29470 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

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 Britax Sell GmbH & Co. OHG, MPL Mr.

H.D. Poggensee, P.O. Box 1161, 35721

Herborn Germany, telephone international

code 49–2772–707–0; fax international code

49–2772–707–141. Copies may be inspected

at the FAA, New England Region, Office of

the Regional Counsel, 12 New England

Executive Park, Burlington, MA; 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 Luftfahrt-Bundesamt airworthiness

directive 2000–379, dated November 13,

2000.

Effective Date of This AD

(f) This amendment becomes effective on

June 15, 2001.

Issued in Burlington, Massachusetts, on

May 17, 2001.

Diane S. Romanosky,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 01–13182 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–207–AD; Amendment

39–12242; AD 2001–11–01]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–32 Series

Airplanes Modified Per Supplemental

Type Certificate SA4371NM

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all McDonnell Douglas

Model DC–9–32 series airplanes

modified per Supplemental Type

Certificate SA4371NM, that requires an

inspection to determine if certain

ground wires on the water heater of

each lavatory are installed, and

corrective action, if necessary. The

actions specified by this AD are

intended to detect improper grounding

of a water heater, which, coupled with

an internal short in the water heater,

could result in heat or smoke damage or

a fire on the airplane. This action is

intended to address the identified

unsafe condition.

DATES: Effective July 5, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 5, 2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from from Hexcel Interiors, 3225

Woburn Street, Bellingham, Washington

98226; or 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 Office of the

Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT: Don

Eiford, Aerospace Engineer, Systems

and Equipment Branch, ANM–130S,

FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2788; 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 all McDonnell

Douglas Model DC–9–32 series

airplanes modified per Supplemental

Type Certificate SA4371NM was

published in the Federal Register on

February 15, 2001 (66 FR 10380). That

action proposed to require an inspection

to determine if certain ground wires on

the water heater of each lavatory are

installed, and corrective action, if

necessary.

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

There are approximately 30 airplanes

of the affected design in the worldwide

fleet. The FAA estimates that 20

airplanes of U.S. registry will be affected

by this AD, that it will take

approximately 1 work hour per airplane

to accomplish the required inspection,

and that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the AD on U.S. operators

is estimated to be $1,200, or $60 per

airplane.

The cost impact figure discussed

above is 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.

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29471

1Unless otherwise noted, all references to rule 1

will be to 17 CFR 257.1.

2 ‘‘Company’’ or ‘‘companies’’ means a service

company subject to 17 CFR 250.93, or a holding

company subject to 17 CFR 250.26, which is not an

electric utility company or a gas utility company,

and any predecessor or inactive or dissolved

associate company, the records of which are in the

possession or control of such company.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2001–11–01 McDonnell Douglas:

Amendment 39–12242. Docket 2000–

NM–207–AD.

Applicability: Model DC–9–32 series

airplanes modified per Hexcel Supplemental

Type Certificate (STC) SA4371NM, as listed

in Hexcel Service Bulletin 110000–25–001,

dated March 31, 2000; 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 (b) 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 improper grounding of a water

heater, which, coupled with an internal short

in the water heater, could result in heat or

smoke damage or a fire on the airplane,

accomplish the following:

Inspection and Corrective Action

(a) Within 18 months after the effective

date of this AD, perform a one-time general

visual inspection to determine if ground

wires are installed between the top of the

water heater and the sink unit and between

the sink unit and the mounting flange of the

toilet flush timer module on each lavatory,

per Hexcel Service Bulletin 110000–25–001,

dated March 31, 2000. If any ground wire is

not installed, before further flight, install a

ground wire assembly per the service

bulletin.

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.’’

Alternative Methods of Compliance

(b) 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 3: 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

(c) Special flight permits may be issued in

accordance with §§ 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

(d) The actions shall be done in accordance

with Hexcel Service Bulletin 110000–25–001,

dated March 31, 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 Hexcel Interiors, 3225 Woburn

Street, Bellingham, Washington 98226; or

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 Office of the Federal Register, 800 North

Capitol Street, NW., Suite 700, Washington,

DC.

Effective Date

(e) This amendment becomes effective on

July 5, 2001.

Issued in Renton, Washington, on May 18,

2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–13181 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–13–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR 257

[Release No. 35–27404; File No. S7–07–01]

RIN 3235–AI12

Electronic Recordkeeping by Public

Utility Holding Companies

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Securities and Exchange

Commission is adopting amendments to

revise rules under the Public Utility

Holding Company Act of 1935 regarding

recordkeeping requirements for

registered public utility holding

companies and their mutual or

subsidiary service companies. The

current rules were most recently

updated in 1984 and allow regulated

companies to preserve records using

storage media such as paper, magnetic

tape, and microfilm. The amendments

will expand the approved recordkeeping

methods to allow the use of modern

information technology resources. The

Commission is adopting these rule

amendments in response to the passage

of the Electronic Signatures in Global

and National Commerce Act, which

encourages federal agencies to

accommodate electronic recordkeeping.

EFFECTIVE DATE: May 31, 2001.

FOR FURTHER INFORMATION CONTACT:

Catherine A. Fisher, Assistant Director,

Robert P. Wason, Chief Financial

Analyst, or Victoria J. Adraktas,

Attorney-Advisor, Office of Public

Utility Regulation, (202) 942–0545,

Division of Investment Management,

Securities and Exchange Commission,

450 5th Street, NW., Washington, DC

20549–0503.

SUPPLEMENTARY INFORMATION: The

Securities and Exchange Commission

(‘‘Commission’’) today is adopting

amendments to rule 1 [17 CFR 257.1],1

regarding the preservation and

destruction of records of registered

public utility holding companies and of

mutual and subsidiary service

companies, under the Public Utility

Holding Company Act of 1935 [15

U.S.C. 79] (‘‘Holding Company Act’’).

Executive Summary

Federal law requires registered public

utility holding companies and their

mutual or subsidiary service companies

to make and keep books and records.2

The recordkeeping requirements are a

key part of the Commission’s public

utility holding company regulatory

program because they allow us to

monitor the operations of companies

and to evaluate their compliance with

federal law. The recordkeeping rule

currently permits records to be

preserved and maintained using storage

media such as paper, magnetic tape, and

microfilm. In light of the advances in

information technology since the rule

was promulgated in 1984 and in

particular the rapid changes in

technology in recent years, we believe

that we should revise the standards for

permissible recordkeeping media to

allow the use of current electronic

recordkeeping and storage resources in