### Federal Register IVol 66, No. 19! Monday, January 29, 2001! Rules and Regulations 8085

1500 l),s. for I'W 11e I'ngincs 1544 lbs. ror PW 11SA End 118B Engines c'lnp"15- IIll;rea~" approach climb ~pe~d by 10 KIAS (Vo+101: D"cr""so upprOJch climb grJdient by: 8.0% forPW lIB Enf,ine8 2,9')l. for PW 118,\ o;'d 11 SB Engines Flups 25-lncrea"" lunding dimb ,peed by
10 KIAS [V~EF.l.,+lOJ FIJps'4~-ll\crease landing climb speed by 5 KI!\S (V"~I'

+5) CAUTION, The ice protection system, must be turned on immediately [exc\lpt I~adinf\ \ldg\l d\l-iC\lrs during tBkeOff) when the ICE CONDITION light illuminales un th~ IlHl.IUple alarm pand OrwILen allYice accrelion is delecled by vi~ual observotion or other cues. CAUTION: Do nol intmrupt the ,mtomatic sequence or operalioll orlbe leadillg edge de· ice boots once il is turned ON. The system should be turned 01'1' unly ~ftef le~ving the icing <:ondiliun~ and "fLer the protected surfaces oflhe Willg 8re free of ic~" New Requirements ofthis AD

Ice Detector Installation (b) For airpl~nog identified in any of Parts 1,11.111,IV, V, ~nd VIofEMBRAERSorvice Bulleti.n ] 20-3G--DiJ27, Changp, 02, daled December 3, 1997; Change 03, dated JUlle 26, 199B; or Change 0'1, dated July 13, ] 999: Witllin 30 claw aft~rth~ ~fJective date of this AD, inslall an ic~ det~clor system in accordarlce with the s~rvicu buJlctill.

Allernative Methods of Compliance (cJ[l) An allernalive method of compliance

or adjustmcnL of lhu compliance Lime that provide$ an acceptahle level of safety may be used iJappwved by the Manng~r, Allanl" Aircraft Cel'tificcllion omc~ (!\CO). FAi\. Operators shall ~\Ibmit Lheir I·equests through 'ill ~pjlJ'OpriJle FAA Principal Maintenance InspQctor, who mijYndd commAnlS and th"n send it t() the Manager. Atlanta ACO, (2) Alternative methods of Gompliance. approved pr~viou5ly in accordance with !\D 9/-26--{)6, omendmenl 39-10249, are appr(]ved as all~mative methods of compliance with this AD, Nole 2: Infonnalion concerning the exislence of approved slternalive methods of cmupliance with this AD, ifany. may be obl~ined from the ALl:mta !\CO.
Special Flight PermiLs (dJ Speci~l flight permit~ may b" is~ued in accordance with sections 21197 and 21.199 ofthe Federal Avialion Reglllalillns (14 CFR 21..197 ~nd 21.199J to operale the airplane lo

a loc~lion where llle reqlliremenl~ of l,hi$ P,D C~nbe acco:np]j~hed.
Incnrporatiun by Rellm,nce (e) Th~ ic" dulector syslem illSl"lIation snail be donB;n uc~ordanc" wilh EMBRA]"'"R Servir;e Bulletin 12(}-30-{]027. ChangB 02. dated December 3, 19R7; EMIJI-UIER Service Bulletin 120-30-0027, Change 0:>,daled Jun(, 26. 199B: or EMBRAER Servi~e [Julletin 120- 30-0027, Ch~nge 04. dflterl July 1:l, 19!)9. EMBRAER Service !Jul1elin 120-30-0027, Change 04, daled July 13, 1909, cul\laifl~ the following lisl ",feffective pegos:

Page No. Change level shown on page Date shown on page

1-4,27-40,43,44,67,68,93,94

.. 5-26, <11,42, 45-66, 69-92, 95-108

This incorpomli()Il by ",feren(~<J W3~ apPf()ved by lho DirecLor of th" Fad"ral Register in ~c"ordanCl' with 5 U.S.c. 552(n) andl (;FR pari 51. Copies may be ohlained from Emp'·aS3 fJrBsileira de Aeronaut,ca S.A. (EMllRAER1. 1'.0 Box J43-CEP 12.225, Sao JQ~edos C"mp[Js-SP. Bra?l!. Copies msy be in~peclRd fll the FAA. Trflll'iporl AirpJ~nB Directorate, 1601 Liud Avenue. SW

.. Renton, WashinglLJn; Orul llw FAA. Allanla AircrafL Certification otnce, Onc Crown Center, 18015 Phof;lnix Boulel'~rd, ~1I it\! 4.~0, Atl~nlJ. Ceorgi,,; or at the Orfice of the ~"Bderal Regist"r. BOO

Nonh Capiwl Street. NW

. suite 700, W",hington, DC.
Note :): The subject of th.i~ AD is addrsosad ii' I:lr~y.iliarl "invOrlhirlCs~ dil"l~Clive97-013- 03Rl daled December 15,1[197.

Effcctivc Dat" [[] This aJllendm~nlllac(jmes effective on March 5, 2001
!sslH.d in R"nlu!l. Wa"hingLon. nn JanlLary 17,2001 Dorem];, D. Baker. /lclingA1"Iil(lgor. Tran.l"POr/ltil'pirrIJn Dirac/om/a, Ain:;rujl Cor/lj'ico/ioll Sorvice, [1'\1.[Joe. 01-20001 Filed 1-26-01: 8:43 ami

elUINa CODE'9H)-13-P DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFA Part 39
[Docket No. 99-NM-365-AD; Amendment 39-12091; AD2001-02-07]

RIN 2120-AA64

Airworthiness Directives; Boeing Model 767 Series Airplanes Powered by 

### Pratt & Whitney Engines

AGENCY: federal Aviation AciTninistration, DOT
ACTION: Final rule.

SUMMARY: This amendment adopts a

new flirworthiness directive (AD). applicable to cerlain Boeing Model 767 series flirpLmes powered by Pratt & Whitney engines, thaLrequires modification orthe nacelle strut and wing slructure. The aclions specified by this AD are intended to pre,'ent fatiguCl cracking in primary strul structure and consequent reduced structural integrity of the strut. OATES: E1Tective March 5, 2001, The incorporation by reference of certain publications listed in the regulations is approved 

### by the Dircctor of the Federal Register as of March 5, 2001

ADDRESSES: The service information referenced in this AD may bo oblained 04 July 13, 1999. 03 June 26. 1998.

from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Wa,hington \18124-2207. This information may be examiLteo al the Fcderal Aviation Adminislration (FAA), Transport Airplane DirectorOlte, Rules Docket, 1601 Lind Avenu{], SW., R()nlon, Washington; or al the Office of the Federal Register, 800 Nort}l Capitol Street. NW., suite 700, Wasllington, DC,

FOR FURTHER INFORMATIONCONTACT: James Rehrl, Aerospace Engineer. Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, ]60] Lind Avenue. SW

.. Renton, Washington 98055-4056; lel()phone (4.25) 227-278:;; fax (425) 227-1181

SUPPLEMENTARY INFORMATION: A proposal to amcnd pari 39 of 111eFederal Avialion Regulations (14 CPR pari 3!J) to include an airworthiness direr.tive (AD] thal is applicable 10 certain Boeing Modcl 767 scries airplflIles powen,d by Pratt & Whitney engines was published in the Federal Register on July 10, 2000 [65 FR 42306). That action proposed to require modiflcaliol1 of the naceJ]e slruI and wing stJ"llclurc.
Comments

lntere~ted persOlis have been affordeu all opportunity to purticip<ltu in the making of this amendment. Due consideration has been given to tIle
comments received,

### 8086 Federal Register IVol. 66, No. 19! Monday, January Z9, ZOOl!Rules and Regulations

Change the Word "Damage" Usedin Paragmph (cJ
One commenter requests that the word "damage" specified in paragraph (cl ofthe proposed rule be changed to ;'cracking or con:osion," to avoid unnecessary work and delays_ Tbe commenter states that, during accomplishment ofthe repair specified in paragraph (c) ofthe proposal, it encountered several conditions when approval was required for using oversized fasteners, tooling damage, tolel"allce changes, anuminur trimming ofparts. The FAA concurs with lhe commenter's request. The definition of "damago," as described in this AD, is cracking or corrosion, But. with respect to the deviations specified. only the deviations that exceed currently published limits (Stfllctural Repair Manual. process specifications defined in the service bulletin) would need an alternative method ofcompliance (AMOC). Paragraph (c) ofthis AUhas been Ievised to add the words "cracking

or corrosion" i.nparenthesis aftDrthe word "damage'" 

### Approval ofRepairs byDesignated Engineering Reprl]sentatil'e (DER)
One commenter requests that the proposdl include a provision for approval ofAMOC's by a Boeing uER, instead ofby the Manager oftho Seattle Aircmft Cerlification OHioJ (ACO). The commenter states that this provision will result in <1

more efficient and timely repair approval process, The FAA partially concurs with the commcnter's request. Ar.complishment ofthe repair in accordance \Nitba method approved by the M;:magcris still acceptable, but paragraph (cJ()fthis AD has been revised to add the DERapproval as an option for nccompl ishment oftllBrepAir. Clarify Certain Wording in Paragraph (oj
One commenter notes that certain wording in paragraph (a) ofthe proposal which states. in part, "* * 'the conditions described in paragraphs 1 and 2 (interim inspection requirements) ofpage 67 have been met." The COlllmentlll'recommends that the allditional interim inspection n~qllirement, referrud tc!in this pfll'agri1ph be more apparent in the proposed AD. The FAA infers that the cOllllllentcr 15questioning wbat is mealll by the term "conditions" as specit'ied in paragraph (al ofthe final rule. For that rCi1S0Il,paragmph (a) ofthis AD has been revised to define the word "conditions" as, "" • * the corrosion prevention and control program inspections as described in paragraphs 1 and 2 ofFigure 1 have been met."


### Revise Paragraph (0) 

### toReference Figlife
1 One commenter requests paragraph tal ofthe proposal be revised to reference FigW"e1 ofBoeing Service Bulletin 7b7-54-00BO, dated October 7, 1999. instead ofpage 67. Thu commenter states that this change wO"lJid prevent confusion ifthe service bulletin is revised in the fulure. The FAA concurs, becduse Figure 1 is on page 67 and includes the flight cycle threshold formula, paragraph (a) ofthe final rule hus been revised to specify Figure 1.


### Revise ServJr;e

Informotion References
One commenter indicates the following: (1) There is a typogriJphical error in

one ofthe service bulletin numbers ShO\Nnin the cost impact section and in paragraph (b) ofthe proposal. The proposal refers to Boeing Service Bulletin 767-53-0069; however, the number should be 767-54-0069; (2)Boeing Service 8unetin 767-54- 0069, RElvision2, dated AUgLl~t31, 2000, is tbe latest revision orthe service bulletin spel;:ified in paragraph (b) oflhe proposal and sbould be referenced in the final rule; (::l) Information notice (IN) 02, dated November 22, 1999, should he induded for Boeing Service Bulletin 767-57- 0053, Revision 2, specified in paragraph (b) ofthe proposal: (4) Boei.ng Service Bulletin 767- 57£\0070, dated March 2, 2000, should be added to the list ofprior or concurrent service bulletins referenced in paragraph (h) ofthe proposiJl. The commenter notes tbat this service bulletin corrects a potential fatigue problem on certain early-production airplanes by removing ,md replacing the wing front spar outboard pitch load fitting with an improved design, Tile FAA partially concurs with the cornmenLer as foliows: (1)The FAA has verified that there is

atypographical error in the service bulletin number referenced in the propose I, as noted by the commcnter. and the number bas been corrected ill the final rule. (2) Boeing Service Bulletin 767-54- 0069, Revision 2. dated Augusl 31, 2000, has been added to the final rule

as an additional source of service inforlllfltion for accomplishment ofthe applicable actions as specified in the final nile. Tbe actions described in Revision 2 are essentially the saille as those in Revision 1, which was referenced in the proposal as the appropriate source of service infarmalion for accomplishment of certain prior or concurrent actions. (3) The FAA does not have acopy of [N02, dated November 22, HJ99, to Boeing Service Bulletin 767-57-0053, Revision 2. The commenter can provide this notice to the FAA with a reqnest for

an approval ofan alternative method of compli;J1lce per paragraph (d) ofthis final rule. [4)The FAA has I"BviewedIloeing Alert Service Bul1etin 767-57 A0070. dated March 2, 2000, and has determined that, although that s(Jfvice bulle1 In specifies replacing the outboard pitch load fitting ofthe wing front spar with an improved design, it is not directly related to tbis finfll rule and will be addressed at a laler time by a sepamte rulemaking acti.on. Reques/ To Ex/end Camp/iol1ce Time
One comml1uter re'1uests tllat the compliance time required by paragraph (a) ofthe proposed AD berevised to allow for compliance at tho later ofthe times specified, The COllllTlenterstates that there is a concern with the threshold based on 2.0years since the date ofmanufacture or "as defined by the flight cycle threshold formula" ill paragraph [a}ofthe proposal, because the compliance time is "whicbever

occurs first." The commenter adds tllat ithas met the I"equiremellt~ originally agreed upoll1Jnd has planned accomplishment ofthe StTut Improvement Program (SIP) based on the opl ional night cycle formula at the next {20C] maintenance check. The FAA does not concur III d,}veloping an appropriate compliance time 1'0]' the modification specHied in pilwgraph (iJ]ofthis AD, tile FAA considered not only the degree of urgency associated with addressing the subject unsafe condition, but Rcr.omplishment ofthe required modification within iJninterval oftime (tbe earlier of the times specified) that parallels normal scheduilld maintenance for 1118 mnjority ofaffected operators. However, under the provisions of paragraph (dl ofthe final rule. the FAA may approve requests lor adjustments to the compliance time ifdflta (lre submitted to substantiate that such an adjustment would provide an acc,eptablo levpl of safety, No change tothe fillal rule is necessary in this regard. 

### Recommend(ltjon ToAdd 0

### Note
One COll1rnenterrequests that the illitialtime ofacr.omplishrnent for the additional interim inspection service b"lllJetins referred to in paragraph (bl of the proposed rule be claril'iod, Thi..' commenter states that, at the all-

### Federal Register! Vol. 66, No. 19/ Monday, Jarmary 29, 2001/ Rules and Regulations 8087

operators' SlP meeting, held in November 1999, the manufacturer stated that the interim inspection service bulletins were only required prior to 20 years ofage in-service, ot'within the inuivicludl service bulletin limits. whichever occurs later, ifthe flight cyc1e formuia was used to exceed the 20-year calendar limil. The COl111l1eilter further states that this is acceptable since tllese inspections "lvouldnot be required on airplanes being modified at 20 years ofage, and accomplishment of these inspections alter 20 years ofage would C'nsurecontinuod safety. The commenter recommends anole be added after paragraph (a) ofthe proposed rulfJ, as follows: "Note: Ifthe flight cycle formula is used to defer modi fication accomplishment of service lJlllletin 767-54-0080 beyond 20 years ol'age. initial accomplishment ofthe insper;tions per the sen'ice bulletln~ listed in paragraph 2 ofservice bulletin 767-54-0080, Figure 1, must begin prior to 20 years ofage, or within the individual ,ervice bulletin limits, whichever occuJ's later." The FAA does not concur with the commenter's recommendation. Operators that want to use the fliglJt cycle thresh01d rormula must accomplisll the referencod service bulletins prior to reaching 20years since date ofmanufacture ofthe airplane. This means tllat by 20 years, the oper~t.or must have done elUwr tbe termiliatillg actioll inLbe 

### service bulletin, or it mu~l.have performfJd at least the first recommended servic:e bulletin inspection and the follow-on actions described in the service bulletin. No changfJ to the final rule is necessary in this regard. 

### Request To I1evise 

### Cosllmpact. in/ormation
Two commenters reque~t the r;ost impacL information in the proposal be revised, One commenter states that the prior and concurrent service bulletin requirements referenced in the proposal do not-match th(ihours specified in tbe cos! imp8c! section. The commenter adds that the cost impact is ~ignificantly

more than the cost estimate in the proposal or Ulework hours in thA s(~rvicebulletins, whicIJ will be allocated forwarranty reimbursement given by the manufacturer. The commenter gaVt;cost es!imate comparisons ofthe additional ",,'ark hours for acC[Jssand close-up as specified in the service hulletins, and the costs it incurred accomplishing the actions. A se(:ond (;ommenterslates thlll Ule act.uallabor foraccomplishment oftbe actions specified in the proposal is significantly higher than the estimate in the service bulletins. The commenter notes that itwill require aminimum of 2,978 work hours for its accnmplishmed ofthe actions. and the estimate does not include non·routine labor, The FAA does not concur with the conunenters' request. The economic analysis ofthe AD is limited only to the cost ofactions actually required by Lhe rule. IIdoes not consider the costs of "on condit.ion" actiom, such as repairing damagfJ to the airplane structure deter.led during a required inspection ("repair, ifnecessary"), Such "on-condition" repair actions would be required tobe accomplished-regardless of.W direction-in order to correcl an un~afe condition irlentified in an airplane and to ensure operation ofthat airplane in an airworthy condition. as required by the F"ederalAviation Regulations, In addition, the FAA recognizes that. in accomplishing the requirements ofany AD, operators may incur "incidental" costs in addition to the "direct" co~ts, The cost analysis in ADrulemaklng actions, however, typically does not include incidenLal costs, such as tl18tirne 'required to gain

acce~s and d(j~e up: planning time; or time necessitated by other administral ive actious. Because incidental costs may vary significantly from operator to operator. they are almost. impossible to calculate. No change tothe final rule is necessary in this regard.
Conclusion
After cill"el'ulreview oftbe availabl e daLa,including the comments noted above, the FAA has determined that air safety and the public interest require the adoption ofthe 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 ofLhe AD.
Cost Impact
There are app:!'oximately 23:J airplanes ofthe affected design in the worldwide fleet. The FAA estimates that 76 airplanes ofU,S, registry wi\] be affected by this AD, Itwill take approximately 708 work hours per airplane to accomplish the modification ofthe nacelle strut ,md wing structure described in Boeing Service Bulletin 767-54-0080, at an average labor rate of $60 per work hour. Required parts will be provided at no cost by the airplane malHlfactuter. Based on Lbesefigures, the cost impact ofthe modification reqLlired by this AD on U.S, operators is estimated tobe $3,228,480, or $42.480 per airplane. Itwill take approximaLely 106 work hours per airplane to accomplish the actions described in Boeing Service Bulletin 767-54-0069. Rev-ision 1 or Revision 2, at an average lsbor rate of $60 per work hour. Required parts will be provided at no cosl by the airplane manufacturer. Based on these figures. the cost impact ofthese required actions

on U,S. operators is estimated to he $483,360, or $6,350 per airplane. Itwill take approximately 1 work hour per airplane to accomplish tbe actions described in Boeing Service B-<.IlIetin

767-54-0083, at an avewge labor rate of$60 per work haul'. Required parts will be provided at no cost bythe airplane manufacturer. Based on these figures, the cost impact ofthese required actions on U,S. operators is estimated tobe $4,550, or $60 pel' airplane, It will take approximately 2work hours per airpLme to accomplislJ the actions described in BOeing Service Bulletin 767-54--0088. Revision 1, at an average labor rate of$60 per Wall hOlll·. Required parts will be provided at no cost by the airplane manufacturer, Based on these figures, the cost impact ofthese required acliom on U.S. operiltors is estimated to be $9,120. or $120 per airplane. Itwill take approximately 20 wOll hours per airplane Loaccomplish the fiCtiOnsdescribed in Boehtg Service Bulletin 767-54A0094, Revision 1. at an average labor rate of$60 per work hour. Raquired p<irb will be provided at no cost by the airplane manufacturer. Based on these figures, the cost impact ofthese required actions on U.S. operaLors is estimated Lo be $91,200. or $1.200 per airplane. Itwill take approximately 5work hours per airplane to accomplish the actions described in Boeing Service Bulletin 767-57-0053, Revision 2, at an average labor rate of$80 per work hour, Based on these figures, the cost impact ofthese required actions on U.S. operators is estimated to be $22,800, or $:300per airplane, It will take approximately 16 work hours per airplane to accompli~h the actions described in Boeing Service Bulletin 767-29-0057. at all average Jabor rate of$60 per work hour. Required parLs will be provided at no cost by the airplane manufClcturer. Based on these figures. the cost impact ofUlesArequired actions on U.S. operators is estlmated to be $72,960. or $960 per airplane, The Gostimpact figures di~cllssed above (Irebased on assumptions that no operator has yet accomplished any of

### 8088 Federal Register /Vol. 66, No. 19/ Monday, January 29, 20011 

### Rules and Regulations

the requirements ofthis AD action. and that no operator would accomplish those actions in the future ifthis AU

were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actual1y 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 nocessitaled by other administrative actions. Regulatory Impact

Tho regulations adopted herein will nollHive a subslantiuJ direct ef!'er.l on Iho Sli:ltes, on Lhemlationship between thl) national Covornmenl and the Stntes.

or on t!w distribution of power and responsibilities among the variOll~ levels ofgovernment. Therdore, it is determined that this final rule docs not have federalism implicalions under EXecutive Order 13"132.
For the reasons discussed above, I certify that this aCllon (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, Februan' 26, 1979}: and (3) will not have a significant economic impact, positive or negative. on a substantial number ofsmall entities under the criteria of the Regulatory Flexibility Act. A final evaluation has boon prepared for this action and it is contuined in the Rules Docket. A copy nfit may be ohtained from the Rules Docket aLthe loention provided under Ihe t:nption ADDRESSES.
List OfS(liJjects in 14 Ct'R Pari 39

Air transportation, Aircrar1. Avi<Jlion snfcty, Incorporation 

### by refOf(mce. SnJ'ety, Adoption of the Amendment
Accordingly, pur~uant to the authority delegated to me by the Administrator. the Federal Aviation Administration amends part3!J ofilie Federal Aviation Regulations (14 eFR part 39) as follows:

PART 39-AIRWORTHlNESS DIRECTIVES

1. The authority citation for part 39 contioues to read as follows: Authority: 49U.S.C. 106(gl.40113. 44701. §39.13 (Amended] 2. Section 39.13 i~

amended by adding the following new airworthiness directive: 2001--{)2...(17Bueing: Amendment 39- 12091. Oo<::ket

99-NM-365-AD.

•'1.ppJicubjJjty: Model 767 series airplanes powered byPrell & Whitney engines, line numbers 1through 663 inclusive. certificated in any category. Note 1:This ADapplies 10each airplane identified in the prllCfldingapplicability provision. regardle5s ufwhether itha5heen modified, altered, orrepaired in the area subjecl tothe requirements ofthis AD.For airplanes 111~t

ll~vebeen modified, altered. or repaired so thatlho porfl.mn~nceofthe requirements oft.hisADisaffected. the oWCler/operatornJustreqw;/stapproval foran alternative method of(;t.lIT1pliam:e 1n ac<:ord""<:ewith paragraph (d)ofthis AD. The request ShOllldillclLldeilnHsses,ment of the ",ffectoflhemodificatien. ~lteration. or repair on the llnsafe cenditirm addressed by this .''1D: and, iftheunsafe condition hus not been eliminated, thp.request shol.lldincll.lde specific proposed actions toaddress it. Compliance: Required as indicated, ",,-less accomplished previously. Toprevent fatigue cracking in primary stmt structure and consequent reduced structural integrity ofthe strut. accomplish the following:
Modifications la) When the airplane has reached the flight cycle threshold asdefined hy the flight cycle threshold formula describo;ldin Figura 1ofBoeing Service Bulletin 767-54-0080, dated October 7. 1999. orwithio ZO"ears since the date ofmanufacture. whichever

occurs first: Modify the nacelle strut and wing structure onboth tJleleft and right sides ofthe airplane, inaccordance with the service bulletin. Use ofthe night cycle threshold f0I111ula

described in Figure 1of the service bulletin is unaccept~ble alternative to the 2U-yearthresholrl., pr<widod the ,:orrosion prevontion 'lIIdcontrol program inspeclions. uSdescribed in paragraphs 1and

~ofFigure 1, havebeen mc\. (blPrior toorconcurrently with the accomplishment ofthe modification ofthe nacelle strut and wing structllre required by paragraph (il)oflhis t\U; as specified in paragraph 1.D.•Table 2.on page 8ofBoeing Service Bulletin 767-54-0060, dated October 7. 1999: accomplish thl!aClionsspecified in BoeingSen-ice Bulletins 767-54-0069. Revision 1.dated January 29, t998. or Revision 2. dated ".ugust 31. 2000; 767-54- 0083. dated September 17. 1996: 767-,,~- 001:16, Revision 1.dated.July 29. 199'1;767- 54:\0094. Revision 1.dala<!September 16, }999;767-57--G053, Revision 2.dated September 23, 1999: and 767-29-0057. dated December 16. 1993. including Notice of Status Change NSC1. dated November 23. 1994; as applicable: in accordance with tllo,se service bulletins. Accomplishml'nt ofthi~ paragraph constitutes terminating action for therepetitive inspections required by AD9'1- 11...(12. amendment 39--8918.and AD99-07- 06, amendment 39-11091. Note 2;Paragraph (blofthis ADsper:ifies prior orconcurrent accomplishment of Boeing Service Bulletin 767-57-0053

. Revision 2,dated September 23.1999; however, Table 2.on page 8ofBoeing Servic&Bulletin 767-54-0060. deled October 7, 1999, specifies prior Orconcurrent accomplishment ofthe original iSSUll ofthe service bullclin. Therefore. accomplishmenl ofthe applicable actions 5pecified in Boeing Service Hulletin 767-57...(1053.dfltedJune 27. 1996. or Rovisiun 1.daled OClober;J1.lU91L priol' to theufrcctlve d~taofthi, AD,is considered ~c(:aptable forcomplinnce witli tbo liCtiOns]'cquired byparagraph [b)ofthis AD. Repair (c)IfallYdamage [corrosion orcrackinG) lO eirplane structLlroisfound during tbe accomplishment ofthe modification required by paragraph (alofthis AD:and lhf'servicf' bulletin specifics tocontact Boeing for appropriate action: Prior tofurther flight. repair in accordance with amethod approved bythe Manager, Seaule Aircrafi Certification Office (ACO).FAA; orin accordance with da!a meeting the type certification ba:;isof the airplane approved by aBueingCompany Designated Engineering Representative who has been authorized bythe FAAtomake such findings. For arepair method tobe appro\"ed by the Manager. SeaHle .'\CO.as required by this paragrnph. the Manager's approval leIter must specifically reference this ,\D.
Alternative Methods ofCompliance (d) An alternative method ofcompliance or acljusullont ofthe compliance time th~t provides an acceptable level ofsafety may b" used ifappnlved bythe Manager, S",all]c ,'1CO.0plll'iltClrsshan ~llbmit their reque,ls through an npproprinte 1"/\,\Principal M8intenllnc:eInspnclor, who may add COJIlI1H.mts

"nd then send ilto the M;]n~gel·. Seattle ACO. Note 3; Infurmflti(ln ,;oneeming 11,() existence ofappl'oved n!teruative JlllltJlOdsof compliance with this ."ID.iJany. mnybe obtainlld fromthe Seattle ACO. Special Flight Permits (el Special flight permits m~ybe issued in accordance with sections 21.t97 and 21.1(19 ofthe Federal Aviation Regulations (14CFR 21.197 and 21.1991to operete the airplane 10

alocation where the requirnmen1.softhis AD Cffi1 beaccomplished" Incorporation byReference 

# tn Except as provided. byparagraph Ie)of this AD,the actions shall be done in accordance wilh lhe following Boeingservice bulletins. as applicaiJle:

Service bulletinNo.

767-54-<lOBO 767-54-{)069 Original 1 Revision level Date

October 7, 1999. January 29. 199B.Federal Regisler /Vol. 66, No. 191 

### Monday, January 29, 20011 

### Rules and 

### Regulations 8089

Service bulletinNo.

767-54-<1069

. . . 767-54-0083

.._._ . 767-54--0088

.. . . 767-54AQ094

.. .

_ _ . 767-57-0053

_ . 767-29-0057

... 767-29-0057 NSC 1 Revision level

2

. Original
1

. 1

. 2

. Original Original

. Date
August 31. 2000_ September 17. 1998. July29, 1999_ September 16, 1999_ September 23.1999. December 16, 1993_ November 23, 1994_

This incorporation by referenco was ilpprovcd bythe Director of1111! Federal Regisler in accordance with 5V.S.C. 552(a) and 1CFRpart 51,Copies maybe ohlHined fromBoeingCommercial Airplane Group, P.O. BoxP07. SealLle.Washington 98124- 2207. Copies may beinspected atLheFAA, TnLn$portAirplane Direc:lorale, 1601 Lind ,\vullue, SW., kenlan, W[lshinglon; or "t lhe Orfi<;e ofIhe Federal R&gistllr,!,lOO Nurlh C"I.';LOI Slreet. NW

. suite 700. WoshingtOIl. DC.
r.ITcctiveDate (g)This amendment becolllll5effc{;ti"eon March 5. 2001.

Issued in Renton. Washington. onJanuary
17.2001. Donald L.Riggin, lIe/ing Manager. TransportAirplanl1 /)ircctoratc, Aircraft Ccrtificalian Servicc.
lFR Doc. 01-1947 Filed 1-26--01; 8:45 amI

BILtlNG COOE 4910----13--U

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 777
[FHWADockl1lNo. FHWA-97-2514; 96-8]

RIN2125-AD78
Mitigation of Impacts to Wetlands and Natural Habitat
AGENCY;

Federal Highway Adillinistmtion (FHWA). DOT. ACTION: Finnl rule; delay of el"facli

### ve date.

SUMMARY:

The Federal Highway Administration (FHWA) is delaying the effeclive llate of the final rule it published on December 29. 2000 (65 FR 82913). concerning the mitigation of impacts to wetlands and natural habitat. The original effective date ofthis final rule was january 29. 2001. The new effective date ofthis rule is March 30, 2001. The delayed effective date will provide the Administration an opportunity to review this final rule. DATES:The effective date ofthe rule amending 23 eFR part 777 published at 65 FR 82913, December 29. 2001, is delayed fr0111

january 29, 2001 until March 30. 2001. FORFURTHER INFORMATION

CONTACT:

Mr. Paul Garrett, Office of Natural Environment, (303) 969-5772, ext. 332, email address: 

### pau1.garrett@jhwa.dol.gov;FHWA555 Zang Street; Lakewood, CO 80228 office hours are from 8 a.m. to 5 p.m" m.t., Monday through Friuuy, except Federal holidays; or Mr. Robert Black, Ofl'icc of the Chid Counsel, HCC-30. (202) 366- 1:-159,email address; 

### robcrt.hlack@fhwa.dol,gov,400Seventh Street. SW., Washington, DC 20590- 0001, Office hours are from 7:45 a,m. to 4:15 p.m

.. e.l., Monday through Friday. except Federal holidays.
SUPPLEMENTARY

INFORMATION:

The FHWA believes good cause exists to publish this rule delaying the effective date ofthe FHWA's December 29 final rule on Mitigation ofImpacts to Wetlands and Natural Habitat. and making such delay effective upon publication ofthis rule. Because the December 29 published final rule would have gone into effect on January 29, 2.001, it would be impracticable to provide prior notice and opportunity for public commen\. In addition it would be contrary to tha public interest to per111it the rule to go into effect ns previously scheduled without giving the Administration all opportunity to review the rule in accordance with the me1110mndum ofjanuary 20. 2001, from the Assistant to the Prcsident and Chief of Staff. entiUed "Rcgulatory Review Plan," published in the Federal Register

on January 24,2001.
lssu?d on:January 25. 2001. Anthon)' R. Kane.
Exccutive Direr;for_ 1m Doc_01-2534 Filed 1-26-01; 8:45

### amI

81LUNG COO<' 4InO----22 ..•• ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80
[FRL--6940--4]

RlN 206o-AI60

Peti1ion by American Samoa for Exemption From Anti-Dumping Requirements for Conventional Gasoline; Delay of Effective Date
AGENCY;

Environmental Protection Agency. ACTION: Final rule; delay ofeffective 

### date.

SUMMARY:

in accordance with the memorandum of]anuary 20, 2001. from the Assistant to the President and Chief of Staff, entitled "Regulatory Review Plan," published in the Federal Register

on January 24. 2001, this action temporarily del<lYsfor 60 days the effective date of the rule entitled Petition by American Samoa for Exemplion from Anti-Dumping Requirements for Conventional Gasoline. published in the Federal Register on November 2!-J.2000. 65 FR 71067. That rulu grants a petition by the Territory of AmcriC<ln Samoa for exemption from the Clean Air Act's anti-dumping mquircments for gasoline sold in thtl United States af!or January 1, 1995. To tl1eoxtent that 5 U.S.c. 55:1

or 42 U.S.c. 7()07(d) applies to Ihis action, it is exempt from notice iJnrl comment because it constitutes <lrule of procedure under 5 U.S.c. 553(bl(A). Alternatively. the Agency's implementation ofthis rule without opportunily for public comment, effective immediately upon publication today in the Federal Register. is based

on the good cause exceptions in 5 U.S.C. 553(b)(B} and 553(d)(3]. in that seeking public comment is impracticable. unnecessary and contrary to the public iEterest. The temporary 50-day delay in effective dare is necessary to gh'e Agency officials the opportunity for further review and consideration of new regulations. consistent with the Assistant to the President's memorandum of January 2.0,2001. Given the imminence oftlie effective date, seeking prior public comment on