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.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

57277

Vol. 65, No. 185

Friday, September 22, 2000

1Pub. L. 104–134, § 31001(s), 110 Stat. 1321–373,

(Apr. 26, 1996). The provision is codified at 28

U.S.C. 2461 note.

2Pub. L. 101–410, 104 Stat. 890, (Oct. 5, 1990),

also codified at 28 U.S.C. 2461 note.

3Section 3(2) of the amended FCPIA Act defines

a CMP as any penalty, fine, or other sanction that:

(1) either is for a specific monetary amount as

provided by Federal law or has a maximum amount

provided for by Federal law; (2) is assessed or

enforced by an agency pursuant to Federal law; and

(3) is assessed or enforced pursuant to an

administrative proceeding or a civil action in the

Federal courts.

4The CPI is published by the Department of

Labor, Bureau of Statistics, and is available at its

website: www.bls.gov/top20.html.

5NCUA recognizes that the rounding provision of

the FCPIA Act is capable of differing

interpretations. As an example, the provision states,

in part, that an increase ‘‘shall be rounded to the

nearest * * * multiple of $1,000 in the case of

penalties greater than $1,000 but less than or equal

to $10,000.’’ Section 5(a)(3), FCPIA Act. NCUA

understands that some agencies have chosen to

determine which rounding rule to follow based

upon the amount of the increase, rather than the

amount of the penalty. In other words, the forgoing

rounding provision would only be applied if the

amount of the adjustment was more than $1,000 but

less than $10,000. NCUA has chosen to follow the

language in the statute and therefore has adopted

an interpretation that selects the appropriate

rounding rule based upon the amount of the

penalty.

6The FCPIA Act limited the first adjustment of

a CMP to a maximum of 10%.

7 ‘‘Any increase determined under this subsection

shall be rounded to the nearest— * * * (3) multiple

of $1,000 in the case of penalties greater than

$1,000 but less than or equal to $10,000.’’ Section

5(a), FCPIA Act. Therefore, $330 is rounded to the

nearest multiple of $1,000 or to $0.

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 747

Civil Monetary Penalty Inflation

Adjustment

AGENCY: National Credit Union

Administration.

ACTION: Final rule.

SUMMARY: Congress, in the Federal Civil

Penalties Inflation Adjustment Act of

1990, as amended by the Debt

Collection Improvement Act of 1996,

required all federal agencies with the

authority to impose civil monetary

penalties (CMPs) to regularly evaluate

those CMPs to ensure that they continue

to maintain their deterrent value. As a

result of these acts, the head of each

agency was required, by October 23,

1996, and at least once every four years

thereafter, to adjust its CMPs for

inflation. In 1996, the National Credit

Union Administration (NCUA) issued a

final rule to implement the required

adjustments to certain CMPs authorized

by the Federal Credit Union Act. Since

that time, NCUA has discovered several

more CMPs that should also be adjusted

for inflation. In order to comply with

Congress’ mandate to adjust CMPs for

inflation at least every four years, NCUA

is issuing this final rule to implement

the required adjustments to those CMPs.

EFFECTIVE DATE: October 23, 2000.

FOR FURTHER INFORMATION CONTACT:

Allan Meltzer, Associate General

Counsel, or Jon Canerday, Trial

Attorney, Office of General Counsel,

NCUA, 1775 Duke Street, Alexandria,

Virginia 22314, or telephone (703) 518–

6540.

SUPPLEMENTARY INFORMATION:

Background:

The Debt Collection Improvement Act

of 1996 1 (DCIA) amended the Federal

Civil Penalties Inflation Adjustment Act

of 1990 2 (FCPIA Act) to require every

Federal agency to enact regulations that

adjust each civil monetary penalty

(CMP) 3 provided by law under its

jurisdiction by the rate of inflation

pursuant to the inflation adjustment

formula in section 5(b) of the FCPIA

Act. Each Federal agency was required

to issue these implementing regulations

by October 23, 1996, and at least once

every 4 years thereafter. Section 6 of the

amended FCPIA Act specifies that

inflation-adjusted CMPs will only apply

to violations that occur after the

effective date of the adjustment. The

inflation adjustment is based on the

percentage increase in the Consumer

Price Index (CPI).4 Specifically, section

5(b) of the FCPIA Act defines ‘‘the term

‘cost-of-living adjustment’ [to] mean the

percentage (if any) for each civil

monetary penalty by which—(1) the

Consumer Price Index for the month of

June of the calendar year preceding the

adjustment, exceeds (2) the Consumer

Price Index for the month of June of the

calendar year in which the amount of

such civil monetary penalty was last set

or adjusted pursuant to law.’’

Furthermore, each CMP that has been

adjusted for inflation must be rounded

to a number prescribed by section 5(a)

of the FCPIA Act.5

CMPs Previously Adjusted

Calculation of the Adjustment

With respect to the CMPs authorized

by 12 U.S.C. 1786(k)(2), the last

adjustment for inflation occurred in

1996. Therefore, the current adjustment

will be the percentage by which the CPI

for the month of June 1999 exceeds the

CPI for the month of June 1996.

According to the Bureau of Labor

Statistics, the CPI for the month of June

1999 was 166.2 and the CPI for the

month of June 1996 was 156.7. When

166.2 is divided by 156.7, the result is

1.06. Thus, the CMPs authorized by 12

U.S.C. 1786(k)(2) should be multiplied

by a factor of 1.06 to arrive at the new

adjusted amounts (before required

rounding).

Section 206(k)(2) of the Federal Credit

Union Act, 12 U.S.C. 1786(k)(2),

authorizes NCUA to impose three levels

or tiers of CMPs upon insured credit

unions or institution-affiliated parties.

First Tier CMPs

First tier CMPs, 12 U.S.C.

1786(k)(2)(A), may be imposed for the

violation of any law or regulation, the

violation of certain final orders or

temporary orders, the violation of

conditions imposed in writing by the

NCUA Board, or the violation of any

written agreement between the credit

union and NCUA. The statute provides

that first tier CMPs shall not be more

than $5,000 for each day the violation

continues. After the required adjustment

for inflation in 1996, the maximum

penalty was increased to $5,500 for each

day.6 Multiplying the current penalty of

$5,500 by the factor of 1.06 results in

$5,830, an increase of $330. When that

number is rounded as required by the

FCPIA Act,7 the inflation-adjusted

maximum for a first tier CMP remains

$5,500.

57278 Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Rules and Regulations

8 ‘‘Any increase determined under this subsection

shall be rounded to the nearest— * * * (4) multiple

of $5,000 in the case of penalties greater than

$10,000 but less than or equal to $100,000.’’ Section

5(a), FCPIA Act. Therefore, $1,650 is rounded to the

nearest multiple of $5,000 or to $0. 9 ‘‘Any increase determined under this subsection

shall be rounded to the nearest— * * * (6) multiple

of $25,000 in the case of penalties greater than

$200,000.’’ Section 5(a), FCPIA Act. Therefore,

$66,000 is rounded to the nearest multiple of

$25,000 or to $75,000.

10 ‘‘The first adjustment of a civil monetary

penalty made pursuant to [the FCPIA Act] may not

exceed 10 percent of such penalty.’’ Section 6,

FCPIA Act (originally designated as Section 7).

Second Tier CMPs

Second tier CMPs, 12 U.S.C.

1786(k)(2)(B), are authorized for

violations described in first tier CMPs,

the reckless engaging in an unsafe or

unsound practice in conducting the

affairs of a credit union, or the breach

of any fiduciary duty, when the

violation, practice or breach is part of a

pattern of misconduct, or causes or is

likely to cause more than a minimal loss

to the credit union, or results in

pecuniary gain or other benefit. The

statute provides a maximum second tier

CMP of $25,000 for each day the

violation, practice or breach continues.

After the required 1996 adjustment for

inflation, the maximum penalty was

increased to $27,500 per day.

Multiplying the current penalty of

$27,500 by the factor of 1.06 results in

$29,150, an increase of $1,650. When

that number is rounded as required by

the FCPIA Act,8 the inflation-adjusted

maximum for a second tier CMP

remains $27,500.

Third Tier CMPs

Third tier CMPs, 12 U.S.C.

1786(k)(2)(C), may be imposed for any

of the acts described in second tier

CMPs that cause a substantial loss to the

credit union or a substantial pecuniary

gain or other benefit. The amount of

third tier CMPs depends upon the status

of the respondent required to pay the

CMP, 12 U.S.C. 1786(k)(2)(D). For a

person other than an insured credit

union, under the statute the current

maximum third tier CMP is $1,000,000

for each day the violation, practice or

breach continues. For an insured credit

union, the statute provides a current

daily maximum CMP of the lesser of

$1,000,000 or 1 percent of the total

assets of the credit union. In 1996, the

maximum CMP for a person other than

an insured credit union was increased

for inflation to $1,100,000 per day. At

the same time, the maximum CMP for

an insured credit union was increased

to the lesser of $1,100,000 or 1 percent

of the total assets of the credit union.

Multiplying the current penalty of

$1,100,000 by the factor of 1.06 results

in $1,166,000, an increase of $66,000.

When that number is rounded as

required by the FCPIA Act,9 the new

inflation-adjusted third tier CMP

becomes $1,175,000.

CMPs Not Previously Adjusted For

Inflation

NCUA has determined that several

additional provisions authorize

penalties that meet the definition of

CMPs. These provisions were not

previously adjusted for inflation in

1996.

12 U.S.C. 1782(a)(3)

NCUA is authorized to require credit

unions to provide reports of condition.

The failure to submit a required report

or the submission of a false or

misleading report subjects a credit

union to three levels of CMPs,

depending upon the reasons for

noncompliance. For an inadvertent

failure to submit a report or the

inadvertent submission of a false or

misleading report, the credit union is

subject to a penalty of not more than

$2,000 for each day the failure

continues or such false or misleading

information is not corrected. For a noninadvertent failure to submit a report or

for the non-inadvertent submission of a

false or misleading report, the credit

union is subject to a penalty of not more

than $20,000 for each day the failure

continues or such false or misleading

information is not corrected. Lastly, for

a failure to submit a report or the

submission of a false or misleading

report done knowingly or with reckless

disregard, the credit union is subject to

a penalty of not more than $1,000,000

or 1 percent of the total assets of the

credit union, whichever is less, for each

day the failure continues or such false

or misleading information is not

corrected.

Calculation of the Adjustment

The CMPs authorized by 12 U.S.C.

1782(a)(3) were created by Congress in

1989. Therefore, the current adjustment

will be the percentage by which the CPI

for the month of June 1999 exceeds the

CPI for the month of June 1989.

According to the Bureau of Labor

Statistics, the CPI for the month of June

1999 was 166.2 and the CPI for the

month of June 1989 was 124.1. When

166.2 is divided by 124.1, the result is

1.34. Thus, the CMPs authorized by 12

U.S.C. 1782(a)(3) should be multiplied

by a factor of 1.34 to arrive at the new

adjusted amounts (before required

rounding). However, another provision

of the FCPIA Act limits the first

adjustment of a CMP to an amount not

to exceed 10 percent of the original

penalty.10 The amount of increase to

these CMPs in the final regulation

would have been more if this limit did

not exist.

The maximum CMP authorized by 12

U.S.C. 1782(a)(3) for an inadvertent

failure to submit a report or the

inadvertent submission of a false or

misleading report is currently $2,000 for

each day the failure continues or such

false or misleading information is not

corrected. After the required adjustment

for inflation, the maximum penalty is

increased by 10%, or $200, to $2,200

per day.

The maximum CMP authorized by 12

U.S.C. 1782(a)(3) for a non-inadvertent

failure to submit a report or the noninadvertent submission of a false or

misleading report is currently $20,000

for each day the failure continues or

such false or misleading information is

not corrected. After the required

adjustment for inflation, the maximum

penalty is increased by 10%, or $2,000,

to $22,000 per day.

The maximum CMP authorized by 12

U.S.C. 1782(a)(3) for a failure to submit

a report or the submission of a false or

misleading report done knowingly or

with reckless disregard is currently

$1,000,000 or 1 percent of the total

assets of the credit union, whichever is

less, for each day the failure continues

or such false or misleading information

is not corrected. After the required

adjustment for inflation, the maximum

penalty is increased by 10%, or

$100,000, to $1,100,000 or 1 percent of

the total assets of the credit union,

whichever is less, per day.

12 U.S.C. 1782(d)(2)

In a provision similar to the authority

discussed above, NCUA is authorized to

require each credit union to provide

periodic certified statements of the

amount of insured shares in the credit

union, as well as to pay required

deposits into the National Credit Union

Share Insurance Fund (NCUSIF). The

failure to submit a required certified

statement or the submission of a false or

misleading statement subjects a credit

union to three tiers of CMPs, depending

upon the reasons for noncompliance.

Calculation of the Adjustment

The CMPs authorized by 12 U.S.C.

1782(d)(2) were created by Congress in

1991. Therefore, the current adjustment

will be the percentage by which the CPI

for the month of June 1999 exceeds the

CPI for the month of June 1991.

According to the Bureau of Labor

Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Rules and Regulations 57279

Statistics, the CPI for the month of June

1999 was 166.2 and the CPI for the

month of June 1991 was 136. When

166.2 is divided by 136, the result is

1.22. Thus, the CMPs authorized by 12

U.S.C. 1782(d)(2) should be multiplied

by a factor of 1.22 to arrive at the new

adjusted amounts (before required

rounding). However, as noted

previously, another provision of the

FCPIA Act limits the first adjustment of

a CMP to an amount not to exceed 10

percent of the original penalty. The

amount of increase to these CMPs in the

final regulation would have been more

if this limit did not exist.

First Tier CMPs

The maximum CMP authorized by 12

U.S.C. 1782(d)(2)(A) for an inadvertent

failure to timely submit a certified

statement or an inadvertent submission

of a false or misleading certified

statement, is currently $2,000 for each

day the failure continues or such false

or misleading information is not

corrected. After the required adjustment

for inflation, the maximum penalty is

increased by 10%, or $200, to $2,200

per day.

Second Tier CMPs

The maximum CMP authorized by 12

U.S.C. 1782(d)(2)(B) for a noninadvertent failure to timely submit a

certified statement, or a non-inadvertent

submission of a false or misleading

certified statement, or the failure or

refusal to pay any required deposit or

premium for insurance is currently

$20,000 for each day the failure

continues, such false or misleading

information is not corrected, or the

deposit or premium is not paid. After

the required adjustment for inflation,

the maximum penalty is increased by

10%, or $2,000, to $22,000 per day.

Third Tier CMPs

The maximum CMP authorized by 12

U.S.C. 1782(d)(2)(C) for a failure to

submit a report or the submission of a

false or misleading report done

knowingly or with reckless disregard is

currently $1,000,000 or 1 percent of the

total assets of the credit union,

whichever is less, for each day the

failure continues or such false or

misleading information is not corrected.

After the required adjustment for

inflation, the maximum penalty is

increased by 10%, or $100,000, to

$1,100,000 or 1 percent of the total

assets of the credit union, whichever is

less, per day.

12 U.S.C. 1785(e)(3)

Pursuant to 12 U.S.C. 1785(e)(1),

NCUA is authorized to promulgate

regulations to provide minimum

standards with which each insured

credit union must comply with respect

to security devices and procedures to

discourage robberies, burglaries and

larcenies and to assist in the

identification and apprehension of

persons who commit such acts. A credit

union that violates such a regulation is

subject to a CMP of up to $100 for each

day the violation continues. 12 U.S.C.

1785(e)(3).

Calculation of the Adjustment

The CMP authorized by 12 U.S.C.

1785(e)(3), originally passed by

Congress in 1970, was not adjusted for

inflation in 1996. Therefore, the current

adjustment will be the percentage by

which the CPI for the month of June

1999 exceeds the CPI for the month of

June 1970. According to the Bureau of

Labor Statistics, the CPI for the month

of June 1999 was 166.2 and the CPI for

the month of June 1970 was 38.8. When

166.2 is divided by 38.8, the result is

4.28. Thus, the CMP authorized by 12

U.S.C. 1785(e)(3) should be multiplied

by a factor of 4.28 to arrive at the new

adjusted amounts (before required

rounding). However, as discussed

previously, the FCPIA Act limits the

first adjustment of a CMP to an amount

not to exceed 10 percent of the original

penalty. The amount of increase to this

CMP in the final regulation would have

been more if this limit did not exist.

The maximum CMP authorized by 12

U.S.C. 1785(e)(3) for non-compliance

with NCUA security regulations is

currently $100 for each day the

violation continues. After the required

adjustment for inflation, the maximum

penalty is increased by 10%, or $10, to

$110 per day.

42 U.S.C. 4012a(f)

Pursuant to 42 U.S.C. 4012a(f), NCUA

is authorized to impose CMPs against a

credit union that is found to have a

pattern or practice of committing certain

specified actions in violation of the

National Flood Insurance Program. A

credit union that engages in such

violations is subject to a CMP of up to

$350 for each violation. The total

amount of penalties assessed against

any credit union during any calendar

year may not exceed $100,000. 42 U.S.C.

4012a(f)(5).

Calculation of the Adjustment

The CMP authorized by 42 U.S.C.

4012a(f), originally passed by Congress

in 1994, was not adjusted for inflation

in 1996. Therefore, the current

adjustment will be the percentage by

which the CPI for the month of June

1999 exceeds the CPI for the month of

June 1994. According to the Bureau of

Labor Statistics, the CPI for the month

of June 1999 was 166.2 and the CPI for

the month of June 1994 was 148.0.

When 166.2 is divided by 148.0, the

result is 1.12. Thus, the CMP authorized

by 42 U.S.C. 4012a(f) should be

multiplied by a factor of 1.12 to arrive

at the new adjusted amounts (before

required rounding). However, as

discussed previously, the FCPIA Act

limits the first adjustment of a CMP to

an amount not to exceed 10 percent of

the original penalty. The amount of

increase to this CMP in the final

regulation would have been more if this

limit did not exist.

The maximum CMP authorized by 42

U.S.C. 4012a(f) for certain violations of

the National Flood Insurance Program is

currently $350 for each violation, up to

a maximum of $100,000 per calendar

year. After the required adjustment for

inflation, the maximum penalty is

increased by 10%, or $35, to $385 per

violation. The annual maximum penalty

is also increased by 10%, or $10,000, to

$110,000 per calendar year.

The NCUA Board now adopts this

final rule to adjust the forgoing CMPs

for the rate of inflation, as required by

the FCPIA Act. The FCPIA Act provides

federal agencies with no discretion in

the adjustment of CMPs for inflation,

and it also requires such adjustments for

inflation to occur at least every four

years. Further, the regulation is

ministerial and technical and, for these

reasons, the NCUA Board finds good

cause to determine that public notice

and comment for this new regulation is

unnecessary, impractical and contrary

to the public interest, pursuant to the

Administrative Procedure Act (APA), 5

U.S.C. 553(a)(3)(B).

Regulatory Procedures

Regulatory Flexibility Act

The NCUA Board certifies that the

proposed regulation will not have a

significant economic impact on a

substantial number of small credit

unions. Small credit unions are defined

by NCUA, pursuant to its authority to

define ‘‘small organizations,’’ as those

credit unions with assets of $1 million

or less. 5 U.S.C. 601(4), (6); NCUA IRPS

81–4, 46 FR 29248 (1981); NCUA IRPS

87–2, 12 CFR 791.8(a). Accordingly, a

regulatory flexibility analysis is not

required.

Paperwork Reduction Act

No collections of information

pursuant to the Paperwork Reduction

Act (44 U.S.C. 3501 et seq.) are

contained in the rule. Consequently, no

information has been submitted to the

57280 Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Rules and Regulations

Office of Management and Budget for

review.

Executive Order 13132

Executive Order 13132 encourages

independent regulatory agencies to

consider the impact of their regulatory

actions on state and local interests. In

adherence to fundamental federalism

principles, NCUA, an independent

regulatory agency as defined in 44

U.S.C. 3502(5), voluntarily complies

with the Executive Order. This final rule

will apply to all federally-insured credit

unions, but it 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. NCUA has

determined the final rule does not

constitute a policy that has federalism

implications for purposes of the

Executive Order.

Assessment of Federal Regulations and

Policies on Families

NCUA has determined that this rule

will not affect family well-being within

the meaning of section 654 of the

Treasury and General Government

Appropriations Act, 1999, Pub. L. No.

105–277, 112 Stat. 2681 (1998).

Small Business Regulatory Enforcement

Fairness Act

The Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. No. 104–21) provides generally for

congressional review of agency rules. A

reporting requirement is triggered in

instances where NCUA issues a final

rule as defined by Section 551 of the

Administrative Procedures Act. 5 U.S.C.

551. The Office of Management and

Budget has reviewed this rule and has

determined that for purposes of the

Small Business Regulatory Enforcement

Fairness Act of 1996 it is not a major

rule.

List of Subjects in 12 CFR Part 747

Credit unions, Civil monetary

penalties.

By the National Credit Union

Administration Board on September 6, 2000.

Becky Baker,

Secretary to the Board.

Accordingly, the NCUA amends 12

CFR part 747 as follows:

PART 747—ADMINISTRATIVE

ACTIONS, ADJUDICATIVE HEARINGS,

RULES OF PRACTICE AND

PROCEDURE, AND INVESTIGATIONS

1. The authority citation for part 747

is revised to read as follows:

Authority: 12 U.S.C. 1766, 1782, 1784,

1785, 1786, 1787; 42 U.S.C. 4012a; Pub. L.

101–410; Pub.L. 104–134.

2. Part 747, Subpart K is revised to

read as follows:

Subpart K—Inflation Adjustment of

Civil Monetary Penalties

§ 747.1001 Adjustment of civil money

penalties by the rate of inflation.

(a) NCUA is required by the Federal

Civil Penalties Inflation Adjustment Act

of 1990 (Public Law 101–410, 104 Stat.

890, as amended (28 U.S.C. 2461 note))

to adjust the maximum amount of each

civil money penalty within its

jurisdiction by the rate of inflation. The

following chart displays those

adjustments, as calculated pursuant to

the statute:

U.S. Code citation CMP description New maximum amount

(1) 12 U.S.C. 1782(a)(3) ...... Inadvertent failure to submit a report or the inadvertent

submission of a false or misleading report.

$2,200

(2) 12 U.S.C. 1782(a)(3) ...... Non-inadvertent failure to submit a report or the non-inadvertent submission of a false or misleading report.$22,000

(3) 12 U.S.C. 1782(a)(3) ...... Failure to submit a report or the submission of a false

or misleading report done knowingly or with reckless

disregard.

$1,100,000 or 1 percent of the total assets of the credit

union, whichever is less

(4) 12 U.S.C. 1782(d)(2)(A) First tier ........................................................................... $2,200

(5) 12 U.S.C. 1782(d)(2)(B) Second tier ...................................................................... $22,000

(6) 12 U.S.C. 1782(d)(2)(C) Third tier .......................................................................... $1,100,000 or 1 percent of the total assets of the credit

union, whichever is less

(7) 12 U.S.C. 1785(e)(3) ...... Non-compliance with NCUA security regulations ........... $110

(8) 12 U.S.C. 1786(k)(2)(A) First tier ........................................................................... $5,500

(9) 12 U.S.C. 1786(k)(2)(B) Second tier ...................................................................... $27,500

(10) 12 U.S.C. 1786(k)(2)(C) Third tier .......................................................................... For a person other than an insured credit union:

$1,175,000;

For an insured credit union: $1,175,000 or 1 percent of

the total assets of the credit union, whichever is less

(11) 42 U.S.C. 4012a(f) ....... Per violation ....................................................................

Per calendar year ............................................................

$385

$110,000

(b) The adjustments displayed in

paragraph (a) of this section apply to

acts occurring beginning on October 23,

2000.

[FR Doc. 00–24431 Filed 9–21–00; 8:45 am]

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–41–AD; Amendment

39–11898; AD 2000–17–52]

RIN 2120–AA64

Airworthiness Directives; Agusta

S.p.A. Model A109E Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

2000–17–52, which was sent previously

to all known U.S. owners and operators

of Agusta S.p.A. (Agusta) Model A109E

helicopters by individual letters. This

AD requires, before further flight,

visually inspecting any main rotor

rotating scissors assembly for correct

installation and replacing any

unairworthy part with an airworthy