64602 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations

amendment 39–11951, to read as

follows:

2000–22–05 Short Brothers, PLC:

Amendment 39–11951. Docket 2000–

NM–202–AD. Supersedes AD 99–03–06,

Amendment 39–11020.

Applicability: All Model SD3–60 SHERPA

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 breakage of the power control

cable assemblies due to the inflexible

construction of the cable, which could result

in loss of engine power and consequent

reduced controllability of the airplane,

accomplish the following:

Inspection and Corrective Actions

(a) At the next scheduled heavy

maintenance inspection, but no later than

1,200 flight hours after the effective date of

this AD: Perform a one-time inspection to

determine the part number (P/N) of the

power control cable assemblies and pulleys

of the engine controls, in accordance with

Part A of the Accomplishment Instructions of

Shorts Service Bulletin SD3–60 SHERPA–76–

1, Revision 2, dated March 21, 2000.

(1) If any power control cable assembly

having P/N SD3–47–1091 or SD3–47–1094 is

found, prior to further flight, replace the

power control cable assembly with a new

power control cable assembly in accordance

with Part B of the Accomplishment

Instructions of the service bulletin.

(2) If any pulley having P/N C181605 is

found, prior to further flight, replace the

pulley with a new pulley in accordance with

Part C of the Accomplishment Instructions of

the service bulletin.

Spares

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

person shall install on the engine controls of

any airplane a cable assembly having P/N

SD3–47–1091 or SD3–47–1094, or any pulley

having P/N C181605.

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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Manager, 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 Shorts Service Bulletin SD3–60

SHERPA–76–1, Revision 2, dated March 21,

2000, which contains the following list of

effective pages:

Page No. Revision level shown on page Date shown on

page

1, 3, 4, 7, 13, 27 ...................................................................................... 2 ................................................................................. Mar. 21, 2000.

2, 8, 10–12, 14–16, 23, 29 ...................................................................... 1 ................................................................................. Oct. 14, 1998.

5, 6, 9, 17–22, 24–26, 28 ........................................................................ Original ....................................................................... July 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 Short Brothers, Airworthiness &

Engineering Quality, P.O. Box 241, Airport

Road, Belfast BT3 9DZ, Northern Ireland.

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.

Effective Date

(f) This amendment becomes effective on

December 4, 2000.

Issued in Renton, Washington, on October

23, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27629 Filed 10–27–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–376–AD; Amendment

39–11949; AD 2000–22–03]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Model DH.125, Model HS.125, Model

BH.125, Model BAe.125 Series 800A

(Including Major Variants C–29A and

U1–25), Model Hawker 800, Model

Hawker 800XP, and Model Hawker 1000

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Raytheon Model

DH.125, Model HS.125, Model BH.125,

Model BAe.125 Series 800A, Model

Hawker 800, Model Hawker 800XP, and

Model Hawker 1000 series airplanes,

that requires leak checks and

inspections for corrosion of the pitot/

static and stall vent drain valves, and

replacement of certain components, if

necessary. This amendment is prompted

by reports of plugged or taped drain

valves as well as consequent corrosion

of certain drain valves. The actions

specified by this AD are intended to

prevent erroneous altimeter and

airspeed indications due to plugged or

taped pitot/static and stall vent drain

valves.

DATES: Effective December 4, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

4, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Raytheon Aircraft Company,

Manager-Service Engineering, Hawker

Customer Support Department, P. O.

Box 85, Wichita, Kansas 67201–0085.

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 FAA,

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidVerDate 11<MAY>2000 14:32 Oct 27, 2000 Jkt 194001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM pfrm08 PsN: 30OCR1
Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations 64603

Continent Airport, Wichita, Kansas; or

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Paul

DeVore, Aerospace Engineer, Systems

and Propulsion Branch, ACE–116W,

FAA, Wichita, Kansas 67209; telephone

316) 946–4142; fax (316) 946–4407.

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 Raytheon

Model DH.125, Model HS.125, Model

BH.125, Model BAe.125 Series 800A,

Model Hawker 800, Model Hawker

800XP, and Model Hawker 100 series

airplanes was published in the Federal

Register on June 19, 2000 (65 FR 37922).

That action proposed to require leak

checks and inspections for corrosion of

the pitot/static and stall vent drain

valves, and replacement of certain

components, if necessary.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 900

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

585 airplanes of U.S. registry will be

affected by this AD, that it will take

approximately 4 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be

$140,400, or $240 per airplane.

The cost impact figure discussed

above is 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. The cost impact

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

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:

2000–22–03 Raytheon Aircraft Co. (Formerly

Beech): Amendment 39–11949. Docket

99–NM–376–AD.

Applicability: Model DH.125, Model

HS.125, Model BH.125, Model BAe.125,

Model Hawker 800, Model Hawker 800XP,

and Model Hawker 1000 series airplanes; as

listed in Raytheon Aircraft Service Bulletin

SB 34–3207, dated August 1999; excluding

those airplanes on which all pitot/static drain

vent valves have been modified with an

insert in accordance with Raytheon Aircraft

Repair Design Office instructions; certificated

in any category.

Note 1: This AD applies to each airplane

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 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 (f) 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 erroneous altimeter and

airspeed indications due to plugged or taped

pitot/static and stall vent drain valves,

accomplish the following:

Leak Tests

(a) Within 300 hours time-in-service after

the effective date of this AD: Drain the pitot/

static and stall vent drain valves, and

perform a leak test of the systems, in

accordance with Raytheon Aircraft Service

Bulletin SB 34–3207, dated August 1999. If

all drain valves are operating correctly and

the leak test is passed successfully,

thereafter, repeat the leak test at intervals not

to exceed 300 hours time-in-service.

Drain Valves Operative, Leak Test Failed

(b) If all drain valves are operative, but any

valve does not pass the leak test required by

paragraph (a) of this AD: Prior to further

flight, accomplish the actions specified in

paragraph (b)(1), (b)(2), or (b)(3) of this AD.

(1) Apply a temporary seal of the drain

valve(s) in accordance with Raytheon

Aircraft Service Bulletin SB 34–3223, dated

August 1999. Within 300 hours time-inservice after the accomplishment of the

temporary seal, accomplish the requirements

of paragraph (b)(2) or (b)(3) of this AD.

(2) Replace the drain valve components

with new or serviceable drain valve

components in accordance with Raytheon

Aircraft Service Bulletin SB 34–3207, dated

August 1999, and perform the leak test

specified in paragraph (a) of this AD.

Thereafter, repeat the requirements of

paragraph (a) of this AD at intervals not to

exceed 300 hours time-in-service.

(3) Modify the drain valves in accordance

with Raytheon Aircraft Service Bulletin SB

34–3282, dated August 1999. Thereafter,

repeat the requirements of paragraph (a) of

this AD at intervals not to exceed 300 hours

time-in-service unless all the drain valves

have been modified. Accomplishment of this

modification on ALL drain valves constitutes

terminating action for the requirement to

perform repetitive leak tests.

Drain Valves Inoperative

(c) If any drain valve is inoperative (e.g.,

plugged or taped), whether or not any leaking

is detected: Prior to further flight,

disassemble the valve and clean all

obstructions in accordance with Raytheon

Aircraft Service Bulletin SB 34–3207, dated

August 1999, and perform a general visual

inspection for corrosion of the drain valve.

64604 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations

Note 2: For the purposes of this AD, a

general visual inspection is defined as: ‘‘A

visual examination of an interior or exterior

area, installation, or assembly to detect

obvious damage, failure, or irregularity. This

level of inspection is made under normally

available lighting conditions such as

daylight, hangar lighting, flashlight, or

droplight, and may require removal or

opening of access panels or doors. Stands,

ladders, or platforms may be required to gain

proximity to the area being checked.’’

(d) If no corrosion of the drain valves is

detected, prior to further flight, perform the

actions specified in either paragraph (d)(1) or

(d)(2) of this AD at the time specified.

(1) Perform the leak test specified in

paragraph (a) of this AD, and thereafter,

repeat the leak test requirements at intervals

not to exceed 300 hours time-in-service.

(2) Prior to further flight, modify any

inoperative valve in accordance with

Raytheon Aircraft Service Bulletin SB 34–

3282, dated August 1999. Thereafter, repeat

the leak test requirements of paragraph (a) of

this AD at intervals not to exceed 300 hours

time-in-service. Modification of ALL the

drain valves constitutes terminating action

for the requirement to perform repetitive leak

tests.

(e) If any drain valve is corroded, prior to

further flight: Inspect the connecting tubing

for corrosion and replace any corroded valve

or tubing with a new or serviceable valve or

tubing in accordance with Raytheon Aircraft

Service Bulletin SB 34–3207, dated August

1999. Accomplish the actions of paragraph

(e)(1) or (e)(2) of the AD at the time specified.

(1) Prior to further flight, perform the leak

test specified in paragraph (a) of this AD, and

thereafter, repeat the leak test requirements

of paragraph (a) of this AD at intervals not

to exceed 300 hours time-in-service.

(2) Prior to further flight, modify any

replaced drain valve in accordance with

Raytheon Aircraft Service Bulletin SB 34–

3282, dated August 1999. Thereafter, repeat

the leak test requirements of paragraph (a) of

this AD at intervals not to exceed 300 hours

time-in-service. Modification of ALL the

drain valves constitutes terminating action

for the requirement to perform repetitive leak

tests.

Alternative Methods of Compliance

(f) 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, Wichita

Aircraft Certification Office (ACO), ACE–

116W, FAA. Operators shall submit their

requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Wichita ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

Special Flight Permit

(g) 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

(h) The actions shall be done in accordance

with Raytheon Aircraft Service Bulletin SB

34–3207, dated August 1999; Raytheon

Aircraft Service Bulletin SB 34–3223, dated

August 1999; or Raytheon Aircraft Service

Bulletin SB 34–3282, dated August 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 Raytheon Aircraft Company, ManagerService Engineering, Hawker Customer

Support Department, P. O. Box 85, Wichita,

Kansas 67201–0085. Copies may be inspected

at the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Wichita Aircraft

Certification Office, 1801 Airport Road,

Room 100, Mid-Continent Airport, Wichita,

Kansas; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Effective Date

(i) This amendment becomes effective on

December 4, 2000.

Issued in Renton, Washington, on October

23, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27631 Filed 10–27–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 172

[Docket No. 92F–0305]

Food Additives Permitted for Direct

Addition to Food for Human

Consumption; Polydextrose

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of polydextrose as a bulking

agent, texturizer, or both in

tablespreads. This action is in response

to a petition filed by Pfizer, Inc.

DATES: This rule is effective October 30,

2000. Submit written objections and

requests for a hearing by November 29,

2000.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

5630 Fishers Lane, rm. 1061, Rockville,

MD 20852.

FOR FURTHER INFORMATION CONTACT:

Rosalie M. Angeles, Center for Food

Safety and Applied Nutrition (HFS–

206), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–418–3107.

SUPPLEMENTARY INFORMATION:

I. Introduction

In a notice published in the Federal

Register of August 24, 1992 (57 FR

38311), FDA announced that a food

additive petition (FAP 2A4332) had

been filed by Pfizer, Inc., 235 East 42d

St., New York, NY 10017–5755. Pfizer,

Inc., subsequently announced the sale of

the Pfizer Food Science Group and the

transfer of the petition to Cultor Food

Science, Inc., 430 Saw Mill River Rd.,

Ardsley, NY 10502. Recently, the

petitioner announced a name change

from Cultor Food Science, Inc., to

Danisco Cultor America, Inc. (Danisco),

to reflect the acquisition of the company

by Danisco. The petition proposed to

amend the food additive regulations in

§ 172.841 Polydextrose (21 CFR 172.841)

to provide for the safe use of

polydextrose as a bulking agent,

texturizer, or both in tablespreads.

Polydextrose is intended to replace

fully caloric ingredients and to produce

reduced- or lower calorie and/or lowerfat tablespreads. The proposed use level

of polydextrose in tablespreads is 5 to

12 percent with the weighted mean use

level estimated to be 8.5 percent. The

petitioner contends that this use level

makes possible the formulation of

lower-calorie tablespreads that compare

favorably with prototypes that contain

no polydextrose. The petitioner

submitted data to substantiate this claim

and to demonstrate that the use of

polydextrose in tablespreads is

technologically self-limiting (Ref. 1).

II. Conclusions

FDA estimated that the mean

consumption of polydextrose from the

proposed use in tablespread is 0.7 gram

per person per day (g/p/d). The agency

considers this consumption

insignificant compared to the estimated

cumulative intake of polydextrose of

17.5 g/p/d from all currently regulated

uses of the additive. Therefore, FDA

concludes that there will be a negligible

increase in dietary exposure to

polydextrose from the issuance of this

amendment to the regulation (Ref. 2).

FDA has evaluated data in the

petition and other relevant material in

its files. Based on this information, the

agency concludes that: (1) The proposed

food additive use is safe, (2) the additive

will achieve its intended technical

effect, and therefore, (3) the regulation