of the outermost

runway. Any fractional part of a mile is

converted to the next higher tenth of a

mile. The amendment at Estherville