Unknown. Final rule; request for comments

4,177 words·~19 min read·/register/2000/11/15/00-29050·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-11-15.xml --- 65 221 Wednesday, November 15, 2000 Contents Agriculture Agriculture Department See Forest Service See Rural Business-Cooperative Service Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-29209 69020-69022 00-29210 00-29259 00-29260 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 68894-68896 00-29101 00-29102 00-29103 00-29104 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Customs Customs Service RULES Technical amendments, 68886-68888 00-29091 Defense Defense Department PROPOSED RULES Civilian health and medical program of uniformed services (CHAMPUS):

Enuretic devices, breast reconstruction surgery, Persons with Disabilities Program valid authorization period, and early intervention services, 68957-68959 00-29013 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 68983-68984 00-29166 Submission for OMB review; comment request, 68984-68985 00-29167 00-29168 Employment Employment and Training Administration NOTICES Adjustment assistance: Automation Technology, Corp., 69048 00-29157 Baker Atlas, 69048-69049 00-29154 Carleton Woolen Mills, Inc., 69049 00-29159 Facemate PL/GF, Inc., et al., 69049-69050 00-29160 Rycraft, Inc., 69050 00-29156 Adjustment assistance and NAFTA transitional adjustment assistance:

Trinity Industries, Inc., 69048 00-29158 Labor surplus areas classifications: Annual list, 69187-69207 00-28838 NAFTA transitional adjustment assistance: Joseph Timber Co., 69050 00-29155 Louisiana Pacific Corp., 69050-69051 00-29153 Plum Creek Timber, 69051 00-29152 Energy Energy Department See Federal Energy Regulatory Commission RULES Acquisition regulations: Management and operating contracts; patent regulations; revision, 68932-68948 00-28629 EPA Environmental Protection Agency RULES Air programs; approval and promulgation;

State plans for designated facilities and pollutants: Florida, 68905-68908 00-29217 Missouri, 68904-68905 00-29058 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Wisconsin, 68901-68904 00-29221 Air quality implementation plans; approval and promulgation; various States: Massachusetts, 68896-68900 00-29066 00-29067 Hazardous waste program authorizations: Massachusetts, 68915-68919 00-29059 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Copper sulfate pentahydrate, 68908-68912 00-28715 Pyriproxyfen, 68912-68915 00-28811 Toxic substances: Asbestos worker protection, 69209-69217 00-29232 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Florida, 68959-68960 00-29218 Missouri, 68960 00-29057 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Wisconsin, 68959 00-29222 Hazardous waste program authorizations:

Massachusetts, 68960 00-29060 NOTICES Meetings: National Drinking Water Advisory Council, 68999 00-29227 Reports and guidance documents; availability, etc.: Western Regional Air Partnership; Grand Canyon Visibility Transport Commission1996 report annex, 68999-69000 00-29226 Toxic and hazardous substances control: Interagency Testing Committee report; comment request, 69133-69136 00-29051 Water pollution; discharge of pollutants (NPDES): Massachusetts and New Hampshire; water treatment facility discharges; general permits, 69000-69013 00-29225 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Airbus, 68876-68879 00-28966 00-28967 Bell, 68884-68885, 00-29049 68873-68875 00-29050 Empresa Brasileira de Aeronautica, S.A., 68879-68882 00-28964 00-28965 Fokker, 68882-68884 00-28962 Rolls-Royce Spey, 68875-68876 00-28960 PROPOSED RULES Airworthiness directives: Bell, 68953-68955 00-29211 Boeing, 68955-68957 00-29214 NOTICES Air traffic operating and flight rules, etc.: LaGuardia Airport; reallocation of exemption slots by lottery, 69126-69129 00-29356 FCC Federal Communications Commission RULES Common carrier services:

Competitive bidding procedures for all auctionable services Correction, 68924-68927 00-29094 Personal communications services— Broadband rules; competitive bidding procedures and commercial mobile radio service spectrum cap; petitions denied, 68927-68932 00-29323 NOTICES Agency information collection activities: Submission for OMB review; comment request, 69013 00-29189 Committees; establishment, renewal, termination, etc.: Technological Advisory Council, 69013-69014 00-29190 Rulemaking proceedings; petitions filed, granted, denied, etc., 69014 00-29188 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Various States, 68919-68924 00-29128 PROPOSED RULES Flood elevation determinations: Various States, 68960-68969 00-29127 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Ameren Energy Generating Co. et al., 68991-68992 00-29177 Handsome Lake Energy, LLC, et al., 68992-68995 00-29176 Environmental statements; availability, etc.: Oconto Electric Cooperative, 68995 00-29205 Wisconsin River Power Co. et al., 68995 00-29202 Hydroelectric applications, 68995-68999 00-29195 00-29197 00-29198 00-29203 *Applications, hearings, determinations, etc.:* ANP Funding I, L.L.C., 68985-68986 00-29171 Arizona Independent Scheduling Administrator Association, 68986 00-29207 Commonwealth Edison Co., 68986 00-29174 Duke Power, 68986-68987 00-29173 Griffith Energy, LLC, 68987 00-29175 KPIC North America Corp., 68987 00-29172 Mississippi River Transmission Corp., 68987-68988 00-29199 New York Power Authority, 68988 00-29204 North Baja Pipeline LLC, 68988-68989 00-29206 Northern Natural Gas, Co., 68989-68990 00-29200 Potomac Electric Power Co. et al., 68990 00-29192 Southern Company Services, Inc., 68990 00-29201 Texas Eastern Transmission Corp., 68990-68991 00-29193 Viking Gas Transmission Co., 68991 00-29194 Federal Highway Federal Highway Administration NOTICES Meetings:

Intelligent Transportation Society of America, 69129-69130 00-29268 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 69014-69015 00-29264 Ocean transportation intermediary licenses: Atlantic Pacific International, Inc., et al., 69015 00-29267 Cargoza Forwarding Corp. et al., 69015 00-29266 TAT International, Inc., 69015 00-29265 Federal Mediation Federal Mediation and Conciliation Service NOTICES Grants and cooperative agreements; availability, etc.: Labor-Management Cooperation Program, 69016-69018 00-29026 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 69018-69019 00-29169 Meetings; Sunshine Act, 69019 00-29301 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service PROPOSED RULES Financial management services: Federal-State funds transfers; rules and procedures Meetings; correction, 69132 C0-28579 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 69043-69044 00-29118 00-29126 Food Food and Drug Administration RULES Food additives:

Polymers— Hydrogenated butadiene/acrylonitrile copolymers, 68888-68890 00-29164 NOTICES Reports and guidance documents; availability, etc.: Food and Drug Administration Modernization Act of 1997— Recognized standards list modifications (Recognition List Number: 004), 69022-69030 00-29165 Forest Forest Service NOTICES Environmental statements; notice of intent: Colville National Forest, WA, 68973 00-29125 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Grants:

Grants management regulations; amendments, 68969-68971 00-29111 NOTICES Meetings: National Bioethics Advisory Commission, 69019-69020 00-29163 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 69030-69031 00-29108 Submission for OMB review; comment request, 69031 00-29107 Housing Housing and Urban Development Department RULES Mortgage and loan insurance programs: HUD-assisted multifamily rental projects; increased distributions to owners Correction, 68891 00-29098 NOTICES Agency information collection activities:

Proposed collection; comment request, 69041-69043 00-29096 00-29097 Indian Indian Affairs Bureau NOTICES Judgment funds; plans for use or distribution: Menominee Tribe of Wisconsin, 69044-69045 00-29150 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes: Stock transfer rules Earnings and taxes carryover, 69137-69182 00-28950 International International Trade Administration NOTICES Antidumping:

Antifriction bearings (other than tapered roller bearings) and parts from— Various countries, 68974-68976 00-29257 Dynamic random access memory semiconductors of one megabit or above from— Korea, 68976-68978 00-29256 Electrolytic manganese dioxide from— Greece, 68978-68979 00-29258 Gray portland cement and clinker from— Japan and Mexico, 68979-68980 00-29252 Antidumping and countervailing duties: Gray portland cement and clinker from— Venezuela, 68974 00-29253 Export trade certificates of review, 68981-68982 00-29092 *Applications, hearings, determinations, etc.:* Central Institute for the Deaf, 68980 00-29254 Washington University School of Medicine et al., 68981 00-29255 Justice Justice Department See Justice Programs Office RULES Freedom of Information Act; implementation:

Access to documents by former Department employees, 68891-68892 00-29208 Justice Justice Programs Office NOTICES Grants and cooperative agreements; availability, etc.: Selected police and sheriffs’ departments; hate crime statistics data collection, 69046-69048 00-29090 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Organization, functions, and authority delegations: Civil Rights Center, 69183-69185 00-29095 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Utah, 69045 00-29121 National Archives National Archives and Records Administration NOTICES Meetings: Records of Congress Advisory Committee, 69051-69052 00-29106 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Honda Motor Co., Ltd., 69130-69131 00-29240 National Institute National Institute of Standards and Technology NOTICES Inventions, Government-owned; availability for licensing, 68982 00-29161 Meetings:

Advanced Technology Visiting Committee, 68982-68983 00-29162 NIH National Institutes of Health NOTICES Agency information collection activities: Proposed collection; comment request, 69031-69032 00-29132 Meetings: National Cancer Institute, 00-29138 69032-69033 00-29139 00-29141 National Center for Complementary and Alternative Medicine, 69033 00-29131 National Center for Research Resources, 69034 00-29135 National Eye Institute, 69034 00-29143 National Heart, Lung, and Blood Institute, 69034 00-29142 National Human Genome Research Institute, 69034-69035 00-29140 National Institute of Allergy and Infectious Diseases, 69036 00-29148 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 69035-69036 00-29136 00-29137 National Institute of Mental Health, 69035 00-29130 00-29133 00-29134 Scientific Review Center, 69036-69041 00-29129 00-29144 00-29145 00-29146 00-29147 00-29149 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 68951-68952 00-29271 PROPOSED RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Western Pacific Fishery Management Council; meetings, 68971-68972 00-29270 NOTICES Permits: Marine mammals, 68983 00-29269 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 69045-69046 00-29120 National Science National Science Foundation NOTICES Meetings:

Artificial retina, research to develop; seminar, 69052 00-29170 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites: Union Carbide Corp. facility, Lawrenceburg, TN, 69055-69057 00-29251 Meetings: Reactor Safeguards Advisory Committee, 69057 00-29247 Meetings; Sunshine Act, 69057-69058 00-29354 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 69058-69071 00-29250 *Applications, hearings, determinations, etc.:* Commonwealth Edison Co., 69052-69053 00-29249 Klepadlo, David D., 69053-69055 00-29248 Occupational Occupational Safety and Health Administration NOTICES Meetings:

Maritime Advisory Committee for Occupational Safety and Health, 69051 00-29262 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 68892-68894 00-29231 NOTICES Multiemployer plans: Interest rates and assumptions, 69071-69072 00-29230 Presidential Presidential Documents PROCLAMATIONS Craters of the Moon National Monument; boundary enlargement (Proc. 7373), 69219-69225 00-29452 Vermilion Cliffs National Monument; establishment (Proc. 7374), 69227-69230 00-29453 *Special observances:* American Indian Heritage Month, National (Proc. 7372), 68871-68872 00-29297 Education Week, International (Proc. 7376), 69233-69236 00-29462 Veterans Day (Proc. 7375), 69231-69232 00-29454 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Railroad Railroad Retirement Board NOTICES Meetings;

Sunshine Act, 69072 00-29310 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities: Proposed collection; comment request, 68973-68974 00-29115 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— New England Life Insurance Co. et al., 69073-69079 00-29178 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 69079-69080 00-29184 Boston Stock Exchange, Inc., 69080-69082 00-29180 Chicago Board Options Exchange, Inc., 69082-69084 00-29187 National Association of Securities Dealers, Inc., 69084-69109 00-29020 Pacific Exchange, Inc., 69109-69113 00-29181 00-29183 00-29185 Philadelphia Stock Exchange, Inc., 69113-69116 00-29182 00-29186 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 69072 00-29113 Yellowave Corp., 69072-69073 00-29114 Social Social Security Administration NOTICES Social security acquiescence rulings:

Salamalekis v. Apfel; entitlement to trial work period before benefits award approved and before 12 months have elapsed since alleged disability onset, 69116-69118 00-29191 State State Department NOTICES Meetings: Shipping Coordinating Committee, 69118 00-29244 00-29245 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 69041 00-29123 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Burlington Northern & Santa Fe Railway Co., 69131 00-29077 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Dispute settlement panel establishment requests— Malaysia; shrimp and shrimp products import restrictions, 69118-69120 00-29241 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board RULES Disadvantaged business enterprises participation in DOT financial assistance programs; threshold requirements and other technical revisions, 68949-68951 00-29100 NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 69120 00-29234 00-29236 00-29237 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 69121 00-29235 00-29238 00-29239 Reports and guidance documents; availability, etc.: Alternative dispute resolution; policy statement, 69121-69126 00-29099 Treasury Treasury Department See Customs Service See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 69133-69136 00-29051 Part III Department of Treasury, Internal Revenue Service, 69137-69182 00-28950 Part IV Department of Labor, 69183-69185 00-29095 Part V Department of Labor, Employment and Training Administration, 69187-69207 00-28838 Part VI Environmental Protection Agency, 69209-69217 00-29232 Part VII The President, 69219-69232 00-29452 00-29453 00-29454 Part VIII The President, 69233-69236 00-29462 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 221 Wednesday, November 15, 2000 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2000-SW-36-AD;

Amendment 39-11984; AD 2000-18-52] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron, Inc.—Manufactured Model OH-13E, OH-13H, and OH-13S 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)2000-18-52 which was sent previously to all known U.S. owners and operators of Bell Helicopter Textron, Inc. (BHTI)-manufactured Model OH-13E, OH-13H, and OH-13S helicopters by individual letters. This AD requires a liquid penetrant or eddy current inspection of the threads on each main rotor blade grip

(grip)for a crack. The inspections must be accomplished within 100 hours time-in-service

(TIS)since initial installation on any helicopter or within 10 hours TIS for grips with 100 or more hours TIS and thereafter at intervals not to exceed 200 hours TIS. This AD also establishes a retirement life of 1200 hours TIS for affected grips. This amendment is prompted by the results of an investigation of an August 1998 accident in which a grip failed on a BHTI Model 47G-2 helicopter due to a fatigue crack. The OH-13E, OH-13H, and OH-13S helicopters use the same grips as the Model 47G-2 helicopters. The actions specified by this AD are intended to prevent failure of a grip, loss of a main rotor blade, and subsequent loss of control of the helicopter. DATES: Effective November 30, 2000, to all persons except those persons to whom it was made immediately effective by Emergency AD 2000-18-52, issued on September 1, 2000, which contained the requirements of this amendment. Comments for inclusion in the Rules Docket must be received on or before January 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-36-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. FOR FURTHER INFORMATION CONTACT: Marc Belhumeur, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Rotorcraft Certification Office, Fort Worth, Texas 76193-0170, telephone

(817)222-5177, fax

(817)222-5783. SUPPLEMENTARY INFORMATION: On May 12, 1987, the FAA issued AD 86-06-08R1, Docket No. 86-ASW-10 (52 FR 24135, June 29, 1987), which amended AD 86-06-08 (51 FR 11300, April 2, 1986). Those AD's required an initial and repetitive fluorescent dye penetrant inspection of each grip on BHTI Model 47 helicopters and on BHTI-manufactured Model OH-13E, OH-13H, and OH-13S helicopters. On August 31, 2000, the FAA issued AD 2000-58-51, Docket No. 2000-SW-35-AD, that superseded those previous AD's, changed the compliance time, and established a retirement life for the grips on the BHTI Model 47 series helicopters. To address the same unsafe condition as is addressed for the Model 47 series helicopters in AD 2000-58-51, the FAA issued Emergency AD 2000-18-52 on September 1, 2000 for BHTI-manufactured Model OH-13E, OH-13H, and OH-13S helicopters. The emergency AD requires a liquid penetrant or eddy current inspection of the threads on each grip for a crack. The inspections must be accomplished within 100 hours TIS since initial installation on any helicopter or within 10 hours TIS for grips with 100 or more hours TIS, and thereafter at intervals not to exceed 200 hours TIS. That emergency AD also establishes a retirement life of 1200 hours TIS for affected grips. That action was prompted by the results of an investigation of an August 1998 accident in which a grip failed on a BHTI Model 47G-2 helicopter due to a fatigue crack. An analysis of Australian field service data revealed fatigue cracks in the majority of the grips inspected. Since issuance of Emergency AD 2000-18-52, other cracked grips with less than 1200 hours TIS have been discovered. The OH-13E, OH-13H, and OH-13S helicopters use the same grips as the Model 47G-2 helicopters. This condition, if not corrected, could result in failure of a grip, loss of a main rotor blade, and subsequent loss of control of the helicopter. Since the unsafe condition described is likely to exist or develop on other BHTI-manufactured Model OH-13E, OH-13H, and OH-13S helicopters of the same type design, the FAA issued Emergency AD 2000-18-52 to prevent failure of a grip, loss of a main rotor blade, and subsequent loss of control of the helicopter. The AD requires the following: • Within the first 100 hours TIS since initial installation on any helicopter or within the next 10 hours TIS if 100 hours TIS has been exceeded, conduct a liquid penetrant or eddy current inspection of the grip threads for a crack. • Thereafter, conduct the liquid penetrant or eddy current inspection at intervals not to exceed 200 hours TIS. • If a crack is detected, before further flight, replace the cracked grip with an airworthy grip. • Establish a retirement life of 1200 hours TIS. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the structural integrity and controllability of the helicopter. Therefore, the above actions are required at the specified time intervals, 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 September 1, 2000 to all known U.S. owners and operators of BHTI-manufactured Model OH-13E, OH-13H, and OH-13S 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 300 helicopters of U.S. registry will be affected by this AD, that it will take approximately 10 work hours per helicopter to accomplish either inspection, and that the average labor rate is $60 per work hour. Required parts, if a grip needs to be replaced, will cost approximately $4,000 per grip (there are two grips on each helicopter). Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $2,580,000, assuming one inspection per helicopter and replacement of both grips on each helicopter. Comments Invited Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their 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-36-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 FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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: **2000-18-52 Gifton McCreay (Formerly Aerodyne Systems Engineering, LTD., Formerly Texas Helicopter Corp.), Continental Copters, Inc., Teryjon Aviation Inc., Hawkeye Rotor and Wing Flight School:** Amendment 39-11984. Docket No. 2000-SW-36-AD. *Applicability:* Bell Helicopter Textron, Inc. (BHTI)-manufactured Model OH-13E, OH-13H, and OH-13S helicopters, with main rotor blade grips, part number (P/N) 47-120-135-2, 47-120-135-3, 47-120-135-5, 47-120-252-1, 47-120-252-7, 47-120-252-11, 74-120-252-11, and 74-120-135-5, 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 a main rotor blade grip (grip), separation of a main rotor blade, and subsequent loss of control of the helicopter, accomplish the following:

(a)Within 100 hours time-in-service

(TIS)since initial installation on any helicopter or within 10 hours TIS for grips with 100 or more hours TIS, conduct a liquid penetrant or eddy current inspection of the grip threads for a crack. Thereafter, conduct the liquid penetrant or eddy current inspection at intervals not to exceed 200 hours TIS. If a crack is detected, before further flight, replace the cracked grip with an airworthy grip.

(b)On or before 1200 hours TIS, replace each grip with an airworthy grip. This AD establishes a retirement life of 1200 hours TIS for grips, P/N 47-120-135-2, 47-120-135-3, 47-120-135-5, 47-120-252-1, 47-120-252-7, 47-120-252-11, 74-120-252-11, and 74-120-135-5.

(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, Rotorcraft 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, Rotorcraft Certification Office. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Rotorcraft Certification Office.

(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)This amendment becomes effective on November 30, 2000, to all persons except those persons to whom it was made immediately effective by Emergency AD 2000-18-52, issued September 1, 2000, which contained the requirements of this amendment. Issued in Fort Worth, Texas, on November 2, 2000. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 00-29050 Filed 11-14-00; 8:45 am]

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