44954 Federal Register / Vol. 66, No. 166 / Monday, August 27, 2001 / Rules and Regulations

service bulletin, install the thrust reverser

interlocks as specified in McDonnell Douglas

DC–10 Service Bulletin 78–40, Revision 1,

dated July 24, 1979, and accomplish the

requirements in paragraph (a)(1) or (a)(2) of

this AD, as applicable. The requirements of

this paragraph must be accomplished prior to

or concurrent with the requirements of

paragraph (b) or (c) of this AD, as applicable.

(1) For General Electric-powered airplanes:

Modify the overpressure shutoff valve light

circuits in accordance with McDonnell

Douglas DC–10 Service Bulletin 78–7,

Revision 1, dated April 17, 1975.

(2) For Pratt and Whitney-powered

airplanes: Modify the left and right thrust

reverser wire harnesses in accordance with

Rohr Service Bulletin MDC–CNS 78–41,

dated June 11, 1999.

(b) For Model DC–10–10, –10F, –15, –30,

and –30F series airplanes; and KC–10A and

KDC–10 (military) airplanes; listed in

McDonnell Douglas Service Bulletin DC10–

78–061, dated February 9, 2000: Within 5

years after the effective date of this AD,

accomplish the thrust reverser wiring

modification on each engine in accordance

with Part 3 of the Accomplishment

Instructions of the service bulletin.

Concurrent with accomplishment of this

service bulletin, accomplish Middle River

Aircraft Systems Modification Drawing

537L68229 (for CF6–50-powered airplanes)

or 537L68231 (for CF6–6-powered airplanes),

as applicable.

(c) For Model DC–10–10, –10F, –15, –30,

and –30F series airplanes; and KC–10A and

KDC–10 (military) airplanes; listed in

McDonnell Douglas Service Bulletin DC10–

78–062, dated February 14, 2000: Within 5

years after the effective date of this AD,

install an additional locking system on each

thrust reverser in accordance with Part 3 of

the Accomplishment Instructions in the

service bulletin. Concurrent with

accomplishment of this service bulletin,

accomplish Middle River Aircraft Systems

Modification Drawing 537L68230 (for CF6–

50-powered airplanes) or 537L68232 (for

CF6–6-powered airplanes), as applicable.

Alternative Methods of Compliance

(d) 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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

Special Flight Permits

(e) 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

(f) The actions shall be done in accordance

with the following service information, as

applicable:

TABLE 1.—REFERENCED SERVICE DOCUMENTS

Service document Revision level Date

McDonnell Douglas Service Bulletin DC10–78–060 ................................................. Original ................................... December 17, 1999.

McDonnell Douglas Service Bulletin DC10–78–061 ................................................. Original ................................... February 9, 2000.

McDonnell Douglas Service Bulletin DC10–78–062 ................................................. Original ................................... February 14, 2000.

McDonnell Douglas DC–10 Service Bulletin 78–7 .................................................... 1 .............................................. April 17, 1975.

McDonnell Douglas DC–10 Service Bulletin 78–40 .................................................. 1 .............................................. July 24, 1979.

Middle River Aircraft Systems Modification Drawing 537L68229 ............................. Original ................................... May 18, 1999.

Middle River Aircraft Systems Modification Drawing 537L68230 ............................. Original ................................... May 18, 1999.

Middle River Aircraft Systems Modification Drawing 537L68231 ............................. Original ................................... May 18, 1999.

Middle River Aircraft Systems Modification Drawing 537L68232 ............................. Original ................................... May 18, 1999.

Rohr Service Bulletin MDC–CNS 78–41 ................................................................... Original ................................... June 11, 1999.

Revision 1 of McDonnell Douglas DC–10 Service Bulletin 78–7 contains the following list of effective pages:

Page number Revision level shown on page Date shown on page

1, 3, 10, 12, 13, 21 ....................................................................... 1 .......................................................................... April 17, 1975.

2, 4–9, 11, 14–20, 22 .................................................................... Original ................................................................ December 7, 1972.

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 Boeing Commercial Aircraft Group,

Long Beach Division, 3855 Lakewood

Boulevard, Long Beach, California 90846,

Attention: Data and Service Management,

Dept. C1–L5A (D800–0024). Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Transport

Airplane Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Effective Date

(g) This amendment becomes effective on

October 1, 2001.

Issued in Renton, Washington, on August

17, 2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–21394 Filed 8–24–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–318–AD; Amendment

39–12411; AD 2001–17–20]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 707 and 720 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 707

and 720 series airplanes, that requires

replacement of wiring for the fuel boost

pumps and override pumps with new

Federal Register / Vol. 66, No. 166 / Monday, August 27, 2001 / Rules and Regulations 44955

wiring, installation of Teflon sleeving

on the wiring, and associated actions.

This amendment also requires repetitive

inspections to detect damage of the

wiring or evidence of a fuel leak. This

amendment is necessary to detect and

correct damaged wiring for the fuel

boost pumps and override pumps,

which could cause electrical arcing that

could puncture the conduit containing

the wire, and result in an explosion or

fire adjacent to the fuel tank. This action

is intended to address the identified

unsafe condition.

DATES: Effective October 1, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of October 1,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. 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 Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Sulmo Mariano, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2686; fax (425) 227–1181.

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 Boeing

Model 707 and 720 series airplanes was

published in the Federal Register on

March 29, 2001 (66 FR 17123). That

action proposed to require replacement

of wiring for the fuel boost pumps and

override pumps with new wiring,

installation of Teflon sleeving on the

wiring, and associated actions. That

action also proposed to require

repetitive inspections to detect damage

of the wiring or evidence of a fuel leak.

Comments Received

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. The FAA

has duly considered several comments

received from a single commenter.

Refer to Revised Service Information

The commenter requests that we

revise the proposed rule to reference

Boeing Service Bulletin A3500, Revision

1, dated April 26, 2001. (The proposed

rule refers to the original issue of Boeing

Alert Service Bulletin A3500, dated July

27, 2000, as the appropriate source of

service information for doing the

proposed actions.) The commenter notes

Revision 1 of the service bulletin

contains updated information, such as

changes to part numbers, but

necessitates no additional work on

airplanes modified per the original issue

of the service bulletin.

We concur and have revised

paragraphs (a) and (b) of this final rule

to reference Revision 1 of the service

bulletin. We have also added a new

note, Note 4, which states that

accomplishment of the actions required

by this AD prior to the effective date of

this AD according to the original issue

of the service bulletin is acceptable for

compliance with this AD.

Refer to Service Bulletin for Rework

Instructions

The commenter requests that we

revise paragraph (b) of the proposed AD

to remove the instructions in that

paragraph and instead refer to the

appropriate section of the

Accomplishment Instructions of the

referenced service bulletin. The

commenter states that, as written,

paragraph (b) would require an operator

to replace the wiring, Teflon sleeving,

and conduit with new parts if a small

fuel leak is found, even if no evidence

of electrical arcing or an exposed

conductor is found. The commenter

notes that the intent of the proposed AD

is to require replacement of the wiring

and sleeving only when there is

evidence of arcing or an exposed

conductor.

We concur with the commenter’s

request and rationale. Therefore, we

have revised paragraph (b) to require, if

any electrical arcing or exposed copper

wire or evidence of a fuel leak is

detected during any inspection per

paragraph (b), accomplishment of

applicable corrective actions (including

finding the source of any fuel leak and

repairing the affected area, replacing the

wiring, replacing the conduit, or

installing new Teflon sleeving; as

applicable) according to the

Accomplishment Instructions of the

service bulletin.

Revise Cost Impact

The commenter asks that we revise

the Cost Impact section of the proposed

AD to reduce the number of affected

U.S.-registered airplanes from 65 to 22

airplanes. The commenter states that the

airplane manufacturer’s records show

that there are only 22 U.S.-registered

Boeing Model 707 and 720 series

airplanes in service.

We do not concur. The figure of 22

U.S.-registered airplanes cited by the

commenter does not include all of the

Model 707 series airplanes operated by

the U.S. military. When these airplanes

are included in the total, there are 65

U.S. airplanes affected by this AD. No

change is necessary in this regard.

The commenter also asks us to revise

the Cost Impact section of the proposed

AD to increase the number of work

hours necessary to do the required

actions from 27 to 38 work hours. The

commenter states that the referenced

service bulletin provides a figure of 38

work hours.

We partially concur. The figure of 38

work hours in the service bulletin

includes time for gaining access and

closing up. The cost impact analysis in

AD rulemaking actions typically

includes only the ‘‘direct’’ costs of the

specific actions required by the AD, and

does not include incidental costs, such

as the time required to gain access and

close up, planning time, or time

necessitated by other administrative

actions. Because incidental costs may

vary significantly from operator to

operator, they are almost impossible to

calculate. However, we find that the

time needed for testing may be included

in the cost estimate of this AD.

Therefore, the estimate for the number

of work hours for the required actions

stated in the Cost Impact section of this

final rule has been revised from 27 to 31

work hours.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

There are approximately 261 Model

707 and 720 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 65 airplanes of

U.S. registry will be affected by this AD.

The replacement and initial

associated actions will take

approximately 31 work hours per

airplane, at the average labor rate of $60

per work hour. Based on these figures,

the FAA estimates the cost impact of

these required actions on U.S. operators

to be $120,900, or $1,860 per airplane.

The inspection for damage of the

wiring or evidence of a fuel leak will

take approximately 3 work hours per

airplane, at the average labor rate of $60

44956 Federal Register / Vol. 66, No. 166 / Monday, August 27, 2001 / Rules and Regulations

per work hour. Based on these figures,

the FAA estimates the cost impact of

this required inspection on U.S.

operators to be $11,700, or $180 per

airplane, per inspection cycle.

The cost impact figures discussed

above are 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:

2001–17–20 Boeing: Amendment 39–12411.

Docket 2000–NM–318–AD.

Applicability: Model 707 and 720 series

airplanes, line numbers 1 through 941

inclusive, 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 detect and correct damaged wiring for

the fuel boost pumps and override pumps,

which could cause electrical arcing that

could puncture the conduit containing the

wire and result in an explosion or fire

adjacent to the fuel tank, accomplish the

following:

Replacement of Wiring, Installation of

Sleeving, and Associated Actions

(a) Within 1 year or 4,000 flight hours after

the effective date of this AD, whichever

occurs first, replace the wiring for the fuel

boost pumps and override pumps, install

Teflon sleeving over the wiring, and do all

associated actions, per the Accomplishment

Instructions of Boeing Service Bulletin

A3500, Revision 1, dated April 26, 2001. The

associated actions include performing a

general visual inspection of the area around

each fuel boost pump and override pump for

evidence of a fuel leak; finding the source of

any fuel leak and repairing the affected area;

replacing the conduit, if required; and

performing a detailed visual inspection of the

wiring installed in the conduit for evidence

of electrical arcing or a fuel leak, or exposed

copper wire. If replacement of the conduit is

deferred per the service bulletin, repeat the

inspection for fuel leaks every 500 flight

hours until the conduit is replaced, and

replace the conduit within 6,000 flight hours

or 18 months, whichever occurs first.

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.’’

Note 3: For the purposes of this AD, a

detailed visual inspection is defined as: ‘‘An

intensive visual examination of a specific

structural area, system, installation, or

assembly to detect damage, failure, or

irregularity. Available lighting is normally

supplemented with a direct source of good

lighting at intensity deemed appropriate by

the inspector. Inspection aids such as mirror,

magnifying lenses, etc., may be used. Surface

cleaning and elaborate access procedures

may be required.’’

Note 4: Use of Boeing Alert Service

Bulletin A3500, dated July 27, 2000, to

accomplish the actions required by this AD

prior to the effective date of this AD is

considered acceptable for compliance with

this AD.

Repetitive Inspections

(b) After replacement of the wiring per

paragraph (a) of this AD, repeat the detailed

visual inspection of the wiring for the fuel

boost pumps and override pumps for

damage, such as evidence of electrical arcing

or exposed copper wire, or evidence of a fuel

leak. Repeat the inspection at least every

30,000 flight hours, per the Accomplishment

Instructions of Boeing Service Bulletin

A3500, Revision 1, dated April 26, 2001. If

any electrical arcing or exposed copper wire

or evidence of a fuel leak is detected during

any inspection per this paragraph, before

further flight, do the applicable corrective

actions (including finding the source of any

fuel leak and repairing the affected area,

replacing the wiring, replacing the conduit,

or installing new Teflon sleeving; as

applicable) according to the Accomplishment

Instructions of the service bulletin.

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, Seattle

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 5: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

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 Boeing Service Bulletin A3500,

Revision 1, dated April 26, 2001. 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 Boeing

Commercial Airplane Group, P.O. Box 3707,

Seattle, Washington 98124–2207. Copies may

be inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Federal Register / Vol. 66, No. 166 / Monday, August 27, 2001 / Rules and Regulations 44957

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

October 1, 2001.

Issued in Renton, Washington, on August

17, 2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–21395 Filed 8–24–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–47–AD; Amendment

39–12412; AD 2001–17–21]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model 717 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model 717 series airplanes, that

requires repetitive inspections of the rod

ends of the spoiler hold-down actuators

for breakage along the intersection of the

thread runout and the outer spherical

surface of the lug; and replacement of

any broken rod end of the spoiler holddown actuators with a new rod end.

This AD also requires replacement of

the rod ends of the spoiler hold-down

actuators with new rod ends, and

reidentification of the spoiler holddown actuators, which constitutes

terminating action for the repetitive

inspections. This action is necessary to

prevent failure of the rod ends of the

spoiler hold-down actuators due to

fatigue, which could result in loss of the

back-up protection of the spoiler float

hold-down and unavailability of

monitoring for an uncommanded spoiler

movement. This action is intended to

address the identified unsafe condition.

DATES: Effective October 1, 2001.

The incorporation by reference of

Boeing Alert Service Bulletin 717–

27A0010, dated August 15, 2000; Boeing

Service Bulletin 717–27–0013, dated

January 30, 2001; and Boeing Service

Bulletin 717–27–0013, Revision 01,

dated February 28, 2001; as listed in the

regulations, is approved by the Director

of the Federal Register as of October 1,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Aircraft

Group, Long Beach Division, 3855

Lakewood Boulevard, Long Beach,

California 90846, Attention: Data and

Service Management, Dept. C1–L5A

(D800–0024). 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, Los Angeles

Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Maureen Moreland, Aerospace

Engineer, Airframe Branch, ANM–120L,

FAA, Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California 90712–4137;

telephone (562) 627–5238; fax (562)

627–5210

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 McDonnell

Douglas Model 717 series airplanes was

published in the Federal Register on

May 15, 2001 (66 FR 26817). That action

proposed to require repetitive

inspections of the rod ends of the

spoiler hold-down actuators for

breakage along the intersection of the

thread runout and the outer spherical

surface of the lug; and replacement of

any broken rod end of the spoiler holddown actuators with a new rod end. It

also proposed to require replacement of

the rod ends of the spoiler hold-down

actuators with new rod ends, and

reidentification of the spoiler holddown actuators, which constitutes

terminating action for the repetitive

inspections.

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 costs to the public.

Conclusions

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 33 Model

717 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 23 airplanes of U.S.

registry will be affected by this AD.

It will take approximately 1 work

hour per airplane to accomplish the

required inspection, at an average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the

inspection required by this AD on U.S.

operators is estimated to be $1,380, or

$60 per airplane, per inspection cycle.

It will take approximately 14 work

hours per airplane to accomplish the

required replacement and

reidentification, at an average labor rate

of $60 per work hour. The manufacturer

has committed previously to its

customers that it will bear the cost of

replacement parts. As a result, the cost

of those parts is not attributable to this

AD. Based on these figures, the cost

impact of the replacement and

reidentification required by this AD on

U.S. operators is estimated to be

$19,320, or $840 per airplane.

The cost impact figures discussed

above are 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.