45436 Federal Register / Vol. 64, No. 161 / Friday, August 20, 1999 /Rules and Regulations

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 (e) 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 collective pitch

control tubes, collective stick housings, and

collective pitch tube assemblies, loss of

collective pitch control, and subsequent loss

of control of the helicopter, accomplish the

following:

(a) On or before reaching 400 hours timein-service (TIS), apply the serial number (S/

N) listed in McDonnell Douglas Helicopter

Systems Mandatory Service Bulletin No.

600N–009, dated February 24, 1998 (SB), to

the two collective stick housings, P/N’s

369A7347 and 369A7820; the pilot collective

pitch control tube, P/N 369A7348; and the

co-pilot collective pitch control tube, P/N

369A7809, in the most visible spot for the

specified aircraft S/N.

(b) Remove and replace the following flight

control components according to the stated

life-limits:

P/N Component Life-Limit

(Hours TIS)

369A7347 ............................................................................... Housing, collective stick .................................................................... 450

369A7348 ............................................................................... Tube, collective pitch control (pilot) .................................................. 400

369H7354–3 .......................................................................... Tube assembly, collective pitch (pilot) .............................................. 600

369A7809 ............................................................................... Tube, collective pitch control (co-pilot) ............................................. 1,800

369A7820 ............................................................................... Housing, collective stick .................................................................... 450

369H7837 .............................................................................. Housing, collective stick .................................................................... 450

369H7838–3 .......................................................................... Tube assembly, collective pitch (co-pilot) ......................................... 1,000

(c) Create a component history card or

equivalent record in the helicopter log and

record the helicopter TIS at installation for

each of the components listed in paragraph

(b) of this AD.

(d) This AD revises the Airworthiness

Limitations Section of the maintenance

manual by reducing the life-limits of the pilot

collective pitch control tube, the collective

stick housings, and the collective pitch tube

assemblies, and adding the co-pilot collective

pitch control tube to the Airworthiness

Limitations section, Component Mandatory

Replacement Schedule.

(e) 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 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.

(f) 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.

(g) The application of serial numbers shall

be done in accordance with the

Accomplishment Instructions of McDonnell

Douglas Helicopter Systems Mandatory

Service Bulletin No. 600N–009, dated

February 24, 1998. 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 MD Helicopters Inc., Attn:

Customer Support Division, 5000 E.

McDowell Rd., Mail Stop M615–GO48, Mesa,

Arizona 85215–9797, telephone 1–800–388–

3378 or 480–891–6342, datafax 480–891–

6782. 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.

(h) This amendment becomes effective on

September 24, 1999.

Issued in Fort Worth, Texas, on August 12,

1999.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 99–21572 Filed 8–19–99; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–06–AD; Amendment

39–11266; AD 99–17–20]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 757–200 and –300 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 757–

200 and –300 series airplanes, that

requires modification of the off-wing

emergency evacuation slide system.

This amendment is prompted by reports

that a certain type of off-wing escape

slide aboard several airplanes separated

from the airplane during flight. The

actions specified by this AD are

intended to prevent separation of the

emergency evacuation slide from the

airplane, which could result in damage

to the fuselage and unavailability of an

escape slide during an emergency

evacuation.

DATES: Effective September 24, 1999.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

24, 1999.

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.

FOR FURTHER INFORMATION CONTACT:

Keith Ladderud, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2780;

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 certain Boeing

Model 757–200 and –300 series

airplanes was published as a

supplemental notice of proposed

rulemaking (NPRM) in the Federal

Register on June 11, 1999 (64 FR 31523).

That action proposed to require

modification of the off-wing emergency

evacuation slide system.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due
Federal Register / Vol. 64, No. 161 / Friday, August 20, 1999 /Rules and Regulations 45437

consideration has been given to the

comments received.

Support for the Proposal

Three commenters support the

proposed rule, and one commenter

states that the rule does not affect it.

Request To Delay Effective Date

One commenter supports the

proposed rule, but requests that the

effective date of the AD be set after July

31, 1999, to allow the scheduled

modification to be accomplished during

the operator’s scheduled ‘‘4C’’ check.

The FAA notes that the effective date of

the AD will be after July 31, 1999. No

change to the final rule is necessary.

Request To Require New Repetitive

Inspections

One commenter to the NPRM that

preceded the supplemental NPRM

favors adding a requirement for a

functional test to the proposed AD. The

commenter requests that the FAA

consider rulemaking to require

repetitive tests of the emergency

evacuation slides on each airplane to

ensure that they work properly.

The FAA does not concur with the

commenter’s request. Adding a

requirement to this final rule would

require the issuance of a new

supplemental notice of proposed

rulemaking to reopen the public

comment period. To delay this final rule

in this way would be inappropriate,

because the FAA has determined that an

unsafe condition exists and the required

actions must be accomplished to ensure

continued safety. The FAA notes,

however, that operators are required,

per their maintenance procedures, to

periodically deploy one escape slide on

one airplane in its fleet to ensure proper

function. No change to the final rule is

necessary.

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 as proposed.

Cost Impact

There are approximately 503 Model

757–200 and –300 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 441 airplanes of

U.S. registry will be affected by this AD.

For airplanes identified in Boeing

Service Bulletin 757–25–0182, Revision

1 (301 U.S.-registered airplanes), it will

take approximately 40 work hours per

airplane to accomplish the required

modification of the door latch system, at

an average labor rate of $60 per work

hour. Required parts will cost

approximately $1,450 per airplane.

Based on these figures, the cost impact

of the required modification on U.S.

operators is estimated to be $1,158,850,

or $3,850 per airplane.

For airplanes identified in Boeing

Service Bulletin 757–25–0200 (441 U.S.-

registered airplanes), it will take

approximately 4 work hours to

accomplish the required installation of

the bumper assembly and placards, at

an average labor rate of $60 per work

hour. Required parts will cost

approximately $457 per airplane. Based

on these figures, the cost impact of the

required installation on U.S. operators is

estimated to be $307,377, or $697 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 substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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:

99–17–20 Boeing: Amendment 39–11266.

Docket 99–NM–06–AD.

Applicability: Model 757–200 and –300

series airplanes equipped with off-wing

emergency evacuation slides, as listed in

Boeing Service Bulletin 757–25–0182,

Revision 1, dated June 12, 1997, or Boeing

Service Bulletin 757–25–0200, dated January

21, 1999; 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 (b) 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 separation of the emergency

evacuation slide from the airplane, which

could result in damage to the fuselage and

unavailability of an escape slide during an

emergency evacuation, accomplish the

following:

Modification

(a) Within 18 months after the effective

date of this AD: Modify the left and right offwing emergency evacuation slide systems by

accomplishment of paragraph (a)(1) or (a)(2)

of this AD, as applicable.

(1) For airplanes listed in Boeing Service

Bulletin 757–25–0182, Revision 1, dated June

12, 1997: Modify the door latch system of the

left and right off-wing emergency evacuation

slide systems in accordance with the service

bulletin.

Note 2: Modification of the door latch

system of the off-wing emergency evacuation

slide system, prior to the effective date of this

AD, in accordance with Boeing Service

Bulletin 757–25–0182, dated October 10,

1996, is considered acceptable for

compliance with paragraph (a)(1) of this AD.

(2) For airplanes listed in Boeing Service

Bulletin 757–25–0200, dated January 21,

1999: Install a bumper assembly on the

bottom of the left and right off-wing escape

slide carriers, and install new placards in the

area of the maintenance access door, in

accordance with the service bulletin.
45438 Federal Register / Vol. 64, No. 161 / Friday, August 20, 1999 /Rules and Regulations

1The statute uses the term ‘‘money transmitting

business’’ to name those businesses subject to

registration. See 31 U.S.C. 5330(a)(1) and (d)(1).

However, FinCEN believes that the statute’s use of

this term to refer to all the types of businesses

subject to registration and its later use of the nearly

identical term ‘‘money transmitting service’’ to refer

to a particular type of business subject to

registration, compare 31 U.S.C. 5330(d)(1)(A) with

31 U.S.C. 5330(d)(2), may lead to confusion.

Therefore, FinCEN has adopted the term ‘‘money

services business’’ in place of the term ‘‘money

transmitting business’’ throughout this document

and under the final rule.

Alternative Methods of Compliance

(b) 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 3: 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

(c) 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 airplane to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The actions shall be done in accordance

with Boeing Service Bulletin 757–25–0182,

Revision 1, dated June 12, 1997, or Boeing

Service Bulletin 757–25–0200, dated January

21, 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 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.

(e) This amendment becomes effective on

September 24, 1999.

Issued in Renton, Washington, on August

13, 1999.

D.L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 99–21571 Filed 8–19–99; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement

Network

31 CFR Part 103

RIN 1506–AA09

Amendment to the Bank Secrecy Act

Regulations—Definitions Relating to,

and Registration of, Money Services

Businesses

AGENCY: Financial Crimes Enforcement

Network (‘‘FinCEN’’), Treasury.

ACTION: Final rule.

SUMMARY: This document contains

amendments to the regulations

implementing the statute generally

referred to as the Bank Secrecy Act. The

amendments revise the definitions of

certain non-bank financial institutions

for purposes of the Bank Secrecy Act

and group the revised definitions

together in a separate category called

‘‘money services businesses.’’ The

amendments also require certain money

services businesses to register with the

Department of the Treasury and to

maintain a current list of their agents for

examination, on request, by any

appropriate law enforcement agency.

The amendments regarding registration

and maintenance of agent lists by

money services businesses reflect

changes to the law made by the Money

Laundering Suppression Act of 1994.

DATES: Effective Date: September 20,

1999.

Applicability Date: Registration of

money services businesses will not be

required prior to December 31, 2001,

and maintenance of the agent list will

not be required prior to January 1, 2002.

See § 103.41(f) of the final rule

contained in this document.

FOR FURTHER INFORMATION CONTACT:

Peter Djinis, Associate Director,

FinCEN, (703) 905–3930; Charles

Klingman, Financial Institutions Policy

Specialist, FinCEN, (703) 905–3602;

Stephen R. Kroll, Chief Counsel,

Cynthia L. Clark, Deputy Chief Counsel,

and Albert R. Zarate and Christine L.

Schuetz, Attorney-Advisors, Office of

Chief Counsel, FinCEN, (703) 905–3590.

SUPPLEMENTARY INFORMATION:

I. Statutory Provisions—General

The Bank Secrecy Act, Titles I and II

of Public Law 91–508, as amended,

codified at 12 U.S.C. 1829b, 12 U.S.C.

1951–1959, and 31 U.S.C. 5311–5330,

authorizes the Secretary of the Treasury,

inter alia, to issue regulations requiring

financial institutions to keep records

and file reports that are determined to

have a high degree of usefulness in

criminal, tax, and regulatory matters,

and to implement counter-money

laundering programs and compliance

procedures. Regulations implementing

Title II of the Bank Secrecy Act

(codified at 31 U.S.C. 5311–5330)

appear at 31 CFR Part 103. The

authority of the Secretary to administer

Title II of the Bank Secrecy Act has been

delegated to the Director of FinCEN.

31 U.S.C. 5312. The Bank Secrecy Act

generally applies to financial

institutions, a term broadly defined in

31 U.S.C. 5312(a)(2)(A–Z). The statutory

definition includes, inter alia:

* * * * *

(J) a currency exchange;

(K) an issuer, redeemer, or cashier of

travelers’ checks, checks, money orders, or

similar instruments;

* * * * *

(R) a licensed sender of money;

* * * * *

(Y) any business or agency which engages

in any activity which the Secretary of the

Treasury determines, by regulation, to be an

activity which is similar to, related to, or a

substitute for any activity in which any

business described in this paragraph is

authorized to engage; or

(Z) any other business designated by the

Secretary whose cash transactions have a

high degree of usefulness in criminal, tax, or

regulatory matters.

31 U.S.C. 5330. 31 U.S.C. 5330 was

added to the Bank Secrecy Act by

section 408 of the Money Laundering

Suppression Act of 1994 (the ‘‘Money

Laundering Suppression Act’’), Title IV

of the Riegle Community Development

and Regulatory Improvement Act of

1994, Public Law 103–325 (September

23, 1994). Under that section, any

person who owns or controls a money

services business (which the statute

refers to as a ‘‘money transmitting

business’’ 1), whether or not the business

is licensed as a money services business

in any State, must register the business

with the Secretary of the Treasury. 31

U.S.C. 5330(a). (A money services

business required to be registered under

31 U.S.C. 5330 remains subject to any

State law requirements relating to the

operation of the business in the State. 31

U.S.C. 5330(a)(3).) The form and manner

of registration must be prescribed by

regulations.

The purpose of the registration

requirement is to assist supervisory and

law enforcement agencies in the

enforcement of criminal, tax, and

regulatory laws and to prevent money

services businesses from engaging in

illegal activities. See, section 408(a), of

the Money Laundering Suppression Act.

31 U.S.C. 5311 (Note). In requiring the

registration of money services

businesses, Congress found that such

businesses are largely unregulated and

are frequently used in sophisticated

schemes to transfer large amounts of

money that are the proceeds of unlawful

enterprises and to evade the