Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations 10361

Accordingly, the comment period for

Notice No. 00–15 is extended until

March 29, 2001.

Ronald T. Wojnar,

Acting Director, Aircraft Certification Service.

[FR Doc. 01–3884 Filed 2–12–01; 5:02 pm]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–54–AD; Amendment

39–12105; AD 2001–01–51]

RIN 2120–AA64

Airworthiness Directives; Bell

Helicopter Textron Canada Model 222,

222B, 222U, 230, and 430 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)

2001–01–51, which was sent previously

to all known U.S. owners and operators

of Bell Helicopter Textron Canada

(BHTC) Model 222, 222B, 222U, 230,

and 430 helicopters by individual

letters. This AD requires visually

inspecting the main rotor hydraulic

actuator support (support) to verify the

presence of all dowel pins and sealant

between the support and transmission

and verifying the proper torque of each

attaching nut (nut). This amendment is

prompted by the failure of a support

resulting in an accident of a BHTC

Model 222U helicopter. All retaining

studs and shear pins were found

sheared or pulled out at the junction

between the support and the

transmission case. The actions specified

by this AD are intended to prevent

failure of the support and subsequent

loss of control of the helicopter.

DATES: Effective March 2, 2001, to all

persons except those persons to whom

it was made immediately effective by

Emergency AD 2001–01–51, issued on

January 5, 2001, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 2,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

April 16, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

54–AD, 2601 Meacham Blvd., Room

663, Fort Worth, Texas 76137. You may

also send comments electronically to

the Rules Docket at the following

address: 9-asw-adcomments@faa.gov.

The applicable service information

may be obtained from Bell Helicopter

Textron Canada, 12,800 Rue de l’Avenir,

Mirabel, Quebec JON1LO, telephone

(450) 437–2862 or (800) 363–8023, fax

(450) 433–0272. This information may

be examined 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.

FOR FURTHER INFORMATION CONTACT: Jim

Grigg, Aviation Safety Engineer, FAA,

Rotorcraft Directorate, Regulations

Group, Fort Worth, Texas 76193–0111,

telephone (817) 222–5490, fax (817)

222–5961.

SUPPLEMENTARY INFORMATION: On

January 5, 2001, the FAA issued

Emergency AD 2001–01–51 for BHTC

Model 222, 222B, 222U, 230, and 430

helicopters which requires visually

inspecting the support to verify the

presence of all dowel pins and sealant

between the support and the

transmission and verifying the proper

torque of each nut. That action was

prompted by the failure of a support

resulting in an accident of a BHTC

Model 222U helicopter. All retaining

studs and shear pins were found

sheared or pulled out at the junction

between the support and the

transmission case. This condition, if not

detected, could result in failure of the

support and subsequent loss of control

of the helicopter.

The FAA has reviewed BHTC Alert

Service Bulletin Nos. 222–00–86, 222U–

00–57, 230–00–18, and 430–00–17, all

dated May 19, 2000 (ASB’s), which

specify, within 25 hours time-in-service

(TIS), conducting a one-time inspection

of the support installation by

accomplishing a torque check of the

nuts. In addition, a revision to the

maintenance manual will introduce a

recurring torque check of the nuts.

Transport Canada, which is the

airworthiness authority for Canada,

classified these ASB’s as mandatory and

issued AD No. CF–2000–29 dated

September 6, 2000, to ensure the

continued airworthiness of these

helicopters in Canada.

Since the unsafe condition described

is likely to exist or develop on other

BHTC Model 222, 222B, 222U, 230, and

430 helicopters of the same type

designs, the FAA issued Emergency AD

2001–01–51 to prevent failure of the

support and subsequent loss of control

of the helicopter. The AD requires, at

specified time intervals, visually

inspecting the support to verify the

presence of all dowel pins and sealant

between the support and transmission

and verifying the proper torque of each

nut. Repairing or replacing any

unairworthy support, transmission case,

stud, or dowel pin and retorquing to

proper torque are required before further

flight. The actions must be

accomplished in accordance with the

ASB’s described previously. The short

compliance time involved is required

because the previously described

critical unsafe condition can adversely

affect the structural integrity of the

helicopter. Therefore, the actions

previously listed are required within 25

hours TIS, and this AD must be issued

immediately.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

letters issued on January 5, 2001, to all

known U.S. owners and operators of

BHTC Model 222, 222B, 222U, 230, and

430 helicopters. These conditions still

exist, and the AD is hereby published in

the Federal Register as an amendment

to section 39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective to all persons.

The FAA estimates that 145

helicopters of U.S. registry will be

affected by this AD, that it will take

approximately 1⁄2 work hour per

helicopter to inspect for proper torque,

and that the average labor rate is $60 per

work hour. The cost for the inspection

is estimated to be $4,350. Assuming 15

helicopters require removing the

support for additional inspections, it

would take approximately 6 additional

work hours at $60 per work hour and

$50 for parts at an additional total cost

of $410 per helicopter. Based on these

figures, the total cost impact of this AD

on U.S. operators is estimated to be

$10,500, assuming no supports have to

be replaced.

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.

10362 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

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 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 mailed

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. 2000–SW–

54–AD.’’ The postcard will be date

stamped and returned to the

commenter.

The regulations adopted herein will

not have a substantial direct effect on

the States, on the relationship between

the national Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, 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 a new airworthiness directive to

read as follows:

2001–01–51 Bell Helicopter Textron

Canada: Amendment 39–12105. Docket

No. 2000–SW–54–AD.

Applicability: Model 222, 222B, 222U, 230,

and 430 helicopters, with a main rotor

hydraulic actuator support (support), part

number (P/N) 222–040–125–001, 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 failure of the support and

subsequent loss of control of the helicopter,

accomplish the following:

(a) Within 25 hours TIS and thereafter at

intervals not to exceed 600 hours TIS,

accomplish the following:

(1) Visually inspect the support for the

presence of all dowel pins and for sealant

between the support and the transmission. If

any pin is missing, or if no sealant is visible,

before further flight, remove the support and

further inspect the support, transmission

case, studs, and dowel pins in accordance

with the Accomplishment Instructions,

paragraphs 5 through 7, of the applicable Bell

Helicopter Textron Alert Service Bulletin

Nos. 222–00–86, 222U–00–57, 230–00–18, or

430–00–17, all dated May 19, 2000 (ASB’s).

Repair or replace any unairworthy support,

transmission case, stud, or dowel pin before

further flight.

(2) Verify the torque of the support

attaching nuts (nuts). Upper nuts must not

rotate at a torque less than 40 in-lbs. Lower

nuts must not rotate at a torque less than 90

in-lbs.

(i) If two or more upper nuts rotate at a

torque less than 40 in-lbs. or two or more

lower nuts rotate at a torque less than 90 inlbs., before further flight, remove the support

and further inspect the support, transmission

case, studs, and dowel pins in accordance

with the Accomplishment Instructions,

paragraph 5 through 7, of the applicable

ASB’s. Repair or replace any unairworthy

support, transmission case, stud, or dowel

pin before further flight.

(ii) If less than two upper nuts rotate at a

torque less than 40 in-lbs. or less than two

lower nuts rotate at a torque less than 90 inlbs., before further flight, retorque the upper

nut to 50 to 70 in-lbs. plus tare and the lower

nut to 100 to 140 in-lbs. plus tare.

(b) At not less than 20 hours TIS nor more

than 30 hours TIS after reinstalling a support

for any reason, verify the torque of the nuts

in accordance with paragraph (a)(2) of this

AD.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Regulations

Group, Rotorcraft Directorate, FAA.

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 may be issued in

accordance with 14 CFR 21.197 and 21.199

to operate the helicopter to a location where

the requirements of this AD can be

accomplished.

(e) The inspections shall be done in

accordance with the Accomplishment

Instructions, paragraphs 5 through 7, of the

applicable Bell Helicopter Textron Alert

Service Bulletin Nos. 222–00–86, 222U–00–

57, 230–00–18, or 430–00–17, all dated May

19, 2000. 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 Bell Helicopter Textron Canada, 12,800

Rue de l’Avenir, Mirabel, Quebec JON1LO,

telephone (450) 437–2862 or (800) 363–8023,

fax (450) 433–0272. 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

March 2, 2001, to all persons except those

persons to whom it was made immediately

effective by Emergency AD 2001–01–51,

issued January 5, 2001, which contained the

requirements of this amendment.

Note 3: The subject of this AD is addressed

in Transport Canada (Canada) AD CF–2000–

29, dated September 6, 2000.

Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations 10363

Issued in Fort Worth, Texas, on February

2, 2001.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 01–3561 Filed 2–14–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF STATE

22 CFR Parts 41 and 42

[Public Notice 3570]

Documentation of Immigrants and

Nonimmigrants Under the Immigration

and Nationality Act, as Amended—

Refusal of Individual Visas

AGENCY: Department of State.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule adds two additional

grounds of ineligibility for a visa for

certain nonimmigrants to the listing of

those serving as bases for the refusal of

nonimmigrant visas by consular officers.

It adds one of those to the regulation

relating to crewmen. Moreover, the rule

adds another relatively new restriction

on the place of application for aliens

who have overstayed the allowable

period in the United States. Finally, in

the interest of consistency between the

rules relating to nonimmigrants and

immigrants, it also adds the appropriate

listing of bases for refusal of immigrant

visas. There are some editorial changes

to the current nonimmigrant rule on

refusals for the purpose of clarification

and to incorporate by reference the

essence of the legislation underlying the

procedures described therein.

DATES: Effective February 15, 2001.

Written comments may be submitted

through April 16, 2001.

ADDRESSES: Written comments may be

submitted, in duplicate, to the Chief,

Legislation and Regulations Division,

Visa Services, Department of State,

Washington, D.C. 20520–0106.

FOR FURTHER INFORMATION CONTACT: H.

Edward Odom, Chief, Legislation and

Regulations Division, Visa Services,

Department of State, Washington, D.C.

20520–0106, (202) 663–1204, e-mail

odomhe@state.gov, or fax at (202) 663–

3898.

SUPPLEMENTARY INFORMATION: Public

Laws 101–649, Immigration Act of 1990,

and 104–298, the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996, added two new grounds of

ineligibility to those already in the

Immigration and Nationality Act, as

amended, (INA). Each is classificationspecific, not a generic ineligibility such

as most of those found in INA 212(a). It

also added a provision invalidating the

visa of a person who had overstayed the

authorized period of stay in the United

States and requiring such an alien to

apply in his/her home country for a new

visa except under certain authorized

circumstances (INA 222(g)).

What Classes Are Affected?

The first of the new ineligibilities

relates to crewmen. As set forth in INA

214(f), it makes an alien unclassifiable

as a crewman under INA 101(a)(15)(D)

if the alien intends to land for the

purpose of joining a vessel or aircraft

during a labor dispute where there is a

strike or lockout involving the employer

and the bargaining unit of the employer.

This provision is also reflected in an

amendment of 22 CFR 41.41, Crewmen,

which is included herein.

The other such provision, which is

found in INA 214(l)—the second (l) in

INA 214—relates to students. It denies

an alien classification as a student

under INA 101(a)(15)(F)(1) for the

purpose of study at a public elementary

or publicly-funded adult education

program, or at a public secondary school

unless the total period of stay in the

latter educational institution is less than

one year and the student has fully

reimbursed the school for the costs of

such education. Students who have

been admitted in F–1 status for

attendance at private schools and then

transfer to a public school have, under

this provision, violated their status

unless the student has reimbursed the

school as noted above. The seriousness

of this provision is reinforced in a new

INA 212(a)(6)(G), which makes an

individual who violated student status

under INA 214(l) inadmissible for five

years after the date of the violation.

Although not specifically included in

the regulation covering INA 212(a)(6)(G)

at 22 CFR 40.67, the terms of INA 214(l)

were described in the supplementary

information in the interim rule

published at 62 FR 67564, December 29,

1997.

The essence of the INA 222(g)

provision is set forth above.

So Why This Rule Now?

This rule is being promulgated for the

primary purpose of adding those INA

214(f) and (l) citations to an existing

regulation, 22 CFR 41.121, which lists

the permissible grounds for denial of a

nonimmigrant visa application. The

necessity for so doing also provides an

opportunity to include editorial

revisions in paragraph (b) for the

purpose of greater clarity and noting by

reference the statutory basis for the

refusal procedures, and to add, again by

reference, the gist of INA 214(f) to the

crewman regulations. No substantive

changes to past and/or current

procedures are intended by the

revisions in subsection 41.121(b).

The refusal regulation with respect to

immigrant visa applicants equivalent to

section 41.121, namely 22 CFR 42.81,

does not now correspondingly specify

the applicable grounds of refusal in

immigrant cases. This rule inserts such

data in the interest of consistency.

Finally, the regulation at 41.122,

Grounds of Revocation of a Visa, does

not now include INA 222(g), which is

being added by reference in this rule.

Regulatory Analysis and Notices

Administrative Procedure Act

The Department is publishing this

rule as an interim rule, with a 60-day

provision for post-promulgation public

comments, based on the ‘‘good cause’’

exceptions set forth at 5 U.S.C.

553(b)(3)(B) and 553(d)(3). The

provisions of law being referred to in

this rule became effective on January 28,

1991, in the case of a crewman

proceeding to a job which is involved in

a strike or lockout, and, in the case of

student visa abusers, on November 29,

1996. More importantly, the rule makes

no substantive changes in visa

operations.

Regulatory Flexibility Act

Pursuant to § 605 of the Regulatory

Flexibility Act, the Department has

assessed the potential impact of this

rule, and the Assistant Secretary for

Consular Affairs hereby certifies that is

not expected to have a significant

economic impact on a substantial

number of small entities.

Unfunded Mandates Reform Act of 1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million in any

year and it will not significantly or

uniquely affect small governments.

Therefore, no actions were deemed

necessary under the provisions of the

Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement Act of

1996. This rule will not result in an

annual effect on the economy of $100

million or more; a major increase in

costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based