Unknown. Final rule; request for comments

4,102 words·~19 min read·/register/2003/02/28/03-4475·

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-2003-02-28.xml --- 68 40 Friday, February 28, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9632-9633 03-4743 Environmental statements; availability, etc.: Giant salvinia (aquatic weed); nonindigenous salvinia weevil release for biological control, 9633-9634 03-4742 Army Army Department See Engineers Corps NOTICES Meetings:

Army Education Advisory Committee, 9643 03-4403 Senior Executive Service: Performance Review Boards; membership, 9644 03-4787 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 9670-9671 03-4737 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Physician fee schedule (2003 CY); update, 9567-9580 03-4862 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9671 03-4694 Committees; establishment, renewal, termination, etc.: Ambulatory Payment Classification Groups Advisory Panel, 9671-9672 03-4804 Grants and cooperative agreements; availability, etc.: Medicaid— Competitive employment of people with disabilities; support infrastructure development, 9672-9673 03-4733 Medicare— Capitated disease management for beneficiaries with chronic illnesses, 9673-9680 03-3879 Medicaid:

New technology intraocular lenses furnished by ambulatory surgical centers; payment amounts appropriateness, 9680-9681 03-4734 Medicare: Intermediary, carrier, and durable medical equipment, prosthetics, orthotics, and supplies regional carriers; performance criteria and standards, 9681-9690 03-4087 Coast Guard Coast Guard RULES Drawbridge operations: Alabama, 9536-9537 03-4756 Louisiana, 03-4757 9535-9537 03-4758 Massachusetts, 9536 03-4759 Organization, functions, and authority delegations:

Agency transition to Homeland Security Department; technical amendments, 9533-9535 03-4763 Ports and waterways safety: Upper Mississippi River— Cairo, IL; safety zone, 9547-9548 03-4762 Vessels arriving in or departing from U.S. ports; notification requirements, 9537-9547 03-4408 PROPOSED RULES Drawbridge operations: Florida, 9609-9611 03-4760 Marine casualties and investigations: Chemical testing following serious marine incidents, 9622-9627 03-4809 Outer Continental Shelf activities:

Gulf of Mexico; safety zone, 9611-9613 03-4900 NOTICES Committees; establishment, renewal, termination, etc.: Cook Inlet Regional Citizen's Advisory Committee, 9733-9734 03-4764 Commerce Commerce Department See Economics and Statistics Administration See International Trade Administration See Minority Business Development Agency See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 9634 03-4803 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9641-9643 03-4659 03-4795 Defense Defense Department See Army Department See Engineers Corps RULES Acquisition regulations:

Technical amendments Correction, 9580 03-4699 PROPOSED RULES Acquisition regulations: Payment withholding, 9627-9628 03-4700 NOTICES Meetings: Science Board task forces, 03-4790 9643 03-4791 Economics Economics and Statistics Administration NOTICES Meetings: Economic Analysis Bureau Advisory Committee, 9634-9635 03-4746 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 9644-9645 03-4748 Reports and guidance documents; availability, etc.:

Constitutionally protected prayer in public elementary and secondary schools, 9645-9648 03-4693 Employment Employment and Training Administration NOTICES Labor surplus areas classification: Annual list; correction, 9642-9644 C3-2461 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 9724-9725 03-4498 Engineers Engineers Corps PROPOSED RULES Water pollution control: Clean Water Act— Waters of United States; definition, 9613-9614 03-4768 NOTICES Environmental statements; notice of intent:

Central and Southern Florida Project Comprehensive Review Integrated Water Preserve Areas Feasibility Study; cancellation, 9644 03-4786 EPA Environmental Protection Agency RULES Air pollution control; new motor vehicles and engines: Compression-ignition marine engines at or above 30 liters per cylinder; emission standards, 9745-9789 03-3065 Air quality implementation plans; approval and promulgation; various States: California, 9561-9565 03-4628 Florida, 9553-9559 03-4631 North Dakota, 9565-9567 03-4770 West Virginia, 9559-9561 03-4629 PROPOSED RULES Air quality implementation plans:

Preparation, adoption, and submittal— Prevention of significant deterioration and nonattainment new source review; routine maintenance, repair, and replacement, 9614-9615 03-4769 Air quality implementation plans; approval and promulgation; various States: West Virginia, 9615 03-4630 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 9615-9621 03-4509 Water pollution control: Clean Water Act— Waters of United States; definition, 9613-9614 03-4768 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9648-9649 03-4772 9649-9650 03-4773 Environmental statements; availability, etc.:

Agency statements— Comment availability, 9651-9652 03-4780 Weekly receipts, 9650-9651 03-4779 Grants and cooperative agreements; availability, etc.: National Environmental Information Exchange Network Program, 9652 03-4771 Pesticide, food, and feed additive petitions: E.I. du Pont de Nemours & Co., 9660-9666 03-4257 Pesticide registration, cancellation, etc.: Atrazine, 9652-9655 03-4778 EPTC, 9655-9656 03-4774 Thiram, 9656-9660 03-4776 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.:

Niagara Falls, NY; special flight rules in vicinity— Canadian flight management procedures, 9791-9795 03-4638 Airworthiness directives: Agusta S.p.A., 9504-9508 03-4478 Bell, 9520-9521, 9523-9525 03-4476 03-4477 Bombardier, 9509-9511 03-4347 Eurocopter France, 9503-9504 03-4475 Fokker, 9511-9513 03-4348 Hartzell Propeller, Inc., 9508-9509, 9518-9520 03-4483 03-4484 McDonnell Douglas, 9513-9518, 9525-9527 03-4241 03-4349 03-4487 Raytheon, 9521-9523 03-4586 Class E airspace, 9527-9528 03-4797 PROPOSED RULES Air traffic operating and flight rules, etc.:

Reduced vertical separation minimum in domestic U.S. airspace, 9817-9822 03-4765 Airworthiness directives: Bombardier, 9602-9607 03-4739 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 9607-9609 03-4738 NOTICES Passenger facility charges; applications, etc.: Metropolitan Oakland International Airport, CA, 9734 03-4798 San Diego International Airport, CA, 9734-9735 03-4799 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Freedom of Information Act; implementation; withdrawn, 9621-9622 03-4722 NOTICES Disaster and emergency areas:

Alaska, 9666 03-4723 Oklahoma, 9667 03-4724 South Carolina, 9667 03-4725 Space Shuttle Columbia— Louisiana, 9668-9669 03-4728 03-4729 Texas, 9667-9668 03-4726 03-4727 Meetings: Emergency Medical Services Federal Interagency Committee, 9669 03-4720 Radiological Emergency Preparedness: Planning guidance, 9669-9670 03-4721 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: Canadian National Railway, 9735 03-4766 Federal Transit Federal Transit Administration RULES Buy America requirements:

Certification procedures; corrections to inadvertent errors in certifications after bid opening, 9797-9800 03-4553 PROPOSED RULES Buy America requirements: Microcomputers; permanent waiver; withdrawn, 9800-9802 03-4552 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Phenylbutazone; prohibition of extralabel use, 9528-9530 03-4741 Medical devices: Hematology and pathology devices— Automated blood cell separator device operating by filtration principle; reclassification, 9530-9532 03-4690 NOTICES Human drugs:

Patent extension; regulatory review period determinations— ZOMETA, 9690-9691 03-4691 Foreign Foreign Assets Control Office NOTICES Victims of Trafficking and Violence Protection Act; implementation: Payments to persons holding categories of judgments against Cuba or Iran; correction, C3-03925 GIPSA Grain Inspection, Packers and Stockyards Administration PROPOSED RULES Fees: Official inspection and weighing services, 9589-9593 03-4688 Rice inspection services, 9593-9595 03-4689 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Meetings:

Infant Mortality Advisory Committee, 9691 03-4805 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 9703-9704 03-4732 Grant and cooperative agreement awards: Public and Indian housing— Housing Assistance Council et al., 9705 03-4785 Research and technology unsolicited proposals, 9704 03-4784 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 9704-9705 03-4449 Mortgage and loan insurance programs:

Debenture interest rates, 9705-9706 03-4783 Organization, functions, and authority delegations: Brockton, MS; post-of-duty station closure, 9707 03-4731 Immigration Immigration and Naturalization Service NOTICES Immigration: Naturalization Application (Form N-400); editions issued before May 31, 2001; termination of acceptance, 9723-9724 03-4863 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 9707-9708 03-4749 Watches and watch movements; allocation of duty-exemptions:

Virgin Islands, 9637-9638 03-4794 IRS Internal Revenue Service RULES Income taxes: Loans from qualified employer plan to plan participants or beneficiaries; correction, 9532-9533 03-4546 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9740 03-4807 Reports and guidance documents; availability, etc.: Art Advisory Panel; 2002 closed meetings, 9740-9741 03-4806 International International Trade Administration NOTICES Antidumping: Creatine monohydrate from— China, 9635-9636 03-4793 Persulfates from— China, 9636-9637 03-4792 Watches and watch movements; allocation of duty-exemptions:

Virgin Islands, 9637-9638 03-4794 International International Trade Commission NOTICES Import investigations: Ceramic station post insulators from— Japan, 9723 03-4808 Meetings; Sunshine Act, 9723 03-4867 Justice Justice Department See Immigration and Naturalization Service RULES Organization, functions, and authority delegations: Immigration and Naturalization Service; transfer to Homeland Security Department; reorganization of regulations, 9823-9846 03-4935 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Sierra Front-Northwestern Great Basin, 9708-9709 03-4736 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9709-9712 03-4904 Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.: Native American Business Development Center Program— New Mexico, 9638 03-4697 National Institute National Institute of Standards and Technology NOTICES Meetings:

Advanced Technology Program Advisory Committee, 9638 03-4745 Information Security and Privacy Advisory Board, 9638-9639 03-4744 NIH National Institutes of Health NOTICES Meetings: AIDS Research Office Advisory Council, 9691 03-4660 National Cancer Institute, 9691 03-4665 National Institute of Allergy and Infectious Diseases, 9696-9697 03-4678 National Institute of Child Health and Human Development, 03-4664 9693-9695 03-4667 03-4670 03-4671 National Institute of Environmental Health Sciences, 9696 03-4677 National Institute of General Medical Sciences, 9693, 9695 03-4666 03-4672 03-4674 National Institute on Aging, 03-4662 9692-9693 03-4663 National Institute on Alcohol Abuse and Alcoholism, 9695-9696 03-4675 Recombinant DNA Advisory Committee, 9697 03-4661 Scientific Review Center, 9697-9703 03-4673 03-4679 Warren Grant Magnuson Clinical Center Board of Governors, 9703 03-4676 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Atlantic sea scallop, 9580-9588 03-4782 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Rock sole and yellowfin sole, 9630-9631 03-4682 Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permit applications, 9628-9630 03-4680 03-4681 NOTICES Committees; establishment, renewal, termination, etc.: International Whaling Commission, 9639 03-4685 Meetings: Gulf of Mexico Fishery Management Council, 9639-9640 03-4683 New England Fishery Management Council, 9640 03-4684 Permits:

Marine mammals, 9640-9641 03-4686 03-4687 National Park National Park Service NOTICES Environmental statements; notice of intent: Buck Island Reef National Monument, VI, 9713 03-4811 Coral Reef National Monument, VI, 9713-9714 03-4812 Virgin Islands National Park, VI, 9714-9715 03-4810 Meetings: White House Preservation Committee, 9715 03-4813 Nuclear Nuclear Regulatory Commission PROPOSED RULES Radiation protection standards: Solid materials disposition control; environmental issues scoping process and workshop, 9595-9602 03-4752 NOTICES Environmental statements; availability, etc.:

Maine Yankee Atomic Power Co., 9727 03-4751 Savannah River Site, SC— Mixed oxide fuel fabrication facility; construction and operation, 9728-9729 03-4753 *Applications, hearings, determinations, etc.:* Nuclear Management Co., LLC, 9725-9727 03-4750 Patent Patent and Trademark Office RULES Patents: Invention promoters; complaints, 9551-9553 03-4428 Presidential Presidential Documents ADMINISTRATIVE ORDERS Cuba; continuation of the national emergency relating to the anchorage and movement of vessels (Notice of February 27, 2003), 9847-9849 03-5016 Reclamation Reclamation Bureau NOTICES Contract negotiations:

Tabulation of water service and repayment; quarterly status report, 9715-9722 03-4735 Research Research and Special Programs Administration NOTICES Hazardous materials: Carry-on or checked baggage; formal interpretation, 9735-9737 03-4800 Saint Lawrence Saint Lawrence Seaway Development Corporation RULES Seaway regulations and rules: Automatic Identification System transponder, 9549-9551 03-4740 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 9729 03-4695 Meetings;

Sunshine Act, 9729-9730 03-4950 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 9730-9732 03-4696 SBA Small Business Administration NOTICES Disaster loan areas: Northern Mariana Islands, 9732-9733 03-4730 Meetings: District and regional advisory councils— Connecticut, 9733 03-4755 Wisconsin, 9733 03-4754 State State Department NOTICES Foreign terrorists and terrorist organizations; designation: Riyadus-Salikhin Reconnaissance and Sabotage Battalion of Chechen Martyrs et al., 9733 03-4781 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Illinois Central Railroad Co., 9737-9738 03-4551 Illinois Indiana Development Co., LLC, et al., 9738 03-4621 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Research and Special Programs Administration See Saint Lawrence Seaway Development Corporation See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service RULES Terrorism Risk Insurance Program, 9803-9814 03-4831 PROPOSED RULES Terrorism Risk Insurance Program, 9814-9816 03-4832 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9738-9740 03-4698 03-4789 Separate Parts In This Issue Part II Environmental Protection Agency, 9745-9789 03-3065 Part III Transportation Department, Federal Aviation Administration, 9791-9795 03-4638 Part IV Transportation Department, Federal Transit Administration, 9797-9802 03-4552 03-4553 Part V Treasury Department, 9803-9816 03-4831 03-4832 Part VI Transportation Department, Federal Aviation Administration, 9817-9822 03-4765 Part VII Justice Department, 9823-9846 03-4935 Part VIII Executive Office of the President, Presidential Documents, 9847-9849 03-5016 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.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 40 Friday, February 28, 2003 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2002-SW-47-AD; Amendment 39-13062; AD 2003-04-13] RIN 2120-AA64 Airworthiness Directives;

Eurocopter France Model SA341G and SA342J Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. SUMMARY: This amendment adopts a new airworthiness directive

(AD)for Eurocopter France (Eurocoper) Model SA341G and SA342J helicopters. This action requires modifying an electric hoist (hoist) junction box (junction box). This amendment is prompted by the discovery of an anomaly affecting the resistor that is located in the junction box. The actions specified in this AD are intended to prevent failure of the hoist emergency load jettison switch, resulting in an inability of the pilot to cut the rescue hoist cable in the event of cable entanglement or other emergency and subsequent loss of control of the helicopter. DATES: Effective March 17, 2003. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of March 17, 2003. Comments for inclusion in the Rules Docket must be received on or before April 29, 2003. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Regional Counsel, Southwest Region, Attention: Rules Docket No. 2002-SW-47-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 service information referenced in this AD may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527. 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: Carroll Wright, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5120, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: The Direction Generale De L'Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on Eurocopter Model SA341G and SA342J helicopters with a 300 lb. hoist manufactured by Breeze. The helicopter is fitted with a hoist junction box, part number (P/N) 341A63-1103-00. The DGAC advises of the discovery of an anomaly affecting the current-limiting resistor located in the junction box, which results in insufficient current intensity and can cause failure of the emergency jettison control squib percussion to operate. The unmodified hoist electric junction box is designed to generate 2 amperes for the hoist cable cut percussion squib. The Breeze 300 lb. hoist requires a minimum of 10 amperes to activate the cable cut percussion squib. This AD will modify the limiting resistor in the hoist electric junction box and result in a percussion squib activation current of 18 amperes. Eurocopter has issued Alert Telex No. 45.05, dated July 8, 2002, which specifies modifying the control unit of the hoist. The DGAC classified this alert telex as mandatory and issued AD 2002-370-043(A), dated July 24, 2002, to ensure the continued airworthiness of these helicopters in France. These helicopter models are manufactured in France and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. The DGAC recommended modifying the junction box for helicopters with Breeze or TRW (or Lucas or Air Equipment) hoists installed. However, the unmodified junction box functions properly with the TRW (Lucas or Air Equipment) hoists and the FAA does not propose to modify the junction box for helicopters with TRW hoists installed. Helicopters with the Breeze hoist, P/N BL 16-600, BL 16-600-11 or BL 16-600-12, installed require this junction box modification. This unsafe condition is likely to exist or develop on other helicopters of the same type designs registered in the United States. Therefore, this AD is being issued to prevent failure of the hoist emergency load jettison switch, resulting in an inability of the pilot to cut the rescue hoist cable in the event of cable entanglement or other emergency and subsequent loss of control of the helicopter. This AD requires modifying the limiting resistor in the junction box. The actions must be accomplished in accordance with the alert telex described previously. The modification is terminating action for the requirements of this AD. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability of the helicopter. Therefore, the modification is required before the next hoist operation and this AD must be issued immediately. Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. The FAA estimates that 2 helicopters will be affected by this AD, that it will take approximately 1 work hour to accomplish the modification, and that the average labor rate is $60 per work hour. Required parts will cost approximately $20 per helicopter. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $160. 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 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. 2002-SW-47-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: **2003-04-13 Eurocopter France:** Amendment 39-13062. Docket No. 2002-SW-47-AD. *Applicability:* Model SA341G and SA342J helicopters with electric hoist junction box (junction box), part number (P/N) 341A63-1103-00, installed with the 300 lb. Breeze hoist, P/N BL 16-600, P/N BL 16-600-11, or P/N BL 16-600-12, 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 before the next hoist operation, unless accomplished previously. To prevent failure of the hoist emergency load jettison switch, resulting in an inability of the pilot to cut the rescue hoist cable in the event of cable entanglement or other emergency and subsequent loss of control of the helicopter, accomplish the following:

(a)Modify the limiting resistor in the electric hoist junction box in accordance with paragraph 2.B. of the Accomplishment Instructions in Eurocopter Alert Telex No. 45.05, dated July 8, 2002.

(b)Modifying the limiting resistor is terminating action for the requirements 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 to allow operation of an unmodified hoist will not be issued.

(e)The modification shall be done in accordance with paragraph 2.B. of the Accomplishment Instructions in Eurocopter Alert Telex No. 45.05, dated July 8, 2002. 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 American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527. 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 17, 2003. Note 3: The subject of this AD is addressed in Direction Generale De L'Aviation Civile (France) AD 2002-370-043(A), dated July 24, 2002. Issued in Fort Worth, Texas, on February 14, 2003. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 03-4475 Filed 2-27-03; 8:45 am]

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