Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations 66927

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (f) of this AD. The

request should include an assessment of the

effect of the modification, alteration, or repair

on the unsafe condition addressed by this

AD; and, if the unsafe condition has not been

eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the front spar

attachment and upper cap of the engine

pylons due to fatigue cracking, and

consequent reduced structural integrity of the

airplane, accomplish the following:

Repetitive Inspections

(a) Prior to the accumulation of 9,800 total

flight hours, or within the next 1,800 flight

hours after August 23, 1977 (the effective

date of AD 77–14–19, amendment 39–2971),

whichever occurs later, unless accomplished

previously within the last 1,800 flight hours,

accomplish the radiographic and ultrasonic

or eddy current inspections in accordance

with the instructions in Douglas Service

Bulletin 54–30, dated January 19, 1977.

Repeat the inspection thereafter at intervals

not to exceed 3,600 flight hours. For those

operators who have conducted only the

radiographic inspections in accordance with

Douglas All Operators Letter AOL 9–835,

dated October 30, 1974, perform the

ultrasonic or eddy current inspections, and

thereafter, the radiographic and ultrasonic or

eddy current inspection in accordance with

the requirements of this AD, as applicable.

Note 2: Inspections accomplished prior to

the effective date of this AD in accordance

with McDonnell Douglas Service Bulletin

54–30, Revision 1, dated June 29, 1977,

Revision 2, dated October 27, 1978, Revision

3, dated April 30, 1986, or Revision 4, dated

March 25, 1991; or McDonnell Douglas

Service Bulletin DC9–54–030, Revision 05,

dated August 26, 1999, or Revision 06, dated

November 11, 1999; are considered

acceptable for compliance with the

inspections required by paragraph (a) of this

AD.

Initial Inspections and Follow-On/Corrective

Action

(b) For airplanes on which the

modification specified in paragraph (e) of

this AD has not been accomplished: Prior to

the accumulation of 8,000 total flight hours

or within 3,600 flight hours after the effective

date of this AD, whichever occurs later,

perform x-ray and eddy current inspections

to detect cracks of the upper cap of the front

spar of the left and right engine pylons, in

accordance with McDonnell Douglas Service

Bulletin DC9–54–030, Revision 06, dated

November 11, 1999. Accomplishment of

these inspections constitutes terminating

action for the repetitive inspection

requirements of paragraph (a) of this AD.

No Crack Detected: Repetitive Inspections

(c) If no crack is detected during any

inspection required by paragraph (a) or (b) of

this AD, repeat the inspections thereafter at

intervals not to exceed 3,600 flight hours

until the modification required by paragraph

(e) of this AD is accomplished.

Any Crack Detected: Modification

(d) If any crack is detected during any

inspection required by paragraph (a) or (b) of

this AD, prior to further flight, accomplish

the modification specified in paragraph (e) of

this AD.

Terminating Modification

(e) Except as provided by paragraph (d) of

this AD, prior to the accumulation of 100,000

total landings, or within 6 months after the

effective date of this AD, whichever occurs

later, modify the upper cap of the front spar

of the left and right engine pylons in

accordance with McDonnell Douglas Service

Bulletin DC9–54–030, Revision 06, dated

November 11, 1999. Accomplishment of this

modification constitutes terminating action

for the requirements of this AD.

Note 3: Accomplishment of the

modification of the upper cap of the front

spar of the left and right engine pylons prior

to the effective date of this AD in accordance

with Douglas Service Bulletin 54–30,

Revision 4, dated March 25, 1991, or

McDonnell Douglas Service Bulletin DC9–

54–030, Revision 5, dated August 26, 1999;

is considered acceptable for compliance with

the modification specified in paragraph (e) of

this AD.

Alternative Methods of Compliance

(f) 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. 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 4: 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

(g) 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

(h) The actions specified in paragraphs (b)

and (e) of this AD shall be done in

accordance with McDonnell Douglas Service

Bulletin DC9–54–030, Revision 06, dated

November 11, 1999. 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: Technical Publications Business

Administration, Dept. C1–L51 (2–60). Copies

may be inspected at the FAA, Transport

Airplane Directorate, 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.

Effective Date

(i) This amendment becomes effective

on December 13, 2000.

Issued in Renton, Washington, on October

30, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28234 Filed 11–7–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–152–AD; Amendment

39–11963; AD 2000–22–16]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace (Jetstream) Model 4101

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all British Aerospace

(Jetstream) Model 4101 airplanes, that

requires a functional check of the

rudder pedals to ensure full and free

movement at all rudder pedal positions,

and modification of the forward rudder

pedal boxes. The actions specified by

this AD are intended to prevent

restricted movement of the rudder

pedals due to structural interference,

which could result in reduced

controllability of the airplane. This

action is intended to address the

identified unsafe condition.

DATES: Effective December 13, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

13, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from British Aerospace Regional

Aircraft American Support, 13850

Mclearen Road, Herndon, Virginia

20171. 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.

66928 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

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 all British

Aerospace (Jetstream) Model 4101

airplanes was published in the Federal

Register on August 29, 2000 (65 FR

52373). That action proposed to require

a functional check of the rudder pedals

to ensure full and free movement at all

rudder pedal positions, and

modification of the forward rudder

pedal boxes.

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 cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 58 British

Aerospace (Jetstream) Model 4101

airplanes of U.S. registry will be affected

by this AD.

It will take approximately 1 work

hour per airplane to accomplish the

functional check, at an average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the AD

on U.S. operators is estimated to be

$3,480, or $60 per airplane.

It will take approximately 6 work

hours per airplane to accomplish the

modification, at an average labor rate of

$60 per work hour. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be

$20,880, or $360 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 will 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:

2000–22–16 British Aerospace Regional

Aircraft (Formerly Jetstream Aircraft

Limited; British Aerospace (Commercial

Aircraft) Limited): Amendment 39–

11963. Docket 2000–NM–152–AD.

Applicability: All Model Jetstream 4101

airplanes, 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 prevent restricted movement of the

rudder pedals due to structural interference,

which could result in reduced controllability

of the airplane, accomplish the following:

Functional Check

(a) Within 60 days after the effective date

of this AD, perform a functional check of the

left and right rudder pedals to ensure full and

free movement at all rudder pedal positions,

in accordance with Part 1 of the

Accomplishment Instructions of Jetstream

Alert Service Bulletin J41–A27–055, dated

March 10, 2000. If any restriction in rudder

pedal movement is found, prior to further

flight, accomplish the modification required

by paragraph (b) of this AD.

Modification

(b) Within 8 months after the effective date

of this AD, modify the forward pedal boxes

(including moving the rudder pedals and

measuring clearances between the rod

attachment bolt and the flange of the floor

channel; correcting any incorrect clearances;

and repeating the functional check of the

rudder pedals specified in paragraph (a) of

this AD) in accordance with Part 2 of the

Accomplishment Instructions of Jetstream

Alert Service Bulletin J41–A27–055, dated

March 10, 2000.

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,

International Branch, ANM–116, 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, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations 66929

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 Jetstream Alert Service Bulletin J41–

A27–055, dated March 10, 2000. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from British

Aerospace Regional Aircraft American

Support, 13850 Mclearen Road, Herndon,

Virginia 20171. Copies may be inspected at

the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in British airworthiness directive 002–03–

2000.

Effective Date

(f) This amendment becomes effective on

December 13, 2000.

Issued in Renton, Washington, on October

30, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28232 Filed 11–7–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 62

RIN 1219–AA53

Health Standards for Occupational

Noise Exposure; Correction

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Correcting amendment.

SUMMARY: The Mine Safety and Health

Administration published in the

Federal Register of Monday, September

13, 1999, (64 FR 49548) the final rule

relating to the health standards for

occupational noise exposure. This

document contains a correction to that

document.

DATES: Effective on November 8, 2000.

FOR FURTHER INFORMATION CONTACT:

Carol J. Jones, Director, Office of

Standards, Regulations, and Variances,

MSHA, (703) 235–1910 (not a toll-free

call).

SUPPLEMENTARY INFORMATION: As

published, the final rule contains an

error which needs to be corrected.

Accordingly, 30 CFR part 62 is

corrected by making the following

correcting amendment:

PART 62—OCCUPATIONAL NOISE

EXPOSURE

1. The authority citation for part 62 is

revised to read as follows:

Authority: 30 U.S.C. 811.

Appendix to Part 62 [Amended]

2. In the Appendix to part 62, in the

note to Table 62–1, the formula for T is

revised to read as follows:

T = 8/2(L–90)/5

Dated: November 1, 2000.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 00–28586 Filed 11–7–00; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 920

[MD–047–FOR]

Maryland Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule.

SUMMARY: OSM is approving an

amendment to the Maryland regulatory

program under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). Maryland proposed the

amendment to make its program no less

effective than the federal regulations

regarding procedures for financing

abandoned mine land reclamation

projects that involve the incidental

extraction of coal. The amendment is

intended to revise the Maryland

program to be consistent with the

corresponding Federal regulations and

SMCRA.

EFFECTIVE DATE: November 8, 2000.

FOR FURTHER INFORMATION CONTACT:

George Rieger, Program Manager, OSM,

Appalachian Regional Coordinating

Center, 3 Parkway Center, Pittsburgh,

PA 15220. Telephone: (412) 937–2153;

E-mail:grieger@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Maryland

Program

On February 18, 1982, the Secretary of

the Interior approved the Maryland

program. You can find background

information on the Maryland program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval in the February

18, 1982, Federal Register (47 FR 7214).

You can find subsequent actions

concerning conditions of approval and

program amendments at 30 CFR 920.12,

920.15, and 920.16.

II. Submission of the Amendment

By letter dated July 10, 2000

(Administrative Record No. MD–582–

00), Maryland submitted the proposed

amendment to its regulatory program

pursuant to the federal regulations at 30

CFR 732.17(b). Maryland proposed the

amendment to make its program no less

effective than the federal regulations at

30 CFR 707.5, 707.10, 874.10, and

874.17. These sections of the federal

regulations describe procedures for

financing abandoned mine land

reclamation projects that involve the

incidental extraction of coal. Maryland

proposed to change the definition of the

term, ‘‘Government-Financed

Construction’’ at Code of Maryland

Regulation (COMAR) 26.20.12.02 B(1)(a)

by adding the phrase, ‘‘Funding at less

than 50 percent may qualify if the

construction is undertaken as an

approved reclamation project under

Environment Article, Title 15, Subtitle

11 Annotated Code of Maryland and 30

CFR Subchapter R.’’

Maryland also added new section .04

to COMAR 26.20.12. This section is

titled, ‘‘Government Funded

Reclamation Projects.’’ The proposed

rulemaking was published in the August

14, 2000, Federal Register (65 FR

49524). The public comment period

closed on September 13, 2000. No one

requested an opportunity to speak at a

public hearing, so no hearing was held.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the amendments to

the Maryland regulatory program.

The first change Maryland is making

to its program is the modification of the

definition of the term, ‘‘GovernmentFinanced Construction’’ at COMAR

26.20.12.02 B(1)(a). Maryland added the